110 HR 1804 IH: Gulf States Medicare Rehabilitation Unit Access Act of U.S. House of Representatives 2007-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1804 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.

1.

Short title

This Act may be cited as the Gulf States Medicare Rehabilitation Unit Access Act of 2007.

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.