Page:United States Statutes at Large Volume 121.djvu/2522

 PUBLIC LAW 110–173—DEC. 29, 2007

121 STAT. 2501

‘‘(A) each single source drug or biological described in section 1842(o)(1)(G) that is treated as a multiple source drug because of the application of subsection (c)(6)(C)(ii) is the lower of— ‘‘(i) the payment amount that would be determined for such drug or biological applying such subsection; or ‘‘(ii) the payment amount that would have been determined for such drug or biological if such subsection were not applied; and ‘‘(B) a multiple source drug described in section 1842(o)(1)(G) (excluding a drug or biological that is treated as a multiple source drug because of the application of such subsection) is the lower of— ‘‘(i) the payment amount that would be determined for such drug or biological taking into account the application of such subsection; or ‘‘(ii) the payment amount that would have been determined for such drug or biological if such subsection were not applied.’’. SEC. 113. PAYMENT RATE FOR CERTAIN DIAGNOSTIC LABORATORY TESTS.

Section 1833(h) of the Social Security Act (42 U.S.C. 1395l(h)) is amended by adding at the end the following new paragraph: ‘‘(9) Notwithstanding any other provision in this part, in the case of any diagnostic laboratory test for HbA1c that is labeled by the Food and Drug Administration for home use and is furnished on or after April 1, 2008, the payment rate for such test shall be the payment rate established under this part for a glycated hemoglobin test (identified as of October 1, 2007, by HCPCS code 83036 (and any succeeding codes)).’’. SEC. 114. LONG-TERM CARE HOSPITALS.

(a) DEFINITION OF LONG-TERM CARE HOSPITAL.—Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ‘‘Long-Term Care Hospital

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‘‘(ccc) The term ‘long-term care hospital’ means a hospital which— ‘‘(1) is primarily engaged in providing inpatient services, by or under the supervision of a physician, to Medicare beneficiaries whose medically complex conditions require a long hospital stay and programs of care provided by a long-term care hospital; ‘‘(2) has an average inpatient length of stay (as determined by the Secretary) of greater than 25 days, or meets the requirements of clause (II) of section 1886(d)(1)(B)(iv); ‘‘(3) satisfies the requirements of subsection (e); and ‘‘(4) meets the following facility criteria: ‘‘(A) the institution has a patient review process, documented in the patient medical record, that screens patients prior to admission for appropriateness of admission to a long-term care hospital, validates within 48 hours of admission that patients meet admission criteria for long-term care hospitals, regularly evaluates patients throughout

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