[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2834 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2834

 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

                           September 23, 2021

Mr. Durbin (for himself, Mr. Cassidy, and Ms. Duckworth) 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 ``Dr. Joanne Smith Memorial 
Rehabilitation Innovation Centers Act of 2021''.

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 
                        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. In carrying out the 
                        activities under this clause, the Secretary 
                        shall disseminate research, best practices, and 
                        other clinical information identified or 
                        developed by such rehabilitation innovation 
                        centers to, as appropriate, Federal agencies, 
                        hospitals, health professional organizations, 
                        and national and State accreditation bodies.
                            ``(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.--
                        A rehabilitation facility described in this 
                        clause is a rehabilitation facility that--
                                    ``(I) 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;
                                    ``(II) holds, as of the applicable 
                                date 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;
                                    ``(III) 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;
                                    ``(IV) has a minimum Medicare 
                                estimated 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 subclause (I), or any 
                                successor regulations that contain such 
                                information; and
                                    ``(V) 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 subclause 
                                (I), or any successor regulations that 
                                contain such information.
                            ``(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 March 15, 2022, the Secretary of Health 
and Human Services shall submit to Congress a report containing any 
recommendations for such legislation or administrative 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)).
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