[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1218 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1218
To amend title XVIII of the Social Security Act to preserve access to
urban Medicare-dependent hospitals.
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IN THE SENATE OF THE UNITED STATES
June 9, 2009
Mr. Menendez (for himself and Mr. Lautenberg) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to preserve access to
urban Medicare-dependent hospitals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Medicare-Dependent Hospitals
Preservation Act of 2009''.
SEC. 2. CRITERIA AND PAYMENT FOR CERTAIN URBAN MEDICARE-DEPENDENT
HOSPITALS.
(a) In General.--Section 1886(d)(5) of the Social Security Act (42
U.S.C. 1395ww(d)(5)) is amended by adding at the end the following new
subparagraph:
``(M)(i) For cost reporting periods beginning on or
after October 1, 2009, in the case of a subsection (d)
hospital which is an urban Medicare-dependent hospital,
payment under paragraph (1)(A) shall be equal to the
sum of the amount determined under clause (ii) and the
amount determined under paragraph (1)(A)(iii).
``(ii) The amount determined under this clause is,
for discharges occurring during the cost reporting
period that begins on or after October 1, 2009, and any
subsequent cost reporting period, 75 percent of the
amount by which the hospital's target amount for the
cost reporting period (as defined in subsection
(b)(3)(L)) exceeds the amount determined under
paragraph (1)(A)(iii).
``(iii) The term `urban Medicare-dependent
hospital' means, with respect to any cost reporting
period to which clause (i) applies, any hospital--
``(I) located in an urban area;
``(II) that does not receive payment--
``(aa) under subparagraph (C) as a
rural referral center;
``(bb) under subparagraph (D) as a
sole community hospital;
``(cc) under subparagraph (B) or
under subsection (h); or
``(dd) under subparagraph (F);
``(III) that is not a physician-owned
hospital, as defined in section 489.3 of title
42, Code of Federal Regulations (as in effect
as of the date of the enactment of this
subparagraph); and
``(IV) for which not less than 60 percent
of its inpatient days or discharges during the
cost reporting period beginning in fiscal year
2006, or two of the three most recently audited
cost reporting periods for which the Secretary
has a settled cost report, were attributable to
inpatients entitled to benefits under part
A.''.
(b) Target Payment Amount.--Section 1886(b)(3) of such Act (42
U.S.C. 1395ww(b)(3)) is amended--
(1) in subparagraph (B)(iv), by striking ``and (D)'' and
inserting ``, (D), and (M)''; and
(2) by adding at the end the following new subparagraph:
``(M) For cost reporting periods occurring on or
after October 1, 2009, in the case of a hospital that
is an urban Medicare-dependent hospital (as defined in
subsection (d)(5)(M)), the term `target amount' means--
``(i) with respect to the first 12-month
cost reporting period in which this
subparagraph is applied to the hospital, the
allowable operating costs of inpatient hospital
services (as defined in subsection (a)(4))
recognized under this title for the hospital
for the 12-month cost reporting period
beginning during fiscal year 2002 or 2006
(whichever results in a higher target amount),
increased by the applicable percentage increase
under subparagraph (B)(iv) for each of fiscal
years 2003 through 2009 or 2007 through 2009,
respectively; and
``(ii) with respect to discharges occurring
after the first 12-month cost reporting period
in which this subparagraph is applied to the
hospital, the target amount for the preceding
year increased by the applicable percentage
increase under subparagraph (B)(iv).''.
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