[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6562 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6562

  To amend title XVIII of the Social Security Act to provide for the 
distribution of additional residency positions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2012

 Mr. Crowley introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to provide for the 
distribution of additional residency positions, and for other purposes.

    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 ``Resident Physician Shortage 
Reduction Act of 2012''.

SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.

    (a) In General.--Section 1886(h) of the Social Security Act (42 
U.S.C. 1395ww(h)) is amended--
            (1) in paragraph (4)(F)(i), by striking ``paragraphs (7) 
        and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
            (2) in paragraph (4)(H)(i), by striking ``paragraphs (7) 
        and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
            (3) in paragraph (7)(E), by inserting ``paragraph (9),'' 
        after ``paragraph (8),''; and
            (4) by adding at the end the following new paragraph:
            ``(9) Distribution of additional residency positions.--
                    ``(A) Additional residency positions.--
                            ``(i) In general.--For each of fiscal years 
                        2013 through 2017 (and succeeding fiscal years 
                        if the Secretary determines that there are 
                        additional residency positions available to 
                        distribute under clause (iv)(II)), the 
                        Secretary shall, subject to clause (ii) and 
                        subparagraph (D), increase the otherwise 
                        applicable resident limit for each qualifying 
                        hospital that submits a timely application 
                        under this subparagraph by such number as the 
                        Secretary may approve for portions of cost 
                        reporting periods occurring on or after July 1 
                        of the fiscal year of the increase.
                            ``(ii) Number available for distribution.--
                        For each such fiscal year, the Secretary shall 
                        determine the total number of additional 
                        residency positions available for distribution 
                        under clause (i) in accordance with the 
                        following:
                                    ``(I) Allocation to hospitals 
                                already operating over resident 
                                limit.--One-third of such number shall 
                                be available for distribution only to 
                                hospitals described in subparagraph 
                                (B).
                                    ``(II) Aggregate limitation.--
                                Except as provided in clause (iv)(I), 
                                the aggregate number of increases in 
                                the otherwise applicable resident limit 
                                under this subparagraph shall be equal 
                                to 3,000 in each such year.
                            ``(iii) Process for distributing 
                        positions.--
                                    ``(I) Rounds of applications.--The 
                                Secretary shall initiate 5 separate 
                                rounds of applications for an increase 
                                under clause (i), 1 round with respect 
                                to each of fiscal years 2013 through 
                                2017.
                                    ``(II) Number available.--In each 
                                of such rounds, the aggregate number of 
                                positions available for distribution in 
                                the fiscal year under clause (ii) shall 
                                be distributed, plus any additional 
                                positions available under clause (iv).
                                    ``(III) Timing.--The Secretary 
                                shall notify hospitals of the number of 
                                positions distributed to the hospital 
                                under this paragraph as a result of an 
                                increase in the otherwise applicable 
                                resident limit by January 1 of the 
                                fiscal year of the increase. Such 
                                increase shall be effective for 
                                portions of cost reporting periods 
                                beginning on or after July 1 of that 
                                fiscal year.
                            ``(iv) Positions not distributed during the 
                        fiscal year.--
                                    ``(I) In general.--If the number of 
                                resident full-time equivalent positions 
                                distributed under this paragraph in a 
                                fiscal year is less than the aggregate 
                                number of positions available for 
                                distribution in the fiscal year (as 
                                described in clause (ii), including 
                                after application of this subclause), 
                                the difference between such number 
                                distributed and such number available 
                                for distribution shall be added to the 
                                aggregate number of positions available 
                                for distribution in the following 
                                fiscal year.
                                    ``(II) Exception if positions not 
                                distributed by end of fiscal year 
                                2017.--If the aggregate number of 
                                positions distributed under this 
                                paragraph during the 5-year period of 
                                fiscal years 2013 through 2017 is less 
                                than 15,000, the Secretary shall, in 
                                accordance with the provisions of 
                                clause (ii) and subparagraph (D) and 
                                the considerations and priority 
                                described in subparagraph (C), conduct 
                                an application and distribution process 
