I 
111TH CONGRESS 
1ST SESSION H. R. 2753 
To delay the implementation of new Medicare hospital geographic wage reclas-
sification criteria until the Secretary of Health and Human Services 
issues a proposal to revise the hospital wage index classification system 
that addresses certain considerations. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2009 
Mr. BERRY introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To delay the implementation of new Medicare hospital geo-
graphic wage reclassification criteria until the Secretary 
of Health and Human Services issues a proposal to revise 
the hospital wage index classification system that ad-
dresses certain considerations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NO APPLICATION OF REVISED MEDICARE AV-
ERAGE HOURLY WAGE COMPARISON RECLAS-
SIFICATION CRITERIA. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Health and Human Services 
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(in this section referred to as the ‘‘Secretary’’) shall not 
apply, during the period described in subsection (b), the 
changes contained in the final rule published on August 
19, 2008, on pages 48,434 through 49,083 of volume 73, 
Federal Register, to the average hourly wage comparison 
reclassification 
criteria 
described 
in 
sections 
412.230(d)(1)(iv), 412.232(c), and 412.234(b) of title 42, 
Code of Federal Regulations, to a subsection (d) hospital 
(as defined for purposes of section 1886 of the Social Se-
curity Act (42 U.S.C. 1395ww)) seeking reclassification 
of its wage index for purposes of such section during such 
period. 
(b) SUSPENSION PERIOD.—The period described in 
this subsection begins on October 1, 2008, and ends on 
the first day of the first fiscal year that begins 1 year 
after the Secretary has published in the Federal Register 
a proposal (or proposals) that considers the matters de-
scribed in subparagraphs (A) through (I) of section 
106(b)(2) of division B of the Tax Relief and Health Care 
Act of 2006 (Public Law 109–432). 
(c) EFFECT
ON RECLASSIFICATION DECISIONS.— 
Notwithstanding any other provision of law, in the case 
of a decision made by the Medicare Geographic Classifica-
tion Review Board under section 1886(d)(10) of the Social 
Security Act (42 U.S.C. 1395ww(d)(10)), during the pe-
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riod described in subsection (b), denying an application 
by a subsection (d) hospital (as so defined) for reclassifica-
tion of its wage index for purposes of such section during 
such period on the basis of the changes contained in the 
final rule published on August 19, 2008, on pages 48,434 
through 49,083 of volume 73, Federal Register, to the av-
erage hourly wage comparison reclassification criteria de-
scribed in sections 412.230(d)(1)(iv), 412.232(c), and 
412.234(b) of title 42, Code of Federal Regulations, the 
Board shall reissue the decision as if such changes were 
not in effect. 
(d) CLARIFICATION REGARDING APPLICATION
OF 
BUDGET NEUTRALITY.—The Secretary shall, in accord-
ance with paragraph (8)(D) of section 1886(d) of the So-
cial Security Act (42 U.S.C. 1395ww(d)), make a propor-
tional adjustment in the standardized amounts determined 
under paragraph (3) of such section for a fiscal year to 
assure that the provisions of this section do not result in 
aggregate payments under such section 1886(d) that are 
greater or less than those that would otherwise be made 
during the fiscal year. 
Æ 
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