[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2386 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2386

  To amend title XVIII of the Social Security Act to provide special 
   treatment of certain cancer hospitals under the Medicare Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to provide special 
   treatment of certain cancer 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. SPECIAL TREATMENT OF CANCER HOSPITALS UNDER THE MEDICARE 
              PROGRAM.

    (a) In General.--Section 1886(d)(1)(B) of the Social Security Act 
(42 U.S.C. 1395ww(d)(1)(B)) is amended--
            (1) by striking ``or'' at the end of clause (iv);
            (2) by striking the semicolon at the end of clause (v) and 
        inserting ``, or''; and
            (3) by inserting after clause (v) the following new clause:
            ``(vi) a hospital that--
                    ``(I) is located in a State which ranks (according 
                to the National Cancer Institute's statistics published 
                in May of 2005) among the top ten States in the 
                incidence of non-Hodgkins lymphoma, ovarian cancer, 
                thyroid cancer, and cervical cancer and among the top 
                ten States with the highest death rate for breast 
                cancer and uterine cancer;
                    ``(II) is located in a State that as of December 
                31, 2006, had only one center under section 414 of the 
                Public Health Service Act that has been designated by 
                the National Cancer Institute as a comprehensive center 
                currently serving all 21 counties in the most densely 
                populated State in the nation (U.S. Census estimate for 
                2005: 8,717,925 persons; 1,134.5 persons per square 
                mile), serving more than 70,000 patient visits 
                annually;
                    ``(III) as of December 31, 2006, served as the 
                teaching and clinical care, research and training 
                hospital for the Center described in subclause (II), 
                providing significant financial and operational support 
                to such Center;
                    ``(IV) as of December 31, 2006, served as a core 
                and essential element in such Center which conducts 
                more than 130 clinical trial activities, national 
                cooperative group studies, investigator-initiated and 
                peer review studies and has received as of 2005 at 
                least $93,000,000 in research grant awards;
                    ``(V) as of December 31, 2006, can demonstrate that 
                it has been a unique and an integral component of such 
                Center since such Center's inception;
                    ``(VI) as of December 31, 2006, includes dedicated 
                patient care units organized primarily for the 
                treatment of and research on cancer with approximately 
                125 beds, 75 percent of which are dedicated to cancer 
                patients, and contains a radiation oncology department 
                as well as specialized emergency services for oncology 
                patients;
                    ``(VII) as of December 31, 2004, is identified as 
                the focus of the Center's inpatient activities in the 
                Center's application as a NCI-designated comprehensive 
                cancer center and shares the NCI comprehensive cancer 
                designation with the Center; and
                    ``(VIII) as of December 31, 2006, has been 
                recognized with a certificate of approval with 
                commendation by the American College of Surgeons 
                Commission on Cancer;''.
    (b) Conforming Amendment.--Section 1886(b)(3)(E) of such Act (42 
U.S.C. 1395ww(b)(3)(E)) is amended by striking ``clause (v)'' and 
inserting ``clauses (v) and (vi)''.
    (c) Effective Date; Payments.--
            (1) Application to cost reporting periods.--Any 
        classification by reason of section 1886(d)(1)(B)(vi) of the 
        Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(vi)), as 
        inserted by subsection (a), shall apply to cost reporting 
        periods beginning on or after January 1, 2006.
            (2) Base target amount.--Notwithstanding subsection 
        (b)(3)(E) of section 1886 of the Social Security Act (42 U.S.C. 
        1395ww), in the case of a hospital described in subsection 
        (d)(1)(B)(vi) of such section, as inserted by subsection (a)--
                    (A) the hospital shall be permitted to resubmit the 
                2006 Medicare 2552 cost report incorporating a cancer 
                hospital sub-provider number and to apply the Medicare 
                ratio-of-cost-to-charge settlement methodology for 
                outpatient cancer services; and
                    (B) the hospital's target amount under subsection 
                (b)(3)(E)(i) of such section for the first cost 
                reporting period beginning on or after January 1, 2006, 
                shall be the allowable operating costs of inpatient 
                hospital services (referred to in subclause (I) of such 
                subsection) for such first cost reporting period.
            (3) Deadline for payments.--Any payments owed to a hospital 
        as a result of this section for periods occurring before the 
        date of the enactment of this Act shall be made expeditiously, 
        but in no event later than 1 year after such date of enactment.
                                 <all>