[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2753 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2753

 To delay the implementation of new Medicare hospital geographic wage 
   reclassification criteria until the Secretary of Health and Human 
     Services issues a proposal to revise the hospital wage index 
      classification system that addresses certain considerations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2009

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

_______________________________________________________________________

                                 A BILL


 
 To delay the implementation of new Medicare hospital geographic wage 
   reclassification criteria until the Secretary of Health and Human 
     Services issues a proposal to revise the hospital wage index 
      classification system that addresses certain considerations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NO APPLICATION OF REVISED MEDICARE AVERAGE HOURLY WAGE 
              COMPARISON RECLASSIFICATION CRITERIA.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Health and Human Services (in this section referred to as 
the ``Secretary'') shall not apply, during the period described in 
subsection (b), the changes contained in the final rule published on 
August 19, 2008, on pages 48,434 through 49,083 of volume 73, Federal 
Register, to the average hourly wage comparison reclassification 
criteria described in sections 412.230(d)(1)(iv), 412.232(c), and 
412.234(b) of title 42, Code of Federal Regulations, to a subsection 
(d) hospital (as defined for purposes of section 1886 of the Social 
Security Act (42 U.S.C. 1395ww)) seeking reclassification of its wage 
index for purposes of such section during such period.
    (b) Suspension Period.--The period described in this subsection 
begins on October 1, 2008, and ends on the first day of the first 
fiscal year that begins 1 year after the Secretary has published in the 
Federal Register a proposal (or proposals) that considers the matters 
described in subparagraphs (A) through (I) of section 106(b)(2) of 
division B of the Tax Relief and Health Care Act of 2006 (Public Law 
109-432).
    (c) Effect on Reclassification Decisions.--Notwithstanding any 
other provision of law, in the case of a decision made by the Medicare 
Geographic Classification Review Board under section 1886(d)(10) of the 
Social Security Act (42 U.S.C. 1395ww(d)(10)), during the period 
described in subsection (b), denying an application by a subsection (d) 
hospital (as so defined) for reclassification of its wage index for 
purposes of such section during such period on the basis of the changes 
contained in the final rule published on August 19, 2008, on pages 
48,434 through 49,083 of volume 73, Federal Register, to the average 
hourly wage comparison reclassification criteria described in sections 
412.230(d)(1)(iv), 412.232(c), and 412.234(b) of title 42, Code of 
Federal Regulations, the Board shall reissue the decision as if such 
changes were not in effect.
    (d) Clarification Regarding Application of Budget Neutrality.--The 
Secretary shall, in accordance with paragraph (8)(D) of section 1886(d) 
of the Social Security Act (42 U.S.C. 1395ww(d)), make a proportional 
adjustment in the standardized amounts determined under paragraph (3) 
of such section for a fiscal year to assure that the provisions of this 
section do not result in aggregate payments under such section 1886(d) 
that are greater or less than those that would otherwise be made during 
the fiscal year.
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