[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1868 Enrolled Bill (ENR)]
H.R.1868
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty-one
An Act
To prevent across-the-board direct spending cuts, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.