[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2204 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2204

 To amend title XVIII of the Social Security Act to preserve access to 
     rehabilitation innovation centers under the Medicare program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2017

Mr. Cassidy (for himself and Mr. Durbin) 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 access to 
     rehabilitation innovation centers under the Medicare program.

    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 ``Preserving Rehabilitation Innovation 
Centers Act of 2017''.

SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVATION CENTERS UNDER 
              MEDICARE.

    Section 1886(j)(7)(E) of the Social Security Act (42 U.S.C. 
1395ww(j)(7)(E)) is amended--
            (1) by striking ``Public availability of data submitted.--
        The'' and inserting ``Public availability of data submitted.--
                            ``(i) In general.--The''; and
            (2) by inserting after clause (i), as redesignated by 
        paragraph (1), the following new clauses:
                            ``(ii) Public recognition of rehabilitation 
                        innovation centers.--Not later than one year 
                        after the date of the enactment of this clause, 
                        the Secretary shall make publicly available on 
                        such Internet website, in addition to the 
                        information required to be reported on such 
                        website under clause (i), a list of all 
                        rehabilitation innovation centers.
                            ``(iii) Rehabilitation innovation centers 
                        defined.--For purposes of clause (ii), the term 
                        `rehabilitation innovation centers' means a 
                        rehabilitation facility that, as of the date of 
                        the enactment of this clause, is a 
                        rehabilitation facility described in either 
                        clause (iv) or (v).
                            ``(iv) Not-for-profit.--A rehabilitation 
                        facility described in this clause is a 
                        rehabilitation facility that--
                                    ``(I) is classified as a not-for-
                                profit entity under the IRF Rate 
                                Setting File for the Inpatient 
                                Rehabilitation Facility Prospective 
                                Payment System for Federal Fiscal Year 
                                2016 (80 Fed. Reg. 47142);
                                    ``(II) holds at least one Federal 
                                rehabilitation research and training 
                                designation for research projects on 
                                traumatic brain injury, spinal cord 
                                injury, or stroke rehabilitation 
                                research from the National Institute on 
                                Disability, Independent Living, and 
                                Rehabilitation Research at the 
                                Department of Health and Human 
                                Services, based on such data submitted 
                                to the Secretary by a facility, in a 
                                form, manner, and time frame specified 
                                by the Secretary;
                                    ``(III) has a minimum Medicare 
                                estimated weight per discharge of 
                                1.1144 for fiscal year 2016 according 
                                to the IRF Rate Setting File described 
                                in subclause (I); and
                                    ``(IV) is determined by the 
                                Secretary, based upon such data 
                                submitted by the facility to the 
                                Secretary as the Secretary may require, 
                                to have had at least 300 Medicare 
                                discharges in a year.
                            ``(v) Government-owned.--A rehabilitation 
                        facility described in this clause is a 
                        rehabilitation facility that--
                                    ``(I) is classified as a 
                                Government-owned institution under the 
                                IRF Rate Setting File described in 
                                clause (iv)(I);
                                    ``(II) holds at least one Federal 
                                rehabilitation research and training 
                                designation for research projects on 
                                traumatic brain injury, spinal cord 
                                injury, or stroke rehabilitation 
                                research from the National Institute on 
                                Disability, Independent Living, and 
                                Rehabilitation Research at the 
                                Department of Health and Human 
                                Services, as determined based on such 
                                data submitted to the Secretary by the 
                                facility as the Secretary may require 
                                (and in a form, manner, and time frame 
                                specified by the Secretary);
                                    ``(III) has a minimum Medicare 
                                estimated weight per discharge of 
                                1.1144 according to the IRF Rate 
                                Setting File described in clause 
                                (iv)(I); and
                                    ``(IV) has a Medicare 
                                disproportionate share hospital (DSH) 
                                percentage of at least 0.6300 according 
                                to the IRF Rate Setting File described 
                                in clause (iv)(I).
                            ``(vi) Implementation.--Notwithstanding any 
                        other provision of law the Secretary may 
                        implement clauses (ii) through (v) by program 
                        instructions or otherwise.
                            ``(vii) Nonapplication of paperwork 
                        reduction act.--Chapter 35 of title 44, United 
                        States Code, shall not apply to data collected 
                        under this clause.
                            ``(viii) Study.--Not later than 18 months 
                        after the date of the enactment of this clause, 
                        the Medicare Payment Advisory Commission 
                        established under section 1805 shall submit to 
                        Congress a report analyzing the most recent 
                        three years of cost report data available for 
                        all rehabilitation innovation centers (as 
                        defined in clause (ii)) and assess the payment 
                        adequacy for such innovation centers under the 
                        Medicare program.''.
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