                                in each subsequent fiscal year until 
                                such time as the aggregate amount of 
                                positions distributed under this 
                                paragraph is equal to 15,000.
                    ``(B) Allocation of distribution for positions to 
                hospitals already operating over resident limit.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), in the case of a hospital in which 
                        the reference resident level of the hospital 
                        (as specified in subparagraph (G)(iii)) is 
                        greater than the otherwise applicable resident 
                        limit, the increase in the otherwise applicable 
                        resident limit under subparagraph (A) for a 
                        fiscal year described in such subparagraph 
                        shall be an amount equal to the product of the 
                        total number of additional residency positions 
                        available for distribution under subparagraph 
                        (A)(ii)(I) for such fiscal year and the 
                        quotient of--
                                    ``(I) the number of resident 
                                positions by which the reference 
                                resident level of the hospital exceeds 
                                the otherwise applicable resident limit 
                                for the hospital; and
                                    ``(II) the number of resident 
                                positions by which the reference 
                                resident level of all such hospitals 
                                with respect to which an application is 
                                approved under this paragraph exceeds 
                                the otherwise applicable resident limit 
                                for such hospitals.
                            ``(ii) Requirements.--A hospital described 
                        in clause (i)--
                                    ``(I) is not eligible for an 
                                increase in the otherwise applicable 
                                resident limit under this subparagraph 
                                unless the amount by which the 
                                reference resident level of the 
                                hospital exceeds the otherwise 
                                applicable resident limit is not less 
                                than 10 and the hospital trains at 
                                least 25 percent of the full-time 
                                equivalent residents of the hospital in 
                                primary care and general surgery (as of 
                                the date of enactment of this 
                                paragraph); and
                                    ``(II) shall continue to train at 
                                least 25 percent of the full-time 
                                equivalent residents of the hospital in 
                                primary care and general surgery for 
                                the 5-year period beginning on such 
                                date.
                        In the case where the Secretary determines that 
                        a hospital described in clause (i) no longer 
                        meets the requirement of subclause (II), the 
                        Secretary may reduce the otherwise applicable 
                        resident limit of the hospital by the amount by 
                        which such limit was increased under this 
                        subparagraph.
                            ``(iii) Clarification regarding eligibility 
                        for other additional residency positions.--
                        Nothing in this subparagraph shall be construed 
                        as preventing a hospital described in clause 
                        (i) from applying for and receiving additional 
                        residency positions under this paragraph that 
                        are not reserved for distribution under this 
                        subparagraph.
                    ``(C) Distribution of other positions.--For 
                purposes of determining an increase in the otherwise 
                applicable resident limit under subparagraph (A) (other 
                than such an increase described in subparagraph (B)), 
                the following shall apply:
                            ``(i) Considerations in distribution.--In 
                        determining for which hospitals such an 
                        increase is provided under subparagraph (A), 
                        the Secretary shall take into account the 
                        demonstrated likelihood of the hospital filling 
                        the positions made available under this 
                        paragraph within the first 5 cost reporting 
                        periods beginning after the date the increase 
                        would be effective, as determined by the 
                        Secretary.
                            ``(ii) Priority for certain hospitals.--
                        Subject to clause (iii), in determining for 
                        which hospitals such an increase is provided, 
                        the Secretary shall distribute the increase in 
                        the following priority order:
                                    ``(I) First, to hospitals in States 
                                with (aa) new medical schools that 
                                received `Candidate School' status from 
                                the Liaison Committee on Medical 
                                Education or that received `Pre-
                                Accreditation' status from the American 
                                Osteopathic Association Commission on 
                                Osteopathic College Accreditation on or 
                                after January 1, 2000, and that have 
                                achieved or continue to progress toward 
                                `Full Accreditation' status (as such 
                                term is defined by the Liaison 
                                Committee on Medical Education) or 
                                toward `Accreditation' status (as such 
                                term is defined by the American 
                                Osteopathic Association Commission on 
                                Osteopathic College Accreditation), or 
                                (bb) additional locations and branch 
