Rural Community Hospital Demonstration Extension Act of 2020

II 116TH CONGRESS 2D SESSION S. 3615 To amend the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend the rural community hospital demonstration program. IN THE SENATE OF THE UNITED STATES MAY 6, 2020 Ms. MURKOWSKI (for herself, Mr. BENNET, and Mr. SULLIVAN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend the rural com- munity hospital demonstration 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 ‘‘Rural Community Hos- 4 pital Demonstration Extension Act of 2020’’. 5 SEC. 2. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY 6 HOSPITAL DEMONSTRATION PROGRAM. 7 (a) EXTENSION.— 8 VerDate Sep 11 2014 23:16 May 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3615 IS (1) IN GENERAL.—Subsection (a)(5) of section 1 410A of the Medicare Prescription Drug, Improve- 2 ment, and Modernization Act of 2003 (Public Law 3 108–173; 42 U.S.C. 1395ww note), is amended by 4 striking ‘‘10-year extension period’’ and inserting 5 ‘‘15-year extension period’’. 6 (2) CONFORMING AMENDMENTS FOR EXTEN- 7 SION.— 8 (A) EXTENSION OF DEMONSTRATION PE- 9 RIOD.—Subsection (g) of such section 410A is 10 amended— 11 (i) in the subsection heading, by strik- 12 ing ‘‘TEN-YEAR’’ and inserting ‘‘FIFTEEN- 13 YEAR’’; 14 (ii) in paragraph (1)— 15 (I) by striking ‘‘additional 10- 16 year’’ and inserting ‘‘additional 15- 17 year’’; and 18 (II) by striking ‘‘10-year exten- 19 sion period’’ and inserting ‘‘15-year 20 extension period’’; 21 (iii) in paragraph (2), by striking ‘‘10- 22 year extension period’’ and inserting ‘‘15- 23 year extension period’’; 24 VerDate Sep 11 2014 23:16 May 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3615 IS (iv) in paragraph (3), by striking ‘‘10- 1 year extension period’’ and inserting ‘‘15- 2 year extension period’’; 3 (v) in paragraph (4), by striking ‘‘10- 4 year extension period’’ each place it ap- 5 pears and inserting ‘‘15-year extension pe- 6 riod’’; 7 (vi) in paragraph (5), by striking ‘‘10- 8 year extension period’’ and inserting ‘‘15- 9 year extension period’’; and 10 (vii) in subparagraph (A) of para- 11 graph (6), by striking ‘‘10-year extension 12 period’’ and inserting ‘‘15-year extension 13 period’’. 14 (B) RULE FOR HOSPITALS THAT ARE NOT 15 ORIGINAL PARTICIPANTS IN THE DEMONSTRA- 16 TION.—Paragraph (5) of subsection (g) of such 17 section 410A is amended— 18 (i) by striking ‘‘PROGRAM.—During’’ 19 and inserting ‘‘PROGRAM.— 20 ‘‘(A) CURES ACT EXTENSION.—During’’; 21 and 22 (ii) by adding at the end the following 23 new subparagraph: 24 VerDate Sep 11 2014 23:16 May 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3615 IS ‘‘(B) ADDITIONAL EXTENSION.—During 1 the third 5 years of the 15-year extension pe- 2 riod, the Secretary shall apply the provisions of 3 paragraph (4) to rural community hospitals 4 that are not described in paragraph (4) but are 5 participating in the demonstration program 6 under this section as of December 30, 2019, in 7 a similar manner as such provisions apply to 8 rural community hospitals described in para- 9 graph (4).’’. 10 (C) SOLICITATION OF APPLICATIONS.— 11 Subparagraph (A) of subsection (g)(6) of such 12 section 410A is amended— 13 (i) by striking ‘‘GENERAL.—The Sec- 14 retary’’ and inserting ‘‘IN GENERAL.— 15 ‘‘(i) CURES ACT SOLICITATION.—The 16 Secretary’’; and 17 (ii) by adding at the end the following 18 new clause: 19 ‘‘(ii) ADDITIONAL SOLICITATION.— 20 The Secretary shall, notwithstanding sub- 21 section (a)(2) or paragraph (2) of this sub- 22 section, not later than 120 days after the 23 date of the enactment of this clause, issue 24 a solicitation for applications to select up 25 VerDate Sep 11 2014 23:16 May 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3615 IS to the maximum number of additional 1 rural community hospitals located in any 2 State to participate in the demonstration 3 program under this section for the third 5 4 years of the 15-year extension period with- 5 out exceeding the limitation under para- 6 graph (3) of this subsection.’’. 7 (b) CLARIFICATION OF APPLICATION OF CASE MIX 8 ADJUSTMENT.—Subsection (b) of such section 410A is 9 amended by adding at the end the following new para- 10 graph: 11 ‘‘(3) CASE MIX ADJUSTMENT.—The Secretary 12 shall provide for an appropriate adjustment under 13 this paragraph to take into account variations in 14 case mix of rural community hospitals, using the 15 most recent case-mix data available.’’. 16 (c) CHANGE IN TIMING FOR REPORT.—Subsection 17 (e) of such section 410A is amended by striking ‘‘Not later 18 than August 1, 2018’’ and inserting ‘‘Not later than Au- 19 gust 1, 2023’’. 20 (d) CLARIFYING TECHNICAL AMENDMENTS.—Such 21 section 410A, as amended by subsections (a), (b), and (c), 22 is further amended— 23 (1) in subsection (a)(1), by inserting ‘‘of Health 24 and Human Services’’ after ‘‘Secretary’’; 25 VerDate Sep 11 2014 23:16 May 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3615 IS (2) in subsection (f)(1)(A)(iv) by inserting ‘‘of 1 the Social Security Act (42 U.S.C. 1395i–4)’’ after 2 ‘‘section 1820’’; and 3 (3) in subsection (g)— 4 (A) in the heading of paragraph (4), by 5 striking ‘‘HOSPITALS IN DEMONSTRATION PRO- 6 GRAM ON DATE OF ENACTMENT’’ and inserting 7 ‘‘HOSPITALS PARTICIPATING IN THE DEM- 8 ONSTRATION PROGRAM DURING THE INITIAL 5- 9 YEAR PERIOD’’; and 10 (B) in clause (i) of paragraph (6)(A), as 11 amended by subsection (a)(2)(C)(i), by striking 12 ‘‘not later than 120 days after the date of the 13 enactment of this paragraph’’ and inserting 14 ‘‘not later than April 12, 2017’’. 15 Æ VerDate Sep 11 2014 23:16 May 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3615.IS S3615 pamtmann on DSKBC07HB2PROD with BILLS