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In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Solution: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Why? This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.

New input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medicare Long-Term Care Hospital
Improvement Act of 2007''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Long-term care hospitals (in this Act referred to as
''LTCHs'') serve a valuable role in the post-acute care
continuum by providing care to medically complex patients
needing long hospital stays.
(2) The Medicare program should ensure that patients
receive post-acute care in the most appropriate setting. The
use of additional certification criteria for LTCHs, including
facility and patient criteria, will promote the appropriate
placement of severely ill patients into LTCHs. Further, patient
admission, continued stay, and discharge screening tools can
guide appropriate patient placement.
(3) Measuring and reporting on quality of care is an
important function of any Medicare provider and a national
quality initiative for LTCHs should be similar to short-term
general acute care hospitals in the Medicare program.
(4) To conform the prospective payment system for LTCHs
with certain aspects of the prospective payment system for
short-term general acute care hospitals and promote payment
stability, the Secretary of Health and Human Services (in this
Act referred to as the ''Secretary'') should--
(A) perform an annual market basket update;
(B) conduct the long term care diagnosis related
groups (in this Act referred to as ''LTCDRGs'')
reweighting and wage level adjustments in a budget
neutral manner each year;
(C) not perform a proposed one-time budget
neutrality adjustment; and
(D) not extend the 25-percent limitation on
reimbursement of co-located hospital patient admissions
to freestanding LTCHs.
(5) LTCHs co-located with another hospital in underserved
areas, including rural areas and areas with an urban single or
MSA dominant hospital, should be afforded greater relief from
the 50 percent limitation on reimbursement of co-located
hospital patient admissions.

SEC. 3. NEW DEFINITION OF A LONG-TERM CARE HOSPITAL WITH FACILITY AND
PATIENT CRITERIA.

(a) Definition.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:

''Long-Term Care Hospital

''(ccc) The term 'long-term care hospital' means an institution
which--''
''(1) is primarily engaged in providing, by or under the
supervision of physicians, to medically complex inpatients
needing long hospital stays--
''(A) diagnostic services and therapeutic services
for medical diagnosis, treatment, and care of injured,
disabled, or sick persons; or
''(B) rehabilitation services for the
rehabilitation of injured, disabled, or sick persons;
''(2) has an average inpatient length of stay (as
determined by the Secretary) for beneficiaries under this title
of greater than 25 days, or as otherwise defined in section
1886(d)(1)(B)(iv);
''(3) satisfies the requirements of paragraphs (2) through
(9) of subsection (e);
''(4) meets the following additional facility criteria:
''(A) the institution has a patient review process,
documented in the patient medical record, that screens
patients prior to admission, validates within 48 hours
of admission that patients meet admission criteria,
regularly evaluates patients throughout their stay, and
assesses the available discharge options when patients
no longer meet the continued stay criteria;
''(B) the institution applies a standard patient
screening tool, as determined by the Secretary, that is
a valid clinical tool appropriate for this level of
care, uniformly used by all long-term care hospitals,
to measure the severity of illness and intensity of
service requirements for patients for the purposes of
making admission, continuing stay, and discharge
medical necessity determinations taking into account
the medical judgment of the patient's physician, as
provided for under sections 1814(a)(3) and
1835(a)(2)(B);
''(C) the institution has active physician
involvement with patients during their treatment
through an organized medical staff, physician review of
patient progress on a daily basis, and consulting
physicians on call and capable of being at the
patient's side within a moderate period of time, as
determined by the Secretary;
''(D) the institution has interdisciplinary team
treatment for patients, requiring interdisciplinary
teams of health care professionals, including
physicians, to prepare and carry out an individualized
treatment plan for each patient; and
''(E) the institution maintains adequate staffing
levels of licensed health care professionals, as
determined by the Secretary, to ensure that long-term
care hospitals provide the intensive level of care that
is sufficient to meet the needs of medically complex
patients needing long hospital stays; and
''(5) meets patient criteria relating to patient mix and
severity appropriate to the medically complex cases that long-
term care hospitals are uniquely designed to treat, as measured
under section 1886(m).''.
(b) New Patient Criteria for Long-Term Care Hospital Prospective
Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by
adding at the end the following new subsection:
''(m) Patient Criteria for Prospective Payment to Long-Term Care
Hospitals.--
''(1) In general.--To be eligible for prospective payment
as a long-term care hospital, a majority of the total number of
patients entitled to benefits under part A who are discharged
from a long-term care hospital must be medically complex
patients admitted with a high severity of illness, as that term
is defined by the Secretary for payment purposes, with 1 or
more enumerated medical conditions specified in paragraph (2).
''(2) Medically complex medical conditions.--The Secretary
shall determine a list of medical conditions associated with a
high severity of illness of patients who are appropriate for
treatment in long-term care hospitals, as indicated by the
presence of clinical comorbidities in accordance with a
methodology specified by the Secretary. Such list shall include
the following medical conditions:
''(A) Circulatory conditions.
''(B) Digestive, endocrine, and metabolic
conditions.
''(C) Infectious disease.
''(D) Neurological conditions.
''(E) Renal conditions.
''(F) Respiratory conditions.
''(G) Skin conditions.
''(H) Other medically complex conditions as defined
by the Secretary.''.
(c) Negotiated Rulemaking to Develop LTCH Facility and Patient
Criteria.--The Secretary shall promulgate regulations to carry out the
amendments made by this section on an expedited basis and using a
negotiated rulemaking process under subchapter III of chapter 5 of
title 5, United States Code.
(d) Effective Date.--The amendments made by this section shall
apply to discharges occurring on or after October 1, 2007.

