[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)]
[Senate]
[Pages S7076-S7077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6509. Mr. CARDIN (for Mr. Durbin (for himself and Mr. Cassidy)) 
proposed an amendment to the bill S. 2834, to amend title XVIII of the 
Social Security Act to preserve access to rehabilitation innovation 
centers under the Medicare program; as follows:

        Strike all after the enacting clause and insert the 
     following:

     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--

[[Page S7077]]

       (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.
                                 ______