I 111th CONGRESS 1st Session H. R. 2753 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.

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.