S.Amdt. 3357

SA 3357. Mr. DODD (for himself, Ms. Stabenow, Mr. Levin, and Mr.
Lieberman) submitted an amendment intended to be proposed to amendment
SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the
Internal Revenue Code of 1986 to extend certain expiring provisions,
and for other purposes; which was ordered to lie on the table; as
follows:

Strike section 223 and insert the following:

SEC. 223. EXTENSION OF SECTION 508 HOSPITAL
RECLASSIFICATIONS.

(a) In General.--Subsection (a) of section 106 of division
B of the Tax Relief and Health Care Act of 2006 (42 U.S.C.
1395 note), as amended by section 117 of the Medicare,
Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-
173) and section 124 of the Medicare Improvements for
Patients and Providers Act of 2008 (Public Law 110-275), is
amended by striking ``September 30, 2009'' and inserting
``September 30, 2010''.
(b) Special Rule for Fiscal Year 2010.--
(1) In general.--Subject to paragraph (2), for purposes of
implementation of the amendment made by subsection (a),
including (notwithstanding paragraph (3) of section 117(a) of
the Medicare, Medicaid, and SCHIP Extension Act of 2007
(Public Law 110-173), as amended by section 124(b) of the
Medicare Improvements for Patients and Providers Act of 2008
(Public Law 110-275)) for purposes of the implementation of
paragraph (2) of such section 117(a), during fiscal year
2010, the Secretary of Health and Human Services (in this
subsection referred to as the ``Secretary'') shall use the
hospital wage index that was promulgated by the Secretary in
the Federal Register on August 27, 2009 (74 Fed. Reg. 43754),
and any subsequent corrections.
(2) Exception.--Beginning on April 1, 2010, in determining
the wage index applicable to hospitals that qualify for wage
index reclassification, the Secretary shall include the
average hourly wage data of hospitals whose reclassification
was extended pursuant to the amendment made by subsection (a)
only if including such data results in a higher applicable
reclassified wage index. Any revision to hospital wage
indexes made as a result of this paragraph shall not be
effected in a budget neutral manner.
(c) Adjustment for Certain Hospitals in Fiscal Year 2010.--
(1) In general.--In the case of a subsection (d) hospital
(as defined in subsection (d)(1)(B) of section 1886 of the
Social Security Act (42 U.S.C. 1395ww)) with respect to
which--
(A) a reclassification of its wage index for purposes of
such section was extended pursuant to the amendment made by
subsection (a); and
(B) the wage index applicable for such hospital for the
period beginning on October 1, 2009, and ending on March 31,
2010, was lower than for the period beginning on April 1,
2010, and ending on September 30, 2010, by reason of the
application of subsection (b)(2);

the Secretary shall pay such hospital an additional payment
that reflects the difference between the wage index for such
periods.

[[Page S970]]

(2) Timeframe for payments.--The Secretary shall make
payments required under paragraph (1) by not later than
December 31, 2010.

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