MEND Act

To enable hospital-based nursing programs that are affiliated with a hospital to maintain payments under the Medicare program to hospitals for the costs of such programs. 1. Short title This Act may be cited as the Making the Education of Nurses Dependable for Schools Act MEND Act 2. Enabling hospital-based nursing programs that are affiliated with a hospital to maintain Medicare payments for the costs of such programs (a) In general For purposes of clarifying the methodology for payment under the Medicare program under title XVIII of the Social Security Act to providers for the costs of nursing and allied health education activities for cost reporting periods beginning on or after the date of the enactment of this Act, the Secretary of Health and Human Services shall apply section 413.85 of title 42, Code of Federal Regulations— (1) by treating a provider as meeting all of the requirements described in paragraph (f)(1) of such section if the provider or a wholly owned subsidiary educational institution of such provider singly or collectively meets all of such requirements; (2) in the case of a provider that would meet the requirements of paragraph (g)(3) of such section, with respect to a nursing or allied health education program, except that the transfer described in such paragraph of such a program to a wholly owned subsidiary educational institution in order to meet accreditation standards occurred after October 1, 2003, by treating such provider as meeting the requirements of such paragraph (and eligible for payments under such paragraph) with respect to such program; (3) in the case of a provider or wholly owned subsidiary educational institution of such provider that has been in continuous operation since October 1, 2003, by treating such provider, beginning as of such date with respect to such program, as described in paragraphs (1) and (2) of this subsection; and (4) by defining the term wholly owned subsidiary educational institution (b) Definitions For purposes of this section: (1) Provider The term provider (2) Wholly owned subsidiary educational institution The term wholly owned subsidiary educational institution (A) is organized as a legal entity distinct from the provider; (B) has the provider as its sole owner or sole member; and (C) is organized in the same State in which the provider is organized or registered to do business.

Summary: Making the Education of Nurses Dependable for Schools Act or the MEND Act Requires the Department of Health and Human Services, for any reimbursements to providers under title XVIII (Medicare) of the Social Security Act for the costs of nursing and allied health education activities, to apply the regulation establishing the payment methodology for such reimbursements by treating a provider as meeting the requirements: for consideration as operating an approved nursing or allied health education program if the provider or a wholly owned subsidiary educational institution singly or collectively meets all such requirements; for payment for certain nonprovider-operated programs at wholly owned subsidiary educational institutions if the provider meets all such requirements except that the transfer of a nursing or allied health education program to that wholly owned subsidiary educational institution to meet accreditation standards occurred after October 1, 2003, and if the provider or its wholly owned subsidiary educational institution has been in continuous operation since October 1, 2003. Defines "wholly owned subsidiary educational institution" as one that: (1) is organized as a legal entity distinct from the provider, (2) has the provider as its sole owner or sole member, and (3) is organized in the same state in which the provider is organized or registered to do business.