[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)]
[Senate]
[Page S7083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DR. JOANNE SMITH MEMORIAL REHABILITATION INNOVATION CENTERS ACT OF 2021
Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee
on Finance be discharged from further consideration of S. 2834 and the
Senate proceed to its immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2834) to amend title XVIII of the Social
Security Act to preserve access to rehabilitation innovation
centers under the Medicare program.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Mr. CARDIN. Mr. President, I further ask that the Durbin-Cassidy
substitute at the desk be considered and agreed to and that the bill,
as amended, be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 6509) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute)
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--
(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.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. CARDIN. Mr. President, I know of no further debate on the bill,
as amended.
The PRESIDING OFFICER. Is there further debate on the bill, as
amended?
The bill having been read the third time, the question is, Shall the
bill, as amended, pass?
The bill (S. 2834), as amended, was passed.
Mr. CARDIN. Mr. President, I ask that the motion to reconsider be
considered made and laid upon the table with no intervening action or
debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
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