S.Amdt. 250

SA 250. Mrs. LINCOLN (for herself, Mr. Crapo, Mr. Wyden, Mr. Roberts,
and Mr. Pryor) submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of division B, insert the following:

TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 6001. NO APPLICATION OF REVISED AVERAGE HOURLY WAGE
COMPARISON RECLASSIFICATION CRITERIA.

(a) In General.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall not apply,
during the period described in subsection (b), the changes to
the average hourly wage comparison reclassification criteria
described in sections 412.230(d)(1)(iv), 412.232(c), and
412.234(b) of title 42, Code of Federal Regulations (as in
effect on October 1, 2008), or any similar provision, to a
subsection (d) hospital (as defined for purposes of section
1886 of the Social Security Act (42 U.S.C. 1395ww)) seeking
reclassification of its wage index for purposes of such
section during such period.
(b) Suspension Period.--The period described in this
subsection begins on October 1, 2008, and ends on the first
day of the first fiscal year that begins 1 year after the
Secretary has published in the Federal Register a proposal
(or proposals) that considers the matters described in
subparagraphs (A) through (I) of section 106(b)(2) of
division B of the Tax Relief and Health Care Act of 2006
(Public Law 109-432).
(c) Effect on Reclassification Decisions.--Notwithstanding
any other provision of law, in the case of a decision made by
the Medicare Geographic Classification Review Board under
section 1886(d)(10) of the Social Security Act (42 U.S.C.
1395ww(d)(10)), during the period described in subsection
(b), denying an application by a subsection (d) hospital (as
so defined) for reclassification of its wage index for
purposes of such section during such period on the basis of
the changes to the average hourly wage comparison
reclassification criteria described in sections
412.230(d)(1)(iv), 412.232(c) and 412.234(b) of title 42,
Code of Federal Regulations (as in effect on October 1,
2008), or any similar provision, the Board shall reissue the
decision as if such changes were not in effect.
(d) Implementation.--The Secretary shall make a
proportional adjustment in the standardized amounts
determined under section 1886(d)(3) of the Social Security
Act (42 U.S.C. 1395ww(d)(3)) for a fiscal year to assure that
the provisions of this section do not result in aggregate
payments under section 1886(d) (42 U.S.C. 1395ww(d)) that are
greater or less than those that would otherwise be made
during the fiscal year.
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