[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3146 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 30 (legislative day, September 29), 2003.
Resolved, That the bill from the House of Representatives (H.R.
3146) entitled ``An Act to extend the Temporary Assistance for Needy
Families block grant program, and certain tax and trade programs, and
for other purposes'', do pass with the following
AMENDMENT:
Page 10, after line 16, insert:
SEC. 402. EXTENSION OF PROVISION EQUALIZING URBAN AND RURAL
STANDARDIZED MEDICARE INPATIENT HOSPITAL PAYMENTS.
(a) In General.--Paragraphs (1) and (2) of section 402(b) of the
Miscellaneous Appropriations Act, 2003 (Public Law 108-7; 117 Stat.
548) are each amended by striking ``September 30, 2003'' and inserting
``March 31, 2004''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) shall take effect as if included in the
enactment of the Miscellaneous Appropriations Act, 2003.
(2) Authority to delay implementation.--
(A) In general.--If the Secretary of Health and
Human Services (in this subsection referred to as the
``Secretary'') determines that it is not
administratively feasible to implement the amendments
made by subsection (a), notwithstanding such amendments
and in order to comply with Congressional intent, the
Secretary may delay the implementation of such
amendments until such time as the Secretary determines
to be appropriate, but in no case later than November
1, 2003.
(B) Temporary adjustment for remainder of fiscal
year 2004 to effect full rate change.--If the Secretary
delays implementation of the amendments made by
subsection (a) under subparagraph (A), the Secretary
shall make such adjustment to the amount of payments
affected by such delay, for the portion of fiscal year
2004 after the date of the delayed implementation, in
such manner as the Secretary estimates will ensure that
the total payments for inpatient hospital services so
affected with respect to such fiscal year is the same
as would have been made if this paragraph had not been
enacted.
(C) No effect on payments for subsequent payment
periods.--The application of subparagraphs (A) and (B)
shall not affect payment rates and shall not be taken
into account in calculating payment amounts for
services furnished for periods after September 30,
2004.
(D) Administration of provisions.--
(i) No rulemaking or notice required.--The
Secretary may carry out the authority under
this paragraph by program memorandum or
otherwise and is not required to prescribe
regulations or to provide notice in the Federal
Register in order to carry out such authority.
(ii) Limitation on review.--There shall be
no administrative or judicial review under
section 1869 or 1878 of the Social Security Act
(42 U.S.C. 1395ff and 1395oo), or otherwise of
any delay or determination made by the
Secretary under this paragraph or the
application of the payment rates determined
under this paragraph.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 3146
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AMENDMENT