[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9934-H9936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DR. JOANNE SMITH MEMORIAL REHABILITATION INNOVATION CENTERS ACT OF 2022

  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I move to suspend the 
rules and pass the bill (S. 2834) to amend title XVIII of the Social 
Security Act to preserve access to rehabilitation innovation centers 
under the Medicare program.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 2834

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Danny K. Davis) and the gentleman from Texas (Mr. Brady) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, S. 2834 is named in honor and memory of the departed 
former president and CEO, Dr. Joanne Smith, of Shirley Ryan AbilityLab, 
who died last year on September 6.
  She was a visionary and transformative figure in the field of 
physical medicine and rehabilitation by shifting the focus from 
rehabilitation to the outcome of ability. It means the capacity to 
transcend beyond one's physical setbacks and circumstances in 
recovering and to live a healthy and meaningful life.
  Dr. Smith was a compassionate doctor, loving wife, and wonderful 
mother. She was the driving force behind the development, building, and 
implementation of the Shirley Ryan AbilityLab that opened in my 
district in 2017.
  Dr. Smith stood on the shoulders of the late Dr. Henry Betts and his 
legacy at the Rehabilitation Institute of Chicago, which was before the 
name change to Shirley Ryan AbilityLab. He was a tireless advocate for 
the rights of people with disabilities and served as medical director 
and CEO of the rehabilitation institute for many years.
  People come from all over the world to be seen by our expert staff 
and researchers to receive cutting-edge technology from the hospital's 
medical discoveries. This facility was ranked number one in 
rehabilitation by U.S. News & World Report for the 31st year in a row. 
What a hospital.
  In the United States, there are nearly 1,200 inpatient rehabilitation 
facilities. As we know, many of these institutions are small and are 
driving the

[[Page H9935]]

future of rehabilitation medicine and patient recovery. This unique 
category of comprehensive rehab hospitals treats the most complex 
conditions, such as traumatic brain injury, stroke, spinal cord injury, 
childhood disease, burns, and wartime injuries. They treat veterans, 
the elderly, the disabled, victims of violence, and children with birth 
defects.
  In addition, they conduct research that drives the entire industry 
and take on a greater share of training of the next generation of 
clinicians. These unique facilities are advancing the practice and 
standards of rehabilitation across the field of medicine and helping to 
disseminate best practices throughout the country.
  For years, I have worked with colleagues in both parties and in both 
Chambers to support, study, and share the wonders of these leading 
rehab hospitals. They provide hope to countless patients and their 
families.
  S. 2834 is the companion bill to H.R. 9271, which received bipartisan 
and bicameral support. This legislation, which I am honored to partner 
on with Representatives Jan Schakowsky and Darin LaHood from Illinois, 
recently passed the Senate on a bipartisan voice vote, and it was led 
by my friend Senator Durbin and Senator Cassidy, Republican of 
Louisiana.
  I am pleased that we are considering it today. S. 2834 would direct 
CMS to study this class of rehab hospitals and provide recommendations 
on how to preserve patient access to these leading facilities. This 
will help share best practices, promote new research, and improve 
patient care across the entire medical field.
  Mr. Speaker, I encourage all of my colleagues to vote for S. 2834, 
and I reserve the balance of my time.

