[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1177 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1177

 To amend title XVIII of the Social Security Act to extend and improve 
  protections for sole community hospitals under the Medicare Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2007

Mr. Tanner (for himself and Mr. Graves) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
      to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to extend and improve 
  protections for sole community hospitals under the Medicare Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sole Community Hospital Preservation 
Act of 2007''.

SEC. 2. PERMANENT HOLD HARMLESS FOR SOLE COMMUNITY HOSPITALS UNDER THE 
              PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT 
              DEPARTMENT SERVICES UNDER THE MEDICARE PROGRAM.

    Section 1833(t)(7)(D) of the Social Security Act (42 U.S.C. 
1395l(t)(7)(D)) is amended by adding at the end the following new 
clause:
                            ``(iii) Permanent hold harmless for sole 
                        community hospitals.--In the case of a sole 
                        community hospital (as defined in section 
                        1886(d)(5)(D)(iii)), for covered OPD services 
                        furnished after December 31, 2007, for which 
                        the PPS amount is less than the pre-BBA amount, 
                        the amount of payment under this subsection 
                        shall be increased by the amount of such 
                        difference.''.

SEC. 3. REBASING FOR SOLE COMMUNITY HOSPITALS.

    (a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security 
Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the 
following new subparagraph:
    ``(L)(i) For cost reporting periods beginning on or after October 
1, 2007, in the case of a sole community hospital there shall be 
substituted for the amount otherwise determined under subsection 
(d)(5)(D)(i) of this section, if such substitution results in a greater 
amount of payment under this section for the hospital--
            ``(I) with respect to discharges occurring in fiscal year 
        2008, 75 percent of the subsection (d)(5)(D)(i) amount (as 
        described in subparagraph (I)(i)(I)) and 25 percent of the 
        subparagraph (L) rebased target amount (as defined in clause 
        (ii));
            ``(II) with respect to discharges occurring in fiscal year 
        2009, 50 percent of the subsection (d)(5)(D)(i) amount and 50 
        percent of the subparagraph (L) rebased target amount;
            ``(III) with respect to discharges occurring in fiscal year 
        2010, 25 percent of the subsection (d)(5)(D)(i) amount and 75 
        percent of the subparagraph (L) rebased target amount; and
            ``(IV) with respect to discharges occurring after fiscal 
        year 2010, 100 percent of the subparagraph (L) rebased target 
        amount.
    ``(ii) For purposes of this subparagraph, the `subparagraph (L) 
rebased target amount' has the meaning given the term `target amount' 
in subparagraph (C), except that--
            ``(I) there shall be substituted for the base cost 
        reporting period the 12-month cost reporting period beginning 
        during fiscal year 2000 or 2001, whichever results in the 
        greater amount of payment under this section for the hospital;
            ``(II) any reference in subparagraph (C)(i) to the `first 
        cost reporting period' described in such subparagraph is deemed 
        a reference to the first cost reporting period beginning on or 
        after October 1, 2007; and
            ``(III) the applicable percentage increase shall only be 
        applied under subparagraph (C)(iv) for discharges occurring in 
        fiscal years beginning with fiscal year 2008.''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subparagraph (C), in the matter preceding clause 
        (i), by striking ``subparagraph (I)'' and inserting 
        ``subparagraphs (I) and (L)''; and
            (2) in subparagraph (I)(i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``For'' and inserting ``Subject to 
                subparagraph (L), for''; and
                    (B) in subclause (I), by inserting ``and 
                subparagraph (L)'' after ``referred to in this 
                clause''.
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