I 
116TH CONGRESS 
1ST SESSION H. R. 1901 
To amend title XVIII of the Social Security Act to preserve access to 
rehabilitation innovation centers under the Medicare program. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2019 
Mr. OLSON (for himself, Ms. SCHAKOWSKY, Ms. KELLY of Illinois, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, and Mr. FOSTER) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend title XVIII of the Social Security Act to preserve 
access to rehabilitation innovation centers under the 
Medicare program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Rehabilita-
tion Innovation Centers Act of 2019’’. 
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SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVA-
TION CENTERS UNDER MEDICARE. 
Section 1886(j)(7)(E) of the Social Security Act (42 
U.S.C. 1395ww(j)(7)(E)) is amended— 
(1) by striking ‘‘PUBLIC AVAILABILITY OF DATA 
SUBMITTED.—The’’ and inserting ‘‘PUBLIC AVAIL-
ABILITY OF DATA SUBMITTED.— 
‘‘(i) IN GENERAL.—The’’; and 
(2) by inserting after clause (i), as redesignated 
by paragraph (1), the following new clauses: 
‘‘(ii) PUBLIC RECOGNITION OF REHA-
BILITATION
INNOVATION
CENTERS.—Be-
ginning not later than one year after the 
date of the enactment of this clause, the 
Secretary shall make publicly available on 
such Internet website, in addition to the 
information required to be reported on 
such website under clause (i), a list of all 
rehabilitation innovation centers, and shall 
update such list on such website not less 
frequently than biennially. 
‘‘(iii) REHABILITATION
INNOVATION 
CENTERS
DEFINED.—For 
purposes 
of 
clause (ii), the term ‘rehabilitation innova-
tion centers’ means a rehabilitation facility 
that, as of the applicable date (as defined 
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in clause (vi), is a rehabilitation facility de-
scribed in either clause (iv) or (v). 
‘‘(iv) NOT-FOR-PROFIT.—A rehabilita-
tion facility described in this clause is a re-
habilitation facility that— 
‘‘(I) is classified as a not-for- 
profit entity under the IRF Rate Set-
ting File for the Inpatient Rehabilita-
tion Facility Prospective Payment 
System for Federal Fiscal Year 2016 
(80 Fed. Reg. 47036), or any suc-
cessor regulations that contain such 
information; 
‘‘(II) holds, as of the applicable 
date at least one Federal rehabilita-
tion research and training designation 
for research projects on traumatic 
brain injury, spinal cord injury, or 
stroke rehabilitation research from the 
National Institute on Disability, Inde-
pendent Living, and Rehabilitation 
Research 
at 
the 
Department 
of 
Health and Human Services, based on 
such data submitted to the Secretary 
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by a facility, in a form, manner, and 
time frame specified by the Secretary; 
‘‘(III) has a minimum Medicare 
estimated weight per discharge of 
1.1144 for the most recent fiscal year 
for which such information is avail-
able according to the IRF Rate Set-
ting File described in subclause (I), or 
any successor regulations that contain 
such information; and 
‘‘(IV) is determined by the Sec-
retary based upon such data sub-
mitted to the Secretary by the facility 
with respect to the most recent year 
for which such information is avail-
able as the Secretary may require, to 
have had at least 300 Medicare dis-
charges in a year. 
‘‘(v) GOVERNMENT-OWNED.—A reha-
bilitation facility described in this clause is 
a rehabilitation facility that— 
‘‘(I) is classified as a Govern-
ment-owned institution under the IRF 
Rate Setting File described in clause 
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(iv)(I), or any successor regulations 
that contain such information; 
‘‘(II) holds, as of the applicable 
date, at least one Federal rehabilita-
tion research and training designation 
for research projects on traumatic 
brain injury, spinal cord injury, or 
stroke rehabilitation research from the 
National Institute on Disability, Inde-
pendent Living, and Rehabilitation 
Research 
at 
the 
Department 
of 
Health and Human Services, as deter-
mined based on such data submitted 
to the Secretary by the facility as the 
Secretary may require (and in a form, 
manner, and time frame specified by 
the Secretary); 
‘‘(III) has a minimum Medicare 
estimated weight per discharge of 
1.1144 for the most recent fiscal year 
for which such information is avail-
able according to the IRF Rate Set-
ting File described in clause (iv)(I), or 
any successor regulations that contain 
such information; and 
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‘‘(IV) has a Medicare dispropor-
tionate share hospital (DSH) percent-
age of at least 0.6300 for the most re-
cent fiscal year for which such infor-
mation is available according to the 
IRF Rate Setting File described in 
clause (iv)(I), or any successor regula-
tions that contain such information. 
‘‘(vi) APPLICABLE DATE DEFINED.— 
For purposes of clauses (iii), (iv), and (v), 
the term ‘applicable date’ means— 
‘‘(I) with respect to the initial 
publication of a list under clause (ii), 
the date of the enactment of such 
clause; and 
‘‘(II) with respect to the publica-
tion of an updated list under clause 
(ii), a date specified by the Secretary 
that is not more than 1 year prior to 
the date of such publication. 
‘‘(vii) 
IMPLEMENTATION.—Notwith-
standing any other provision of law the 
Secretary may implement clauses (ii) 
through (vi) by program instruction or oth-
erwise. 
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‘‘(viii) NONAPPLICATION
OF
PAPER-
WORK
REDUCTION
ACT.—Chapter 35 of 
title 44, United States Code, shall not 
apply to data collected under clauses (ii) 
through (v). 
‘‘(ix) STUDY AND REPORT.—Not later 
than March 15, 2021, and as determined 
necessary by the Medicare Payment Advi-
sory Commission as part of subsequent an-
nual reports under section 1805(b)(1)(C), 
the Commission shall submit to Congress a 
report analyzing the most recent three 
years of cost report data available for all 
rehabilitation innovation centers (as de-
fined in clause (ii)) and assess the ade-
quacy of payments to such innovation cen-
ters for inpatient rehabilitation services 
under this title. Any report submitted 
under the preceding sentence shall include 
recommendations for such legislation and 
administrative action as the Commission 
determines appropriate.’’. 
Æ 
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