[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