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<PRE>[DOCID: f:h3360ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3360

   To delay until at least January 1, 2003, any changes in Medicaid 
regulations that modify the Medicaid upper payment limit for non-State 
                Government-owned or operated hospitals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 28, 2001

 Mr. Deal of Georgia introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To delay until at least January 1, 2003, any changes in Medicaid 
regulations that modify the Medicaid upper payment limit for non-State 
                Government-owned or operated hospitals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DELAY IN MEDICAID UPL CHANGES FOR NON-STATE GOVERNMENT-OWNED 
              OR OPERATED HOSPITALS.

    (a) Congressional Findings.--Congress finds the following:
            (1) The Secretary of Health and Human Services, in 
        regulations promulgated on January 12, 2001, provided for an 
        exception to the upper limits on payment under State Medicaid 
        plans so to permit payment to city and county public hospitals 
        at a rate up to 150 percent of the Medicare payment rate.
            (2) The Secretary justified this exception because these 
        hospitals--
                    (A) provide access to a wide range of needed care 
                not often otherwise available in underserved areas;
                    (B) deliver a significant proportion of 
                uncompensated care; and
                    (C) are critically dependent on public financing 
                sources, such as the Medicaid program.
            (3) There has been no evidence presented to Congress that 
        has changed this justification for such exception.
    (b) Moratorium on UPL Changes.--Any change in the upper limits on 
payment under title XIX of the Social Security Act for services of non-
State government-owned or operated hospitals that are specified in 
sections 447.272 and 447.321 of title 42, Code of Federal Regulations 
as such sections were in effect on March 13, 2001, whether based on the 
proposed rule published on November 23, 2001, or otherwise--
            (1) may not be published in final form before January 1, 
        2003; and
            (2) may not apply for any period beginning before January 
        1, 2003.
    (c) Mitigation Plan.--The Secretary of Health and Human Services 
shall submit to the Congress, at least 3 months before publishing a 
final regulation described in subsection (b), a report that contains a 
plan for mitigating the loss of funding to non-State government-owned 
or operated hospitals as a result of such regulation. Such report shall 
also include such recommendations for legislative action as the 
Secretary deems appropriate.
                                 &lt;all&gt;

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