Page:United States Statutes at Large Volume 117.djvu/2311

 117 STAT. 2292

42 USC 1395ww note.

42 USC 1395ww note.

Extension date.

PUBLIC LAW 108–173—DEC. 8, 2003

with such technology, based on similar clinical or anatomical characteristics and the cost of the technology. Within such groups the Secretary shall assign an eligible new technology into a diagnosis-related group where the average costs of care most closely approximate the costs of care of using the new technology. No add-on payment under this subparagraph shall be made with respect to such new technology and this clause shall not affect the application of paragraph (4)(C)(iii).’’. (d) ESTABLISHMENT OF NEW FUNDING FOR HOSPITAL INPATIENT TECHNOLOGY.— (1) IN GENERAL.—Section 1886(d)(5)(K)(ii)(III) (42 U.S.C. 1395ww(d)(5)(K)(ii)(III)) is amended by striking ‘‘subject to paragraph (4)(C)(iii),’’. (2) NOT BUDGET NEUTRAL.—There shall be no reduction or other adjustment in payments under section 1886 of the Social Security Act because an additional payment is provided under subsection (d)(5)(K)(ii)(III) of such section. (e) EFFECTIVE DATE.— (1) IN GENERAL.—The Secretary shall implement the amendments made by this section so that they apply to classification for fiscal years beginning with fiscal year 2005. (2) RECONSIDERATIONS OF APPLICATIONS FOR FISCAL YEAR 2004 THAT ARE DENIED.—In the case of an application for a classification of a medical service or technology as a new medical service or technology under section 1886(d)(5)(K) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(K)) that was filed for fiscal year 2004 and that is denied— (A) the Secretary shall automatically reconsider the application as an application for fiscal year 2005 under the amendments made by this section; and (B) the maximum time period otherwise permitted for such classification of the service or technology shall be extended by 12 months. SEC. 504. INCREASE IN FEDERAL RATE FOR HOSPITALS IN PUERTO RICO.

Section 1886(d)(9) (42 U.S.C. 1395ww(d)(9)) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking ‘‘for discharges beginning on or after October 1, 1997, 50 percent (and for discharges between October 1, 1987, and September 30, 1997, 75 percent)’’ and inserting ‘‘the applicable Puerto Rico percentage (specified in subparagraph (E))’’; and (B) in clause (ii), by striking ‘‘for discharges beginning in a fiscal year beginning on or after October 1, 1997, 50 percent (and for discharges between October 1, 1987, and September 30, 1997, 25 percent)’’ and inserting ‘‘the applicable Federal percentage (specified in subparagraph (E))’’; and (2) by adding at the end the following new subparagraph: ‘‘(E) For purposes of subparagraph (A), for discharges occurring— ‘‘(i) on or after October 1, 1987, and before October 1, 1997, the applicable Puerto Rico percentage is 75 percent and the applicable Federal percentage is 25 percent;

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