1.Continuation of sole
community hospital treatment for certain hospitals
(a)Section 1886(d)(5)(B)
of the Social Security Act (1395ww(d)(5)(B)) is amended by adding at the end
the following new clause:
(vi)If a hospital (in this clause referred to
as the new hospital
) begins operations on or after January 1,
2010, within 35 road miles of a hospital, that, as of the date of the new
hospital beginning operations, is a sole community hospital (in this clause
referred to as the existing hospital
), the existing hospital
shall continue to be treated as a sole community hospital if—
(I)the new hospital is privately owned or
operated as a for-profit entity; and
(II)a portion of the new hospital’s
ownership is attributable to
physicians.
.
(b)The amendment made by subsection (a) shall apply to
hospitals for cost reporting periods beginning on or after January 1,
2010.