[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2834 Enrolled Bill (ENR)]

        S.2834

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two


                                 An Act


 
 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 ``Dr. Joanne Smith Memorial 
Rehabilitation Innovation Centers Act of 2022''.
SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVATION CENTERS UNDER 
MEDICARE.
    (a) In General.--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 18 months 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 (v)), is a 
            rehabilitation facility described in clause (iv).
                ``(iv) Rehabilitation facility described.--

                    ``(I) In general.--Subject to subclause (II), a 
                rehabilitation facility described in this clause is a 
                rehabilitation facility that--

                        ``(aa) is classified as a rehabilitation 
                    facility under the IRF Rate Setting File for the 
                    Inpatient Rehabilitation Facility Prospective 
                    Payment System for Federal Fiscal Year 2019 (83 
                    Fed. Reg. 38514), or any successor regulations that 
                    contain such information;
                        ``(bb) holds at least one Federal 
                    rehabilitation research and training designation 
                    for research projects on traumatic brain injury or 
                    spinal cord injury 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;
                        ``(cc) submits to the Secretary a description 
                    of the clinical research enterprise of the facility 
                    and a summary of research activities of the 
                    facility that are supported by Federal agencies;
                        ``(dd) has a minimum Medicare estimated average 
                    weight per discharge of 1.20 for the most recent 
                    fiscal year for which such information is available 
                    according to the IRF Rate Setting File described in 
                    item (aa), or any successor regulations that 
                    contain such information; and
                        ``(ee) has a minimum teaching status of 0.075 
                    for the most recent fiscal year for which such 
                    information is available according to the IRF Rate 
                    Setting File described in item (aa), or any 
                    successor regulations that contain such 
                    information.

                    ``(II) Waiver.--The Secretary may, as determined 
                appropriate, waive any of the requirements under items 
                (aa) through (ee) of subclause (I).

                ``(v) Applicable date defined.--For purposes of clauses 
            (iii) and (iv), 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 one year prior to the 
                date of such publication.

                ``(vi) Implementation.--Notwithstanding any other 
            provision of law the Secretary may implement clauses (ii) 
            through (v) by program instruction or otherwise.
                ``(vii) Nonapplication of paperwork reduction act.--
            Chapter 35 of title 44, United States Code, shall not apply 
            to data collected under clauses (ii) through (v).''.
    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Secretary of Health and Human Services--
        (1) shall submit to Congress a report containing any 
    recommendations on action as the Secretary determines appropriate 
    to preserve access to rehabilitation innovation centers (as defined 
    in section 1886(j)(7)(E)(iii) of the Social Security Act, as added 
    by subsection (a)); and
        (2) may, in the report described in paragraph (1), as permitted 
    by law, disseminate research, best practices, and other clinical 
    information identified or developed by such rehabilitation 
    innovation centers, as determined appropriate by the Secretary.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.