I 112th CONGRESS 1st Session H. R. 3212 IN THE HOUSE OF REPRESENTATIVES October 14, 2011 Mr. Thornberry (for himself, Mr. Donnelly of Indiana, and Mr. Ross of Arkansas) 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 restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals under the Medicare program.

1.

Short title

This Act may be cited as the CAH Designation Waiver Authority Act of 2011.

2.

Restoring State Authority to Waive the 35-mile rule for Medicare Critical Access Hospital designations

Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i–4(c)(2)) is amended— (1)in subparagraph (B)(i)(II), by inserting or, subject to subparagraph (F), on or after the date of enactment of the CAH Designation Waiver Authority Act of 2011 after January 1, 2006,; and (2)by adding at the end the following new subparagraph: (F)

Limitations for certain new designations

A State may not use the authority under subparagraph (B)(i)(II) to designate a facility as a critical access hospital on or after the date of enactment of the CAH Designation Waiver Authority Act of 2011 unless each of the following requirements is met: (i)As of the date of the enactment of the CAH Designation Waiver Authority Act of 2011, the facility was assigned a Medicare provider number as an acute inpatient hospital. (ii)The Secretary determines that such designation would not result in the total number of facilities that have been designated as critical access hospitals in all States on or after the date of enactment of the CAH Designation Waiver Authority Act of 2011 using the authority under subparagraph (B)(i)(II) being greater than a number equal to 10 percent of the total number of acute inpatient hospitals that were designated as critical access hospitals in all States as of March 31, 2011. .