[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1868 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
March 25, 2021.
Resolved, That the bill from the House of Representatives (H.R.
1868) entitled ``An Act to prevent across-the-board direct spending
cuts, and for other purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION.
(a) Extension.--
(1) In general.--Section 3709(a) of division A of the CARES
Act (2 U.S.C. 901a note) is amended by striking ``March 31,
2021'' and inserting ``December 31, 2021''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if enacted as part of the CARES Act
(Public Law 116-136).
(b) Offset.--Section 251A(6)(C) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)(C)) is
amended--
(1) in clause (i)--
(A) by striking ``first 6 months'' and inserting
``first 5 \1/2\ months'';
(B) by striking ``4.0 percent'' and inserting ``2.0
percent''; and
(C) by striking ``and'' at the end;
(2) in clause (ii)--
(A) by striking ``second 6 months'' and inserting
``6-month period beginning on the day after the last
day of the period described in clause (i)''; and
(B) by striking ``0.0 percent.'' and inserting
``4.0 percent; and''; and
(3) by adding at the end the following:
``(iii) with respect to the remaining \1/2\ month
in which such order is so effective for such fiscal
year, the payment reduction shall be 0.0 percent.''.
SEC. 2. TECHNICAL CORRECTIONS.
(a) Rural Health Clinic Payments.--
(1) In general.--Section 1833(f)(3) of the Social Security
Act (42 U.S.C. 1395l(f)(3)) is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking subclauses
(I) and (II) and inserting the following:
``(I) with respect to a rural health clinic
that had a per visit payment amount established
for services furnished in 2020--
``(aa) the per visit payment amount
applicable to such rural health clinic
for rural health clinic services
furnished in 2020, increased by the
percentage increase in the MEI
applicable to primary care services
furnished as of the first day of 2021;
or
``(bb) the limit described in
paragraph (2)(A); and
``(II) with respect to a rural health
clinic that did not have a per visit payment
amount established for services furnished in
2020--
``(aa) the per visit payment amount
applicable to such rural health clinic
for rural health clinic services
furnished in 2021; or
``(bb) the limit described in
paragraph (2)(A); and''; and
(ii) in clause (ii)(I), by striking ``under
clause (i)(I)'' and inserting ``under subclause
(I) or (II) of clause (i), as applicable,'';
and
(B) by striking subparagraph (B) and inserting the
following:
``(B) A rural health clinic described in this subparagraph is a
rural health clinic that--
``(i) as of December 31, 2020, was in a hospital with less
than 50 beds and after such date such hospital continues to
have less than 50 beds (not taking into account any increase in
the number of beds pursuant to a waiver under subsection
(b)(1)(A) of section 1135 during the emergency period described
in subsection (g)(1)(B) of such section); and
``(ii)(I) as of December 31, 2020, was enrolled under
section 1866(j) (including temporary enrollment during such
emergency period for such emergency period); or
``(II) submitted an application for enrollment under
section 1866(j) (or a request for such a temporary enrollment
for such emergency period) that was received not later than
December 31, 2020.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
(b) Additional Amount for Certain Hospitals With High
Disproportionate Share.--Effective as if included in the enactment of
section 203(a) of title II of division CC of Public Law 116-260,
subsection (g) of section 1923 of the Social Security Act (42 U.S.C.
1396r-4), as amended by such section, is amended by adding at the end
the following:
``(3) Continued application of grandfathered transition
rule.--Notwithstanding paragraph (2) of this subsection (as in
effect on October 1, 2021), paragraph (2) of this subsection
(as in effect on September 30, 2021, and as applied under
section 4721(e) of the Balanced Budget Act of 1997, and amended
by section 607 of the Medicare, Medicaid, and SCHIP Balanced
Budget Refinement Act of 1999 (Public Law 106-113)) shall apply
in determining whether a payment adjustment for a hospital in a
State referenced in section 4721(e) of the Balanced Budget Act
of 1997 during a State fiscal year shall be considered
consistent with subsection (c).''.
Attest:
Secretary.
117th CONGRESS
1st Session
H.R. 1868
_______________________________________________________________________
AMENDMENT