                                campuses established on or after 
                                January 1, 2000, by medical schools 
                                with `Full Accreditation' status (as 
                                such term is defined by the Liaison 
                                Committee on Medical Education) or 
                                `Accreditation' status (as such term is 
                                defined by the American Osteopathic 
                                Association Commission on Osteopathic 
                                College Accreditation).
                                    ``(II) Second, to hospitals that 
                                emphasize training in community health 
                                center or community-based settings or 
                                in hospital outpatient departments.
                                    ``(III) Third, to hospitals that 
                                are eligible for incentive payments 
                                under section 1886(n) or 1903(t) as of 
                                the date the hospital submits an 
                                application for such increase under 
                                subparagraph (A).
                                    ``(IV) Fourth, to all other 
                                hospitals.
                            ``(iii) Distribution to hospitals in higher 
                        priority group prior to distribution in lower 
                        priority groups.--The Secretary may only 
                        distribute such an increase to a lower priority 
                        group under clause (ii) if all qualifying 
                        hospitals in the higher priority group or 
                        groups have received the maximum number of 
                        increases under such subparagraph that the 
                        hospital is eligible for under this paragraph 
                        for the fiscal year.
                            ``(iv) Requirements for use of additional 
                        positions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a hospital that 
                                receives such an increase shall ensure, 
                                during the 5-year period beginning on 
                                the effective date of such increase, 
                                that--
                                            ``(aa) not less than 50 
                                        percent of the positions 
                                        attributable to such increase 
                                        that are used in a given year 
                                        during such 5-year period are 
                                        used to train full-time 
                                        equivalent residents in a 
                                        shortage specialty residency 
                                        program (as defined in 
                                        subparagraph (G)(v)), as 
                                        determined by the Secretary at 
                                        the end of such 5-year period;
                                            ``(bb) the total number of 
                                        full-time equivalent residents, 
                                        excluding any additional 
                                        positions attributable to such 
                                        increase, is not less than the 
                                        average number of full-time 
                                        equivalent residents during the 
                                        3 most recent cost reporting 
                                        periods ending on or before the 
                                        effective date of such 
                                        increase; and
                                            ``(cc) the ratio of full-
                                        time equivalent residents in a 
                                        shortage specialty residency 
                                        program (as so defined) is not 
                                        less than the average ratio of 
                                        full-time equivalent residents 
                                        in such a program during the 3 
                                        most recent cost reporting 
                                        periods ending on or before the 
                                        effective date of such 
                                        increase.
                                    ``(II) Redistribution of positions 
                                if hospital no longer meets certain 
                                requirements.--With respect to each 
                                fiscal year described in subparagraph 
                                (A), the Secretary shall determine 
                                whether or not a hospital described in 
                                subclause (I) meets the requirements of 
                                such subclause. In the case that the 
                                Secretary determines that such a 
                                hospital does not meet such 
                                requirements, the Secretary shall--
                                            ``(aa) reduce the otherwise 
                                        applicable resident limit of 
                                        the hospital by the amount by 
                                        which such limit was increased 
                                        under this paragraph; and
                                            ``(bb) provide for the 
                                        distribution of positions 
                                        attributable to such reduction 
                                        in accordance with the 
                                        requirements of this paragraph.
                    ``(D) Limitation.--A hospital may not receive more 
                than 75 full-time equivalent additional residency 
                positions under this paragraph for any fiscal year.
                    ``(E) Application of per resident amounts for 
                primary care and nonprimary care.--With respect to 
                additional residency positions in a hospital 
                attributable to the increase provided under this 
                paragraph, the approved FTE per resident amounts are 
                deemed to be equal to the hospital per resident amounts 
                for primary care and nonprimary care computed under 
