[Congressional Record Volume 157, Number 74 (Thursday, May 26, 2011)]
[Senate]
[Page S3435]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOOZMAN (for himself and Mr. Pryor):
  S. 1101. A bill to require the Secretary of Health and Human Services 
to approve waives under the Medicaid Program under title XIX of the 
Social Security Act that are related to State provider taxes that 
exempt certain retirement communities; to the Committee on Finance.
  Mr. BOOZMAN. Mr. President, it has been brought to my attention that 
certain Continuing Care Retirement Communities and Life Care 
Communities are required to pay a provider tax despite the fact that 
they provide no beds and no services that are certified under the 
Medicaid program. Thus, these facilities are paying a tax and receiving 
no benefit. The Department of Health and Human Services currently 
provides a waiver for this fee, but the approval for the waiver is not 
a foregone conclusion. This is costly to those communities who provide 
for themselves and who do not depend on government programs at all. For 
these reasons, Senator Mark Pryor and I are introducing this 
legislation requiring the Secretary of Health and Human Services to 
approve waivers sought by states in relation to Continuing Care 
Retirement Communities and Life Care Communities which have no beds 
that are certified to provide medical assistance under title XIX of the 
Social Security Act or that do not provide services for which payment 
may be made under title XIX of the Social Security Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1101

       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 ``Provider Tax Administrative 
     Simplification Act of 2011''.

     SEC. 2. PROVIDER TAX RULE EXEMPTION FOR CERTAIN CONTINUING 
                   CARE RETIREMENT COMMUNITIES.

       In the case of a State that has a provider tax that does 
     not apply to continuing care retirement communities or life 
     care communities (as such terms are used for purposes of 
     section 1917(g) of the Social Security Act (42 U.S.C. 
     1396p(g)) that have no beds that are certified to provide 
     medical assistance (as such term is defined under section 
     1905(a) of such Act) under title XIX of the Social Security 
     Act or that do not provide services for which payment may be 
     made under title XIX of the Social Security Act, the 
     Secretary of Health and Human Services shall approve a waiver 
     under section 433.68(e)(2)(iii) of title 42 of the Code of 
     Federal Regulations regardless of whether the Secretary 
     determines that the State satisfies the requirements of 
     section 433.68(e)(2)(iii)(B) of such title.
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