Preserving Rehabilitation Innovation Centers Act of 2019

II 116TH CONGRESS 1ST SESSION S. 594 To amend title XVIII of the Social Security Act to preserve access to rehabilitation innovation centers under the Medicare program. IN THE SENATE OF THE UNITED STATES FEBRUARY 28, 2019 Mr. CASSIDY (for himself and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to preserve access to rehabilitation innovation centers under the Medicare program. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preserving Rehabilita- 4 tion Innovation Centers Act of 2019’’. 5 SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVA- 6 TION CENTERS UNDER MEDICARE. 7 Section 1886(j)(7)(E) of the Social Security Act (42 8 U.S.C. 1395ww(j)(7)(E)) is amended— 9 VerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S594.IS S594 kjohnson on DSK79L0C42 with BILLS 2 •S 594 IS (1) by striking ‘‘PUBLIC AVAILABILITY OF DATA 1 SUBMITTED.—The’’ and inserting ‘‘PUBLIC AVAIL- 2 ABILITY OF DATA SUBMITTED.— 3 ‘‘(i) IN GENERAL.—The’’; and 4 (2) by inserting after clause (i), as redesignated 5 by paragraph (1), the following new clauses: 6 ‘‘(ii) PUBLIC RECOGNITION OF REHA- 7 BILITATION INNOVATION CENTERS.—Be- 8 ginning not later than one year after the 9 date of the enactment of this clause, the 10 Secretary shall make publicly available on 11 such Internet website, in addition to the 12 information required to be reported on 13 such website under clause (i), a list of all 14 rehabilitation innovation centers, and shall 15 update such list on such website not less 16 frequently than biennially. 17 ‘‘(iii) REHABILITATION INNOVATION 18 CENTERS DEFINED.—For purposes of 19 clause (ii), the term ‘rehabilitation innova- 20 tion centers’ means a rehabilitation facility 21 that, as of the applicable date (as defined 22 in clause (vi)), is a rehabilitation facility 23 described in either clause (iv) or (v). 24 VerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S594.IS S594 kjohnson on DSK79L0C42 with BILLS 3 •S 594 IS ‘‘(iv) NOT-FOR-PROFIT.—A rehabilita- 1 tion facility described in this clause is a re- 2 habilitation facility that— 3 ‘‘(I) is classified as a not-for- 4 profit entity under the IRF Rate Set- 5 ting File for the Inpatient Rehabilita- 6 tion Facility Prospective Payment 7 System for Federal Fiscal Year 2016 8 (80 Fed. Reg. 47036), or any suc- 9 cessor regulations that contain such 10 information; 11 ‘‘(II) holds, as of the applicable 12 date at least one Federal rehabilita- 13 tion research and training designation 14 for research projects on traumatic 15 brain injury, spinal cord injury, or 16 stroke rehabilitation research from the 17 National Institute on Disability, Inde- 18 pendent Living, and Rehabilitation 19 Research at the Department of 20 Health and Human Services, based on 21 such data submitted to the Secretary 22 by a facility, in a form, manner, and 23 time frame specified by the Secretary; 24 VerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S594.IS S594 kjohnson on DSK79L0C42 with BILLS 4 •S 594 IS ‘‘(III) has a minimum Medicare 1 estimated weight per discharge of 2 1.1144 for the most recent fiscal year 3 for which such information is avail- 4 able according to the IRF Rate Set- 5 ting File described in subclause (I), or 6 any successor regulations that contain 7 such information; and 8 ‘‘(IV) is determined by the Sec- 9 retary based upon such data sub- 10 mitted to the Secretary by the facility 11 with respect to the most recent year 12 for which such information is avail- 13 able as the Secretary may require, to 14 have had at least 300 Medicare dis- 15 charges in a year. 16 ‘‘(v) GOVERNMENT-OWNED.—A reha- 17 bilitation facility described in this clause is 18 a rehabilitation facility that— 19 ‘‘(I) is classified as a Govern- 20 ment-owned institution under the IRF 21 Rate Setting File described in clause 22 (iv)(I), or any successor regulations 23 that contain such information; 24 VerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S594.IS S594 kjohnson on DSK79L0C42 with BILLS 5 •S 594 IS ‘‘(II) holds, as of the applicable 1 date, at least one Federal rehabilita- 2 tion research and training designation 3 for research projects on traumatic 4 brain injury, spinal cord injury, or 5 stroke rehabilitation research from the 6 National Institute on Disability, Inde- 7 pendent Living, and Rehabilitation 8 Research at the Department of 9 Health and Human Services, as deter- 10 mined based on such data submitted 11 to the Secretary by the facility as the 12 Secretary may require (and in a form, 13 manner, and time frame specified by 14 the Secretary); 15 ‘‘(III) has a minimum Medicare 16 estimated weight per discharge of 17 1.1144 for the most recent fiscal year 18 for which such information is avail- 19 able according to the IRF Rate Set- 20 ting File described in clause (iv)(I), or 21 any successor regulations that contain 22 such information; and 23 ‘‘(IV) has a Medicare dispropor- 24 tionate share hospital (DSH) percent- 25 VerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S594.IS S594 kjohnson on DSK79L0C42 with BILLS 6 •S 594 IS age of at least 0.6300 for the most re- 1 cent fiscal year for which such infor- 2 mation is available according to the 3 IRF Rate Setting File described in 4 clause (iv)(I), or any successor regula- 5 tions that contain such information. 6 ‘‘(vi) APPLICABLE DATE DEFINED.— 7 For purposes of clauses (iii), (iv), and (v), 8 the term ‘applicable date’ means— 9 ‘‘(I) with respect to the initial 10 publication of a list under clause (ii), 11 the date of the enactment of such 12 clause; and 13 ‘‘(II) with respect to the publica- 14 tion of an updated list under clause 15 (ii), a date specified by the Secretary 16 that is not more than 1 year prior to 17 the date of such publication. 18 ‘‘(vii) IMPLEMENTATION.—Notwith- 19 standing any other provision of law the 20 Secretary may implement clauses (ii) 21 through (vi) by program instruction or oth- 22 erwise. 23 ‘‘(viii) NONAPPLICATION OF PAPER- 24 WORK REDUCTION ACT.—Chapter 35 of 25 VerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S594.IS S594 kjohnson on DSK79L0C42 with BILLS 7 •S 594 IS title 44, United States Code, shall not 1 apply to data collected under clauses (ii) 2 through (v). 3 ‘‘(ix) STUDY AND REPORT.—Not later 4 than March 15, 2021, and as determined 5 necessary by the Medicare Payment Advi- 6 sory Commission as part of subsequent an- 7 nual reports under section 1805(b)(1)(C), 8 the Commission shall submit to Congress a 9 report analyzing the most recent three 10 years of cost report data available for all 11 rehabilitation innovation centers (as de- 12 fined in clause (ii)) and assess the ade- 13 quacy of payments to such innovation cen- 14 ters for inpatient rehabilitation services 15 under this title. Any report submitted 16 under the preceding sentence shall include 17 recommendations for such legislation and 18 administrative action as the Commission 19 determines appropriate.’’. 20 Æ VerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S594.IS S594 kjohnson on DSK79L0C42 with BILLS