S.Amdt. 407

SA 407. Mr. LAUTENBERG (for himself, Mr. Menendez, Mr. Dodd, Mr.
Kerry, Mr. Lieberman, and Mr. Kennedy) 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:

On page 698, after line 25, insert the following:

SEC. 4204A. CONTINUED APPLICATION OF BUDGET NEUTRALITY ON A
NATIONAL BASIS IN CALCULATION OF THE MEDICARE
URBAN HOSPITAL WAGE FLOOR.

(a) In General.--In the case of discharges occurring on or
after the date of the enactment of this Act, the Secretary of
Health and Human Services shall continue to administer
section 4410(b) of the Balanced Budget Act of 1997 (42 U.S.C.
1395ww note) and section 412.64(e) of title 42, Code of
Federal Regulations, in the same manner as the Secretary
administered such sections for discharges occurring during
fiscal year 2008 (through a uniform, national adjustment to
the area wage index).
(b) Hold Harmless for Fiscal Year 2009.--Notwithstanding
any other provision of law, in the case of discharges
occurring on or after the date of the enactment of this Act
and before October 1, 2009, if the application of subsection
(a) would otherwise result in the area wage index applicable
to a hospital under section 1886(d)(3)(E) of the Social
Security Act (42 U.S.C. 1395ww(d)(3)(E)) being reduced, the
area wage index for such hospital shall be the area wage
index for such hospital that was applicable to discharges
occurring on the day before the date of the enactment of this
Act.
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