S 1242112th CONGRESS
To provide for
the treatment of certain hospitals under the Medicare program.
THE SENATE OF THE UNITED STATES
June 21 (legislative
day, June 16), 2011
Mr. ROCKEFELLER (for himself and Mr. MANCHIN)
introduced the following bill; which was read twice and referred to the Committee
To provide for the
treatment of certain hospitals under the Medicare program.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Fair Competition for Hospitals Act of 2011'.
2. TREATMENT OF CERTAIN HOSPITALS.
(1) IN GENERAL- Notwithstanding any other provision of law, effective for discharges
occurring on or after October 1, 2011, for purposes of making payments under section
1886(d) of the Social Security Act (42 U.S.C. 1395ww) to a hospital described
in paragraph (2), the wage index that applies to such hospital under such section
shall be the highest wage index assigned to hospitals in the core-based statistical
area in which the hospital is located (regardless of which State the hospital
is located in) as a result of the application of section 4410(a) of the Balanced
Budget Act of 1997 (42 U.S.C. 1395ww note).
DESCRIBED- A hospital described in this paragraph is a hospital--
(A) that is located in a core-based statistical area which is comprised of counties
from more than 1 State;
(B) that is not located
in a core-based statistical area in which 1 or more hospitals are subject to the
minimum wage index under paragraph (h)(4) of section 412.64 of title 42, Code
of Federal Regulations; and
(C) that is not
located in a core-based statistical area in which the highest wage index described
in paragraph (1) applies to hospitals described in such paragraph under a State
reimbursement system under section 1814(b)(3) or 1886(c) of the Social Security
Act (42 U.S.C. 1395f(b)(3); 1395ww(c)).
(b) Rules- Any
increase in the wage index of a hospital as a result of the application of subsection
(a) shall be treated as the result of a decision of the Medicare Geographic Classification
Review Board under paragraph (10) of section 1886(d) of the Social Security Act
(42 U.S.C. 1395ww(d)) and subject to budget neutrality under paragraph (8)(D)
of such section.