[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 594 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 594

 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

                           February 28, 2019

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 2019''.

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.--Beginning 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, and shall 
                        update such list on such website not less 
                        frequently than biennially.
                            ``(iii) Rehabilitation innovation centers 
                        defined.--For purposes of clause (ii), the term 
                        `rehabilitation innovation centers' means a 
                        rehabilitation facility that, as of the 
                        applicable date (as defined in clause (vi)), 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. 47036), or any 
                                successor regulations that contain such 
                                information;
                                    ``(II) holds, as of the applicable 
                                date 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 the most recent fiscal year 
                                for which such information is available 
                                according to the IRF Rate Setting File 
                                described in subclause (I), or any 
                                successor regulations that contain such 
                                information; and
                                    ``(IV) is determined by the 
                                Secretary based upon such data 
                                submitted to the Secretary by the 
                                facility with respect to the most 
                                recent year for which such information 
                                is available 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), or any successor 
                                regulations that contain such 
                                information;
                                    ``(II) holds, as of the applicable 
                                date, 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 for the most recent fiscal year 
                                for which such information is available 
                                according to the IRF Rate Setting File 
                                described in clause (iv)(I), or any 
                                successor regulations that contain such 
                                information; and
                                    ``(IV) has a Medicare 
                                disproportionate share hospital (DSH) 
                                percentage of at least 0.6300 for the 
                                most recent fiscal year for which such 
                                information is available according to 
                                the IRF Rate Setting File described in 
                                clause (iv)(I), or any successor 
                                regulations that contain such 
                                information.
                            ``(vi) Applicable date defined.--For 
                        purposes of clauses (iii), (iv), and (v), the 
                        term `applicable date' means--
                                    ``(I) with respect to the initial 
                                publication of a list under clause 
                                (ii), the date of the enactment of such 
                                clause; and
                                    ``(II) with respect to the 
                                publication of an updated list under 
                                clause (ii), a date specified by the 
                                Secretary that is not more than 1 year 
                                prior to the date of such publication.
                            ``(vii) Implementation.--Notwithstanding 
                        any other provision of law the Secretary may 
                        implement clauses (ii) through (vi) by program 
                        instruction or otherwise.
                            ``(viii) Nonapplication of paperwork 
                        reduction act.--Chapter 35 of title 44, United 
                        States Code, shall not apply to data collected 
                        under clauses (ii) through (v).
                            ``(ix) Study and report.--Not later than 
                        March 15, 2021, and as determined necessary by 
                        the Medicare Payment Advisory Commission as 
                        part of subsequent annual reports under section 
                        1805(b)(1)(C), the Commission 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 adequacy 
                        of payments to such innovation centers for 
                        inpatient rehabilitation services under this 
                        title. Any report submitted under the preceding 
                        sentence shall include recommendations for such 
                        legislation and administrative action as the 
                        Commission determines appropriate.''.
                                 <all>