SEC. 4. LTCH QUALITY IMPROVEMENT INITIATIVE.

(a) Study To Establish Quality Measures.--The Secretary shall
conduct a study (in this section referred to as the ''study'') to
determine appropriate quality measures for Medicare beneficiaries
receiving care in LTCHs.
(b) Report.--Not later than October 1, 2007, the Secretary shall
submit to Congress a report on the results of the study.
(c) Selection of Quality Measures.--Subject to subsection (e), the
Secretary shall choose 3 quality measures from the study to be reported
by LTCHs.
(d) Requirement for Submission of Data.--
(1) In general.--LTCHs shall--
(A) collect data on the 3 quality measures chosen
under subsection (c); and
(B) submit all required quality data to the
Secretary.
(2) Failure to submit data.--Any LTCH which does not submit
the required quality data to the Secretary in any fiscal year
shall have the applicable LTCH market basket under section 1886
reduced by not more than 0.4 percent for such year.
(e) Expansion of Quality Measures.--The Secretary may expand the
number of quality indicators required to be reported by LTCHs under the
study. If the Secretary adds other measures, the measures shall reflect
consensus among the affected parties. The Secretary may replace any
measures in appropriate cases, such as where all hospitals are
effectively in compliance or where measures have been shown not to
represent the best clinical practice.
(f) Availability of Data to Public.--The Secretary shall establish
procedures for making the quality data submitted under this section
available to the public.

SEC. 5. CONFORMING LTCH PPS UPDATES TO THE INPATIENT PPS.

