[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.