Preserving Rehabilitation Innovation Centers Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1901 To amend title XVIII of the Social Security Act to preserve access to rehabilitation innovation centers under the Medicare program. IN THE HOUSE OF REPRESENTATIVES MARCH 27, 2019 Mr. OLSON (for himself, Ms. SCHAKOWSKY, Ms. KELLY of Illinois, Mr. MI- CHAEL F. DOYLE of Pennsylvania, and Mr. FOSTER) introduced the fol- lowing bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 00:10 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1901.IH H1901 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1901 IH SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVA- 1 TION CENTERS UNDER MEDICARE. 2 Section 1886(j)(7)(E) of the Social Security Act (42 3 U.S.C. 1395ww(j)(7)(E)) is amended— 4 (1) by striking ‘‘PUBLIC AVAILABILITY OF DATA 5 SUBMITTED.—The’’ and inserting ‘‘PUBLIC AVAIL- 6 ABILITY OF DATA SUBMITTED.— 7 ‘‘(i) IN GENERAL.—The’’; and 8 (2) by inserting after clause (i), as redesignated 9 by paragraph (1), the following new clauses: 10 ‘‘(ii) PUBLIC RECOGNITION OF REHA- 11 BILITATION INNOVATION CENTERS.—Be- 12 ginning not later than one year after the 13 date of the enactment of this clause, the 14 Secretary shall make publicly available on 15 such Internet website, in addition to the 16 information required to be reported on 17 such website under clause (i), a list of all 18 rehabilitation innovation centers, and shall 19 update such list on such website not less 20 frequently than biennially. 21 ‘‘(iii) REHABILITATION INNOVATION 22 CENTERS DEFINED.—For purposes of 23 clause (ii), the term ‘rehabilitation innova- 24 tion centers’ means a rehabilitation facility 25 that, as of the applicable date (as defined 26 VerDate Sep 11 2014 00:10 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1901.IH H1901 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1901 IH in clause (vi), is a rehabilitation facility de- 1 scribed in either clause (iv) or (v). 2 ‘‘(iv) NOT-FOR-PROFIT.—A rehabilita- 3 tion facility described in this clause is a re- 4 habilitation facility that— 5 ‘‘(I) is classified as a not-for- 6 profit entity under the IRF Rate Set- 7 ting File for the Inpatient Rehabilita- 8 tion Facility Prospective Payment 9 System for Federal Fiscal Year 2016 10 (80 Fed. Reg. 47036), or any suc- 11 cessor regulations that contain such 12 information; 13 ‘‘(II) holds, as of the applicable 14 date at least one Federal rehabilita- 15 tion research and training designation 16 for research projects on traumatic 17 brain injury, spinal cord injury, or 18 stroke rehabilitation research from the 19 National Institute on Disability, Inde- 20 pendent Living, and Rehabilitation 21 Research at the Department of 22 Health and Human Services, based on 23 such data submitted to the Secretary 24 VerDate Sep 11 2014 00:10 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1901.IH H1901 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1901 IH by a facility, in a form, manner, and 1 time frame specified by the Secretary; 2 ‘‘(III) has a minimum Medicare 3 estimated weight per discharge of 4 1.1144 for the most recent fiscal year 5 for which such information is avail- 6 able according to the IRF Rate Set- 7 ting File described in subclause (I), or 8 any successor regulations that contain 9 such information; and 10 ‘‘(IV) is determined by the Sec- 11 retary based upon such data sub- 12 mitted to the Secretary by the facility 13 with respect to the most recent year 14 for which such information is avail- 15 able as the Secretary may require, to 16 have had at least 300 Medicare dis- 17 charges in a year. 18 ‘‘(v) GOVERNMENT-OWNED.—A reha- 19 bilitation facility described in this clause is 20 a rehabilitation facility that— 21 ‘‘(I) is classified as a Govern- 22 ment-owned institution under the IRF 23 Rate Setting File described in clause 24 VerDate Sep 11 2014 00:10 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1901.IH H1901 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1901 IH (iv)(I), or any successor regulations 1 that contain such information; 2 ‘‘(II) holds, as of the applicable 3 date, at least one Federal rehabilita- 4 tion research and training designation 5 for research projects on traumatic 6 brain injury, spinal cord injury, or 7 stroke rehabilitation research from the 8 National Institute on Disability, Inde- 9 pendent Living, and Rehabilitation 10 Research at the Department of 11 Health and Human Services, as deter- 12 mined based on such data submitted 13 to the Secretary by the facility as the 14 Secretary may require (and in a form, 15 manner, and time frame specified by 16 the Secretary); 17 ‘‘(III) has a minimum Medicare 18 estimated weight per discharge of 19 1.1144 for the most recent fiscal year 20 for which such information is avail- 21 able according to the IRF Rate Set- 22 ting File described in clause (iv)(I), or 23 any successor regulations that contain 24 such information; and 25 VerDate Sep 11 2014 00:10 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1901.IH H1901 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1901 IH ‘‘(IV) has a Medicare dispropor- 1 tionate share hospital (DSH) percent- 2 age of at least 0.6300 for the most re- 3 cent fiscal year for which such infor- 4 mation is available according to the 5 IRF Rate Setting File described in 6 clause (iv)(I), or any successor regula- 7 tions that contain such information. 8 ‘‘(vi) APPLICABLE DATE DEFINED.— 9 For purposes of clauses (iii), (iv), and (v), 10 the term ‘applicable date’ means— 11 ‘‘(I) with respect to the initial 12 publication of a list under clause (ii), 13 the date of the enactment of such 14 clause; and 15 ‘‘(II) with respect to the publica- 16 tion of an updated list under clause 17 (ii), a date specified by the Secretary 18 that is not more than 1 year prior to 19 the date of such publication. 20 ‘‘(vii) IMPLEMENTATION.—Notwith- 21 standing any other provision of law the 22 Secretary may implement clauses (ii) 23 through (vi) by program instruction or oth- 24 erwise. 25 VerDate Sep 11 2014 00:10 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1901.IH H1901 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1901 IH ‘‘(viii) NONAPPLICATION OF PAPER- 1 WORK REDUCTION ACT.—Chapter 35 of 2 title 44, United States Code, shall not 3 apply to data collected under clauses (ii) 4 through (v). 5 ‘‘(ix) STUDY AND REPORT.—Not later 6 than March 15, 2021, and as determined 7 necessary by the Medicare Payment Advi- 8 sory Commission as part of subsequent an- 9 nual reports under section 1805(b)(1)(C), 10 the Commission shall submit to Congress a 11 report analyzing the most recent three 12 years of cost report data available for all 13 rehabilitation innovation centers (as de- 14 fined in clause (ii)) and assess the ade- 15 quacy of payments to such innovation cen- 16 ters for inpatient rehabilitation services 17 under this title. Any report submitted 18 under the preceding sentence shall include 19 recommendations for such legislation and 20 administrative action as the Commission 21 determines appropriate.’’. 22 Æ VerDate Sep 11 2014 00:10 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1901.IH H1901 pamtmann on DSKBFK8HB2PROD with BILLS