(a) Requiring Annual Updates of Base Rates and Wage Indices and
Annual Updates and Reweighting of LTCDRGs.--
(1) In general.--The second sentence of section 307(b)(1)
of the Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (114 Stat. 2763A-496), as enacted into
law by section 1(a)(6) of Public Law 106-554, is amended by
inserting before the period at the end the following: '', and
shall provide (consistent with updating and reweighting
provided for subsection (d) hospitals under paragraphs
(2)(B)(ii), (3)(D)(iii), and (3)(E) of section 1886 of the
Social Security Act) for an annual update under such system in
payment rates, in the wage indices (in a budget neutral
manner), and in the classification and reweighting (in a budget
neutral manner) of the diagnosis-related groups applied under
such system''.
(2) Application.--Pursuant to the amendment made by
paragraph (1), the Secretary shall provide annual updates to
the LTCH base rate, as is specified for the inpatient hospital
prospective payment system under section 1886(d)(2)(B)(ii) of
the Social Security Act (42 U.S.C. 1395ww(d)(2)(B)(ii)). The
Secretary shall annually update and reweight the LTCDRGs under
section 307(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 or an alternative
patient classification system in a budget neutral manner,
consistent with such updating and reweighting applied under
section 1886(d)(3)(D)(iii) of the Social Security Act (42
U.S.C. 1395ww(d)(3)(D)(iii)). The Secretary shall annually
update wage levels for LTCHs in a budget neutral manner,
consistent with such annual updating applied under section
1886(d)(3)(E) of the Social Security Act (42 U.S.C.
1395ww(d)(3)(E)).
(b) Elimination of One-Time Budget Neutrality Adjustment.--The
Secretary shall not make a one-time prospective adjustment to the LTCH
prospective payment system rates under section 412.523(d)(3) of title
42, Code of Federal Regulations, or otherwise conduct any budget
neutrality adjustment to address such rates, during the transition
period specified in section 412.533 of such title from cost-based
payment to the prospective payment system for LTCHs.
(c) No Application of 25 Percent Patient Threshold Payment
Adjustment to Freestanding LTCHs.--The Secretary shall not extend the
25 percent (or applicable percentage) patient threshold payment
adjustment under section 412.534 of title 42, Code of Federal
Regulations, or any similar provision, to freestanding LTCHs.

SEC. 6. RELIEF FOR CERTAIN LONG-TERM CARE HOSPITALS AND SATELLITE
FACILITIES THAT ARE CO-LOCATED WITH OTHER HOSPITALS.

(a) Urban Single and MSA Dominant Hospitals.--The Secretary shall
permit up to 75 percent of the discharged Medicare impatient population
of an applicable hospital to be admitted from a co-located urban single
or co-located MSA dominant hospital (as defined in section
412.534(e)(4) of title 42, Code of Federal Regulations) without
adjustment to the hospital's LTCH prospective payment system payment in
the manner described in section 412.534(e) of such title.
(b) Rural Hospitals.--The Secretary shall permit up to 75 percent
of the discharged Medicare impatient population of an applicable
hospital which is located in a rural area (as defined in section
412.64(b)(1)(ii)(C) of title 42, Code of Federal Regulations) to be
admitted from a co-located hospital without adjustment to the
hospital's LTCH prospective payment system payment in the manner
described in section 412.534(d) of such title.
(c) Applicable Long-Term Care Hospital Defined.--In this section,
the term ''applicable long-term care hospital'' means--
(1) a long-term care hospital that meets the criteria in
section 412.22(e) of title 42, Code of Federal Regulations; and
(2) a satellite facility of a long-term care hospital that
meet the criteria in section 412.22(h) of such title.
Solution:
Medicare Long-Term Care Hospital Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prescribe requirements for a long-term care hospital (LTCH) and patient criteria for prospective payment to an LTCH.

Directs the Secretary of Health and Human Services to: (1) determine a list of medical conditions associated with a high severity of illness of patients who are appropriate for treatment in long-term care hospitals, as indicated by the presence of clinical comorbidities in accordance with a methodology specified by the Secretary; and (2) study and report to Congress on appropriate quality measures for Medicare beneficiaries receiving care in LTCHs.

Directs the Secretary to choose three quality measures from the study for LTCHs to report.

Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to require annual updates of LTCH base rates and wage indices and the reweighting of LTCH-DRGs.

Prohibits the Secretary from extending application of the 25% (or applicable percentage) patient threshold payment adjustment to freestanding LTCHs.

Directs the Secretary to permit up to 75% of the discharged Medicare inpatient population: (1) of an applicable hospital to be admitted from a co-located urban single or co-located MSA dominant hospital without adjustment to the hospital's LTCH prospective payment system payment in a specified manner; and (2) of an applicable hospital located in a rural area to be admitted from a co-located hospital without such an adjustment, either.