110 HR 7219 IH: Protecting Hospital Outpatient and U.S. House of Representatives 2008-09-29 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 2d Session H. R. 7219 IN THE HOUSE OF REPRESENTATIVES September 29, 2008 Mr. McHugh (for himself, Mr. Arcuri, Mr. Kuhl of New York, Mr. Walsh of New York, Mrs. Lowey, Mr. Allen, Mr. Hinchey, Mrs. Gillibrand, Mrs. Maloney of New York, and Mr. Towns) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To impose a moratorium on the implementation of a Medicaid regulation related to the outpatient clinic and hospital facility services definition and upper payment limit.

1.

Short title

This Act may be cited as the Protecting Hospital Outpatient and Community Clinic Services Act of 2008.

2.

Moratorium on regulation related to outpatient clinic and hospital facility services definition and upper payment limit

(a)

In general

Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not take, before April 1, 2009, any action (including promulgation of regulation, issuance of regulatory guidance, use of Federal payment audit procedures, or other administrative action, policy, or practice, including a Medical Assistance Manual transmittal or letter to State Medicaid directors) to impose any restrictions relating to the provision described in subsection (b) if such restrictions are more restrictive in any aspect than those that applied to the subject matter of the provision as of September 27, 2007. (b)

Proposed regulation relating to redefinition of medicaid outpatient hospital services

The provision described in this subsection is the proposed regulation relating to clarification of outpatient clinic and hospital facility services definition and upper payment limit under the Medicaid program published on September 28, 2007 (72 Federal Register 55158) in its entirety.