1.This Act may be cited as the
Fair Competition for Hospitals Act of
2011
.
2.Treatment of
certain hospitals
(a)
(1)Notwithstanding any other provision of law, effective for
discharges occurring on or after October 1, 2011, for purposes of making
payments under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww) to
a hospital described in paragraph (2), the wage index that applies to such
hospital under such section shall be the highest wage index assigned to
hospitals in the core-based statistical area in which the hospital is located
(regardless of which State the hospital is located in) as a result of the
application of section 4410(a) of the Balanced Budget Act of 1997 (42 U.S.C.
1395ww note).
(2)A hospital
described in this paragraph is a hospital—
(A)that is located in
a core-based statistical area which is comprised of counties from more than 1
State;
(B)that is not
located in a core-based statistical area in which 1 or more hospitals are
subject to the minimum wage index under paragraph (h)(4) of section 412.64 of
title 42, Code of Federal Regulations; and
(C)that is not located in a core-based
statistical area in which the highest wage index described in paragraph (1)
applies to hospitals described in such paragraph under a State reimbursement
system under section 1814(b)(3) or 1886(c) of the Social Security Act (42
U.S.C. 1395f(b)(3); 1395ww(c)).
(b)Any
increase in the wage index of a hospital as a result of the application of
subsection (a) shall be treated as the result of a decision of the Medicare
Geographic Classification Review Board under paragraph (10) of section 1886(d)
of the Social Security Act (42 U.S.C. 1395ww(d)) and subject to budget
neutrality under paragraph (8)(D) of such section.