                              {time}  1515

  Mr. BRADY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am proud to join today with Chairman Davis to speak in 
support of H.R. 9271, the Dr. Joanne Smith Memorial Rehabilitation 
Innovation Centers Act.
  This bill is important. It will create a standard to publicly 
recognize industry-leading facilities through the distinction of being 
a rehabilitation innovation center. These exceptional facilities are 
truly at the cutting edge of treatment.
  They are leaders in innovation--researching, developing, and applying 
new medical breakthroughs and technologies that can then be spread to 
patients and facilities across the Nation and the world.
  I have seen firsthand the amazing positive impact of these premier 
institutions. I am proud that The Institute for Rehabilitation and 
Research, TIRR as we call it, Memorial Hermann, is located in Houston, 
Texas, serving patients in my district, in this country, and around the 
world.
  I have had the privilege to visit TIRR Memorial Hermann to see 
firsthand how their patients benefit from life-changing care, 
particularly for patients who have suffered traumatic brain and spinal 
cord injuries.
  The patients arriving at TIRR are often recovering from very 
medically complex injuries that really alter the course of their life. 
TIRR provides patients with a full team of specialized caregivers and 
physicians to ensure that each patient receives the very best plan of 
care for their injury, so they are able to return to their communities.
  This incredible work and constant effort to research and develop new 
and innovative treatments for their patients has resulted in 
breakthroughs that have benefited patients not just in Houston but 
around the globe. Today I will share just two of the thousands of 
stories that highlight the life-changing impact TIRR has made for 
patients.
  When our former colleague here in the House, Congresswoman Gabby 
Giffords, was horrifically attacked at point-blank range and 
miraculously stabilized from her critical condition, she was 
transferred to TIRR Memorial Hermann for her recovery. On that long 
road to recovery, TIRR's expert physicians, nurses, and therapists 
worked together with Gabby designing the right combination of intensive 
therapies and treatments. At TIRR, they still talk about Gabby's 
motivation, her focus, and positive approach that she showed throughout 
her remarkable recovery.
  Corporal Nick Tullier was one of six Baton Rouge police officers shot 
during a 2016 ambush attack. Doctors told Nick's family he wouldn't 
survive 24 hours, but for nearly 6 years, he defied all odds after 
being treated at TIRR Memorial Hermann. He passed away a hero in May of 
this year.
  I am immensely proud to have this amazing work happening in my home 
region of Houston. In my district and hometown, we are fortunate enough 
to host some of the TIRR patients at Memorial Hermann, the Woodlands 
Medical Center. I am honored to have had the opportunity to visit with 
the patients, nurses, doctors, and caregivers who are proudly part of 
the incredible work of TIRR Memorial Hermann. I commend them, as you 
do, for their incredible life-changing work.
  I would also like to commend my friend and fellow member of the Ways 
and Means Committee, Congressman Darin LaHood for his leadership in 
shepherding this bill to the floor. He unfortunately couldn't be here 
today, but on behalf of both of us and the Ways and Means Committee, I 
would urge everyone to vote ``yes'' on this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I yield such time as she 
may consume to the gentlewoman from Illinois (Ms. Schakowsky), one of 
the authors of this legislation and my dear friend and delightful 
colleague.
  Ms. SCHAKOWSKY. Mr. Speaker, I thank my dear friend and colleague 
from Illinois,   Danny Davis, for giving me the opportunity to speak in 
support of the Joanne Smith Rehabilitation Innovation Center.
  I also offer a big thank you to Senator Durbin, who was the chief 
sponsor of the legislation in the United States Senate and to finally 
bring this to fruition.
  This bill will recognize rehabilitation research facilities in 
conducting not only research but treating patients based on the 
research that is found. It includes the Shirley Ryan AbilityLab in 
Chicago, which is also in Congressman Davis' district. This lab goes 
above and beyond to treat complex medical cases across the country. 
From traumatic brain injuries to third-degree burns, patients benefit 
from this work.
  This bill ensures that cutting-edge research and best practices are 
shared across the country.
  This bill honors Dr. Joanne Smith, who is the former president and 
CEO of the Shirley Ryan AbilityLab. As Congressman Davis pointed out, 
she sadly died of cancer last year, but Dr. Smith devoted her entire 
career to helping patients. It is fitting that we honor her legacy with 
this legislation, and I certainly appreciate the bipartisan support, 
and I urge all my colleagues to vote ``yes.''
  Mr. BRADY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Louisiana (Mr. Graves).
  Mr. GRAVES of Louisiana. Mr. Speaker, I thank the gentleman from 
Texas for yielding, and I thank the bill's sponsors.
  Mr. Brady recently, in his speech, mentioned Nick Tullier, the 
officer from Baton Rouge, Louisiana, that was shot, and everyone 
expected Officer Tullier to be dead, for him to expire within hours of 
being shot. He took incredible shots to the chest and to the head. I 
will say it again, every physician I spoke to said he wasn't going to 
make it.
  James Tullier and Mary Tullier, his parents, were remarkable parents 
in that every single day they sat by his side. TIRR Memorial Hermann 
Hospital, where Nick Tullier was for close to 6 years, did a remarkable 
job in ensuring that he would be able to live and would be able to 
sustain for many years.
  Mr. Speaker, had it not been for the work of the hospital, the 
amazing innovation there, there is no question in my mind that those 5 
or nearly 6 years that Nick Tullier was able to spend with his family, 
able to enjoy the company of his parents wouldn't have happened.
  Mr. Speaker, I join my friend Mr. Brady, and others, in supporting 
this legislation and recognizing the incredible work of these 
innovation centers. I urge adoption of the legislation.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I reserve the balance of 
my time.

[[Page H9936]]

  

  Mr. BRADY. Mr. Speaker, I yield myself the balance of my time.
  I thank Congressman Graves for being here today and telling that 
story again about this outstanding man and his family and the care he 
got. I join with Dr. Davis. I applaud the sponsors of this bill. I urge 
all Members of this body to support this important piece of 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, as I prepare to close, 
this may be the last time that I have an opportunity to be on the floor 
with former Chairman Brady, Ranking Member Brady, and I just want to 
say to him that it has been a pleasure working with him and observing 
his leadership on the Ways and Means Committee. Hopefully, the wind 
will always be at his back and the Sun will shine warmly upon his face.
  Having a bill that is going to help continue to provide that kind of 
research--having this legislation on the floor here today, I was 
reminiscing a bit with myself of some of the many wonderful 
opportunities to have dialogue with Dr. Henry Betts, who was a guru in 
rehabilitation medicine, as was Dr. Smith. Dr. Betts and I often used 
to ride on the airplane together, coming from Chicago to Washington for 
whatever, and he was the most passionate man, most creative.
  On a personal note, my former office manager and secretary had a 
stroke, and she was out for more than a year, but she went to the 
Rehabilitation Institute, came back, worked until she retired, is now 
living a very meaningful life as a retired person having all of her 
facilities.
  The Rehabilitation Institute did that. Rehabilitation medicine did 
that.
  Mr. Speaker, I urge passage of this bill, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Danny K. Davis) that the House suspend the 
rules and pass the bill, S. 2834.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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