S.Amdt. 4981

1. Adds SEC. ___. TREATMENT OF CERTAIN CANCER HOSPITALS wherever appropriate

   Adds a section

   Inserted: SEC. ___. TREATMENT OF CERTAIN CANCER HOSPITALS.

   Inserted: (a) In General.--Section 1886(d)(1) of the Social Security Act (42 U.S.C. 1395ww(d)(1)) is amended--

   Inserted: (1) in subparagraph (B)(v)--

   Inserted: (A) by striking "or" at the end of subclause (II); and

   Inserted: (B) by adding at the end the following:

   Inserted: "(IV) a hospital that is a nonprofit corporation, the sole member of which is affiliated with a university that has been the recipient of a cancer center support grant from the National Cancer Institute of the National Institutes of Health, and which sole member (or its predecessors or such university) was recognized as a comprehensive cancer center by the National Cancer Institute of the National Institutes of Health as of April 20, 1983, if the hospital's articles of incorporation specify that at least 50 percent of its total discharges have a principal finding of neoplastic disease (as defined in subparagraph (E)) and if, of December 31, 2005, the hospital was licensed for less than 150 acute care beds, or

   Inserted: "(V) a hospital (aa) that the Secretary has determined to be, at any time on or before December 31, 2011, a hospital involved extensively in treatment for, or research on, cancer, (bb) that is (as of the date of such determination) a free-standing facility, (cc)(aaa) for which the hospital's predecessor provider entity was University Hospitals of Cleveland with medicare provider number 36-0137, or (bbb) received the designation on June 10, 2003, as the official cancer institute of its State;";

   Inserted: (2) in subparagraph (B), by inserting after clause (v) the following new clause:

   Inserted: "(vi) a hospital that--

   Inserted: "(I) is located in a State that as of December 31, 2006, had only one center under section 414 of the Public Health Service Act that has been designated by the National Cancer Institute as a comprehensive center currently serving all 21 counties in the most densely populated State in the nation (U.S. Census estimate for 2005: 8,717,925 persons; 1,134.5 persons per square mile), serving more than 70,000 patient visits annually;

   Inserted: "(II) as of December 31, 2006, served as the teaching and clinical care, research and training hospital for the Center described in subclause (II), providing significant financial and operational support to such Center;

   Inserted: "(III) as of December 31, 2006, served as a core and essential element in such Center which conducts more than 130 clinical trial activities, national cooperative group studies, investigator-initiated and peer review studies and has received as of 2005 at least $93,000,000 in research grant awards;

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   Inserted: "(IV) as of December 31, 2006, includes dedicated patient care units organized primarily for the treatment of and research on cancer with approximately 125 beds, 75 percent of which are dedicated to cancer patients, and contains a radiation oncology department as well as specialized emergency services for oncology patients; and

   Inserted: "(V) as of December 31, 2004, is identified as the focus of the Center's inpatient activities in the Center's application as a NCI-designated comprehensive cancer center and shares the NCI comprehensive cancer designation with the Center;"; and

   Inserted: (3) in subparagraph (E)--

   Inserted: (A) by striking "subclauses (II) and (III)" and inserting "subclauses (II), (III), and (IV)"; and

   Inserted: (B) by inserting "and subparagraph (B)(vi)" after "subparagraph (B)(v)".

   Inserted: (b) Effective Dates; Payments.--

   Inserted: (1) Application to cost reporting periods.--

   Inserted: (A) Any classification by reason of section 1886(d)(1)(B)(vi) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(vi)), as inserted by subsection (a), shall apply to cost reporting periods beginning on or after January 1, 2006.

   Inserted: (B) The provisions of section 1886(d)(1)(B)(v)(IV) of the Social Security Act, as added by subsection (a), shall take effect on January 1, 2008.

   Inserted: (2) Base target amount.--Notwithstanding subsection (b)(3)(E) of section 1886 of the Social Security Act (42 U.S.C. 1395ww), in the case of a hospital described in subsection (d)(1)(B)(vi) of such section, as inserted by subsection (a)--

   Inserted: (A) the hospital shall be permitted to resubmit the 2006 Medicare 2552 cost report incorporating a cancer hospital sub-provider number and to apply the Medicare ratio-of-cost-to-charge settlement methodology for outpatient cancer services; and

   Inserted: (B) the hospital's target amount under subsection (b)(3)(E)(i) of such section for the first cost reporting period beginning on or after January 1, 2006, shall be the allowable operating costs of inpatient hospital services (referred to in subclause (I) of such subsection) for such first cost reporting period.

   Inserted: (3) Deadline for payments.--Any payments owed to a hospital as a result of this subsection for periods occurring before the date of the enactment of this Act shall be made expeditiously, but in no event later than 1 year after such date of enactment.

   Inserted: (c) Application to Certain Hospitals.--

   Inserted: (1) Inapplicability of certain requirements.--The provisions of section 412.22(e) of title 42, Code of Federal Regulations, shall not apply to a hospital described in section 1886(d)(1)(B)(v)(V) of the Social Security Act, as added by subsection (a).

   Inserted: (2) Application to cost reporting periods.--If the Secretary makes a determination that a hospital is described in section 1886(d)(1)(B)(v)(V) of the Social Security Act, as added by subsection (a), such determination shall apply as of the first cost reporting period beginning on or after the date of such determination.

   Inserted: (3) Base period.--Notwithstanding the provisions of section 1886(b)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(E)) or any other provision of law, the base cost reporting period for purposes of determining the target amount for any hospital for which a determination described in paragraph (2) has been made shall be the first full 12-month cost reporting period beginning on or after the date of such determination.

   Inserted: (4) Rule.--A hospital described in subclause (V) of section 1886(b)(1)(B)(v) of the Social Security Act, as added by subsection (a), shall not qualify as a hospital described in such subclause for any cost reporting period in which less than 50 percent of its total discharges have a principal finding of neoplastic disease. With respect to the first cost reporting period for which a determination described in paragraph (2) has been made, the Secretary shall accept a self-certification by the hospital, which shall be applicable to such first cost reporting period, that the hospital intends to have total discharges during such first cost reporting period of which 50 percent or more have a principal finding of neoplastic disease.

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   Original wording

   At the appropriate place, insert the following:

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As printed