Dr. Joanne Smith Memorial Rehabilitation Innovation Centers Act of 2022
PL 117-341 (S.2834), enacted 01/05/2023

[117th Congress Public Law 341]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6179]]

Public Law 117-341
117th Congress

                                 An Act


 
 To amend title XVIII of the Social Security Act to preserve access to 
          rehabilitation innovation centers under the Medicare 
              program. <<NOTE: Jan. 5, 2023 -  [S. 2834]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Dr. Joanne Smith 
Memorial Rehabilitation Innovation Centers Act of 2022.>> 
SECTION 1. <<NOTE: 42 USC 1305 note.>>  SHORT TITLE.

    This Act may be cited as the ``Dr. Joanne Smith Memorial 
Rehabilitation Innovation Centers Act of 2022''.
SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVATION CENTERS 
                    UNDER MEDICARE.

    (a) In General.--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 availability 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 rehabilitation 
                      innovation centers.-- <<NOTE: Effective 
                      date. Public information. Web 
                      posting. Lists. Updates.>> Beginning not later 
                      than 18 months 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 innovation centers' means a 
                      rehabilitation facility that, as of the applicable 
                      date (as defined in clause (v)), is a 
                      rehabilitation facility described in clause (iv).
                          ``(iv) Rehabilitation facility described.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a rehabilitation 
                                facility described in this clause is a 
                                rehabilitation facility that--
                                            ``(aa) is classified as a 
                                        rehabilitation facility under 
                                        the IRF Rate Setting File for 
                                        the Inpatient Rehabilitation 
                                        Facility Prospective Payment 
                                        System for Federal Fiscal Year 
                                        2019 (83 Fed. Reg. 38514), or 
                                        any successor regulations that 
                                        contain such information;

[[Page 136 STAT. 6180]]

                                            ``(bb) holds at least one 
                                        Federal rehabilitation research 
                                        and training designation for 
                                        research projects on traumatic 
                                        brain injury or spinal cord 
                                        injury from the National 
                                        Institute on Disability, 
                                        Independent Living, and 
                                        Rehabilitation Research at the 
                                        Department of Health and Human 
                                        Services, based on such data 
                                        submitted to the Secretary by a 
                                        facility, in a form, manner, and 
                                        time frame specified by the 
                                        Secretary;
                                            ``(cc) submits to the 
                                        Secretary a description of the 
                                        clinical research enterprise of 
                                        the facility and a summary of 
                                        research activities of the 
                                        facility that are supported by 
                                        Federal agencies;
                                            ``(dd) has a minimum 
                                        Medicare estimated average 
                                        weight per discharge of 1.20 for 
                                        the most recent fiscal year for 
                                        which such information is 
                                        available according to the IRF 
                                        Rate Setting File described in 
                                        item (aa), or any successor 
                                        regulations that contain such 
                                        information; and
                                            ``(ee) has a minimum 
                                        teaching status of 0.075 for the 
                                        most recent fiscal year for 
                                        which such information is 
                                        available according to the IRF 
                                        Rate Setting File described in 
                                        item (aa), or any successor 
                                        regulations that contain such 
                                        information.
                                    ``(II) Waiver.--The Secretary may, 
                                as determined appropriate, waive any of 
                                the requirements under items (aa) 
                                through (ee) of subclause (I).
                          ``(v) Applicable date defined.--For purposes 
                      of clauses (iii) and (iv), 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 
                                publication of an updated list under 
                                clause (ii), a date specified by the 
                                Secretary that is not more than one year 
                                prior to the date of such publication.
                          ``(vi) Implementation.--Notwithstanding any 
                      other provision of law the Secretary may implement 
                      clauses (ii) through (v) by program instruction or 
                      otherwise.
                          ``(vii) Nonapplication of paperwork reduction 
                      act.--Chapter 35 of title 44, United States Code, 
                      shall not apply to data collected under clauses 
                      (ii) through (v).''.

    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Secretary of Health and Human Services--
            (1) <<NOTE: Recommenda- tions.>>  shall submit to Congress a 
        report containing any recommendations on action as the Secretary 
        determines appropriate to preserve access to rehabilitation 
        innovation centers (as defined in section 1886(j)(7)(E)(iii) of 
        the Social Security Act, as added by subsection (a)); and

[[Page 136 STAT. 6181]]

            (2) may, in the report described in paragraph (1), as 
        permitted by law, disseminate research, best practices, and 
        other clinical information identified or developed by such 
        rehabilitation innovation centers, as determined appropriate by 
        the Secretary.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 2834:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 8, considered and passed Senate.
            Dec. 21, considered and passed House.

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