                paragraph (2)(D) for that hospital.
                    ``(F) Permitting facilities to apply aggregation 
                rules.--The Secretary shall permit hospitals receiving 
                additional residency positions attributable to the 
                increase provided under this paragraph to, beginning in 
                the fifth year after the effective date of such 
                increase, apply such positions to the limitation amount 
                under paragraph (4)(F) that may be aggregated pursuant 
                to paragraph (4)(H) among members of the same 
                affiliated group.
                    ``(G) Definitions.--In this paragraph:
                            ``(i) Otherwise applicable resident 
                        limit.--The term `otherwise applicable resident 
                        limit' means, with respect to a hospital, the 
                        limit otherwise applicable under subparagraphs 
                        (F)(i) and (H) of paragraph (4) on the resident 
                        level for the hospital determined without 
                        regard to this paragraph but taking into 
                        account paragraphs (7)(A), (7)(B), (8)(A), and 
                        (8)(B).
                            ``(ii) Reference resident level.--Except as 
                        otherwise provided in subclause (II), the term 
                        `reference resident level' means, with respect 
                        to a hospital, the resident level for the most 
                        recent cost reporting period of the hospital 
                        ending on or before the date of enactment of 
                        this paragraph, for which a cost report has 
                        been settled (or, if not, submitted (subject to 
                        audit)), as determined by the Secretary.
                            ``(iii) Resident level.--The term `resident 
                        level' has the meaning given such term in 
                        paragraph (7)(C)(i).
                            ``(iv) Shortage specialty residency 
                        program.--The term `shortage specialty 
                        residency program' means the following:
                                    ``(I) Prior to report on shortage 
                                specialties.--Prior to the date on 
                                which the report of the National Health 
                                Care Workforce Commission is submitted 
                                under section 3 of the Resident 
                                Physician Shortage Reduction Act of 
                                2012, any approved residency training 
                                program in a specialty identified in 
                                the report entitled `The Physician 
                                Workforce: Projections and Research 
                                into Current Issues Affecting Supply 
                                and Demand', issued in December 2008 by 
                                the Health Resources and Services 
                                Administration, as a specialty whose 
                                baseline physician requirements 
                                projections exceed the projected supply 
                                of total active physicians for the 
                                period of 2005 through 2020.
                                    ``(II) After report on shortage 
                                specialities.--On or after the date on 
                                which the report of the National Health 
                                Care Workforce Commission is submitted 
                                under such section, any approved 
                                residency training program in a 
                                physician specialty identified in such 
                                report as a specialty for which there 
                                is a shortage.''.
    (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42 
U.S.C. 1395ww(d)(5)(B)) is amended--
            (1) in clause (v), in the second sentence, by striking 
        ``subsections (h)(7) and (h)(8)'' and inserting ``subsections 
        (h)(7), (h)(8), and (h)(9)'';
            (2) by redesignating clause (x), as added by section 
        5505(b) of the Patient Protection and Affordable Care Act 
        (Public Law 111-148), as clause (xi) and moving such clause 4 
        ems to the left; and
            (3) by adding after clause (xi), as redesignated by 
        subparagraph (A), the following new clause:
                            ``(xii) For discharges occurring on or 
                        after July 1, 2013, insofar as an additional 
                        payment amount under this subparagraph is 
                        attributable to resident positions distributed 
                        to a hospital under subsection (h)(9), the 
                        indirect teaching adjustment factor shall be 
                        computed in the same manner as provided under 
                        clause (ii) with respect to such resident 
                        positions.''.

SEC. 3. STUDY AND REPORT BY NATIONAL HEALTH CARE WORKFORCE COMMISSION.

    (a) Study.--The National Health Care Workforce Commission 
established under section 5101 of the Patient Protection and Affordable 
Care Act (Public Law 111-148) shall conduct a study of the physician 
workforce. Such study shall include the identification of physician 
specialties for which there is a shortage, as defined by the 
Commission.
    (b) Report.--Not later than January 1, 2014, the National Health 
Care Workforce Commission shall submit to Congress a report on the 
study conducted under subsection (a), together with recommendations for 
such legislation and administrative action as the Commission determines 
appropriate.

SEC. 4. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY.

    (a) Study.--The Comptroller General of the United States (in this 
section referred to as the ``Comptroller General'') shall conduct a 
study on strategies for increasing the diversity of the health 
professional workforce. Such study shall include an analysis of 
strategies for increasing the number of health professionals from 
rural, lower income, and underrepresented minority communities, 
including which strategies are most effective for achieving such goal.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the study conducted under subsection (a), together with recommendations 
for such legislation and administrative action as the Comptroller 
General determines appropriate.
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