[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1804 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1804

  To provide for the certification of certain rehabilitation units of 
    general acute care hospitals for purposes of payments under the 
   Medicare prospective payment system for rehabilitation hospitals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2007

Mr. Jefferson introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To provide for the certification of certain rehabilitation units of 
    general acute care hospitals for purposes of payments under the 
   Medicare prospective payment system for rehabilitation hospitals.

    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 ``Gulf States Medicare Rehabilitation 
Unit Access Act of 2007''.

SEC. 2. CERTIFICATION OF CERTAIN REHABILITATION UNITS OF GENERAL ACUTE 
              CARE HOSPITALS FOR PURPOSES OF MEDICARE PAYMENTS.

    (a) In General.--Notwithstanding any other provision of law, in the 
case of a Katrina-affected hospital described in subsection (b) that 
seeks a rehabilitation unit that is to be reopened (as described in 
subsection (b)(5)) to be treated as a rehabilitation unit (as referred 
to in the matter following clause (v) of section 1886(d)(1)(B) of the 
Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) for purposes of 
subsections (d) and (j) of section 1886 of the such Act (42 U.S.C. 
1395ww), such hospital may provide a written certification that the 
inpatient population the hospital intends the unit to serve meets the 
requirements of section 412.23(b)(2) of title 42 Code of Federal 
Regulations, instead of showing that the unit has treated such a 
population during the hospital's most recent cost reporting period in 
the same manner as a hospital that seeks exclusion of a new 
rehabilitation unit may provide such a certification under section 
412.30(b) of such title.
    (b) Katrina-Affected Hospital Described.--A Katrina-affected 
hospital described in this subsection is a subsection (d) hospital, as 
such term is defined in section 1886(d)(1)(B) of the Social Security 
Act (42 U.S.C. 1395ww (d)(1)(B)), that meets each of the following 
requirements:
            (1) Hurricane katrina emergency area.--The county (or 
        equivalent area) in which the hospital is located is an area 
        that--
                    (A) has been declared an emergency area in 
                accordance with section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170) as a result of Hurricane Katrina; and
                    (B) the President has determined, as of September 
                14, 2005, warrants individual or public assistance from 
                the Federal Government under such Act.
            (2) Not for profit status.--The hospital is exempt from 
        Federal income taxation in accordance with section 501(c)(3) of 
        the Internal Revenue Code of 1986.
            (3) Prior operation of rehabilitation unit.--The hospital 
        previously operated a rehabilitation unit (as referred to in 
        the matter following clause (v) of section 1886(d)(1)(B) of the 
        Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) but later 
        established a rehabilitation hospital (as defined for purposes 
        of section 1886(d)(1)(B)(ii) of such Act (42 U.S.C. 
        1395ww(d)(1)(B)(ii))), as of November 1, 2006, operated such 
        rehabilitation hospital within the same building occupied by 
        the hospital, and upon opening such rehabilitation hospital or 
        after opening such rehabilitation hospital, closed the 
        rehabilitation unit.
            (4) Same corporate entity.--The hospital and the 
        rehabilitation hospital described in subparagraph (3) are owned 
        by the same not for profit corporation.
            (5) Conversion of rehabilitation hospital to unit.--The 
        hospital seeks to reopen a rehabilitation unit described in 
        paragraph (3) that will operate as part of the hospital and 
        certifies in writing to the Secretary of Health and Human 
        Services that the hospital will close the rehabilitation 
        hospital described in such paragraph not later than one month 
        after the facility re-establishes the rehabilitation unit.
    (c) Effective Date.--The provisions of this section shall apply to 
reimbursements made for months beginning on or after the date of the 
enactment of this section.
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