II 111th CONGRESS 1st Session S. 716 IN THE SENATE OF THE UNITED STATES March 26, 2009 Ms. Stabenow (for herself and Mr. Levin) 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 care for ventilator-dependent patients.

1.

Preserving care for ventilator-dependent patients

(a)

In general

Section 1886(d)(5)(F)(vi) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)(vi)) is amended, in the flush matter following subclause (II), by adding at the end the following: “In the case of a hospital which provides acute care services to ventilator-dependent patients who are entitled to benefits under part A and are eligible for medical assistance under a State plan approved under title XIX, the Secretary shall not exclude from the numerator in subclause (II) for such period any patient days of such ventilator-dependent patients unless such patient days are included in the numerator in subclause (I).” (b)

Effective date

The amendment made by this section shall take effect as if included in and effective upon the enactment of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106–554).