[117th Congress Public Law 341]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6179]]
Public Law 117-341
117th Congress
An Act
To amend title XVIII of the Social Security Act to preserve access to
rehabilitation innovation centers under the Medicare
program. <<NOTE: Jan. 5, 2023 - [S. 2834]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Dr. Joanne Smith
Memorial Rehabilitation Innovation Centers Act of 2022.>>
SECTION 1. <<NOTE: 42 USC 1305 note.>> 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.-- <<NOTE: Effective
date. Public information. Web
posting. Lists. Updates.>> 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;
[[Page 136 STAT. 6180]]
``(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) <<NOTE: Recommenda- tions.>> 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
[[Page 136 STAT. 6181]]
(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.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 2834:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 8, considered and passed Senate.
Dec. 21, considered and passed House.
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