I 112th CONGRESS 1st Session H. R. 1273 IN THE HOUSE OF REPRESENTATIVES March 30, 2011 Mr. Pierluisi (for himself, Mr. Andrews, Mr. Rangel, Mr. Serrano, Mr. Conyers, Mrs. Christensen, Mr. Grijalva, Ms. Roybal-Allard, Mrs. Napolitano, Mr. Faleomavaega, and Mr. Sablan) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to apply the additional Medicare HITECH payment provisions to hospitals in Puerto Rico.

1.

Short title

This Act may be cited as the Puerto Rico Hospital HITECH Amendments of 2011.

2.

Application of Medicare HITECH payments to hospitals in Puerto Rico

(a)

In general

Subsection (n)(6)(B) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by striking subsection (d) hospital and inserting hospital that is a subsection (d) hospital or a subsection (d) Puerto Rico hospital. (b)

Offsetting reduction

Subsection (n)(2) of such section is amended by adding at the end the following new subparagraph: (H)

Budget neutrality adjustment

The Secretary shall reduce the applicable amounts that would otherwise be determined under this subsection with respect to— (i)fiscal year 2012 by an amount that the Secretary estimates would ensure that estimated aggregate payments under this subsection for fiscal years 2011 and 2012 are not increased as a result of the amendment made by subsection (a) of section 2 of the Puerto Rico Hospital HITECH Amendments of 2011; or (ii)a succeeding fiscal year by an amount that the Secretary estimates would ensure that estimated aggregate payments under this subsection for such fiscal year are not increased as a result of the amendments made by subsections (a) and (c) of such section. . (c)

Conforming amendments

(1)Subsection (b)(3)(B)(ix) of such section is amended— (A)in subclause (I), by striking (n)(6)(A) and inserting (n)(6)(B); and (B)in subclause (II), by striking subsection (d) hospital and inserting an eligible hospital. (2)Paragraphs (2) and (4)(A) of section 1853(m) of the Social Security Act (42 U.S.C. 1395w–23(m)) are each amended by striking 1886(n)(6)(A) and inserting 1886(n)(6)(B). (d)

Implementation

Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by subsections (a), (b) and (c) by program instruction or otherwise. (e)

Effective date

The amendments made by this section shall apply as if included in the enactment of the American Recovery and Reinvestment Act of 2009 (Public Law 111–3).