Page:United States Statutes at Large Volume 124.djvu/434

 124 STAT. 408 PUBLIC LAW 111–148—MAR. 23, 2010 and services furnished under this title and incentive payments under subsection (c), in addition to funds otherwise appropriated, there shall be transferred to the Secretary for the Center for Medi- care & Medicaid Services Program Management Account from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841 (in proportions determined appropriate by the Sec- retary) $5,000,000 for each of fiscal years 2010 through 2015. Amounts transferred under this subsection for a fiscal year shall be available until expended. ‘‘(i) TERMINATION.— ‘‘(1) MANDATORY TERMINATION.—The Secretary shall termi- nate an agreement with an independence at home medical practice if— ‘‘(A) the Secretary estimates or determines that such practice will not receive an incentive payment for the second of 2 consecutive years under the demonstration program; or ‘‘(B) such practice fails to meet quality standards during any year of the demonstration program. ‘‘(2) PERMISSIVE TERMINATION.—The Secretary may termi- nate an agreement with an independence at home medical practice for such other reasons determined appropriate by the Secretary.’’. SEC. 3025. HOSPITAL READMISSIONS REDUCTION PROGRAM. (a) IN GENERAL.—Section 1886 of the Social Security Act (42 U.S.C. 1395ww), as amended by sections 3001 and 3008, is amended by adding at the end the following new subsection: ‘‘(q) HOSPITAL READMISSIONS REDUCTION PROGRAM.— ‘‘(1) IN GENERAL.—With respect to payment for discharges from an applicable hospital (as defined in paragraph (5)(C)) occurring during a fiscal year beginning on or after October 1, 2012, in order to account for excess readmissions in the hospital, the Secretary shall reduce the payments that would otherwise be made to such hospital under subsection (d) (or section 1814(b)(3), as the case may be) for such a discharge by an amount equal to the product of— ‘‘(A) the base operating DRG payment amount (as defined in paragraph (2)) for the discharge; and ‘‘(B) the adjustment factor (described in paragraph (3)(A)) for the hospital for the fiscal year. ‘‘(2) BASE OPERATING DRG PAYMENT AMOUNT DEFINED.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), in this subsection, the term ‘base operating DRG pay- ment amount’ means, with respect to a hospital for a fiscal year— ‘‘(i) the payment amount that would otherwise be made under subsection (d) (determined without regard to subsection (o)) for a discharge if this subsection did not apply; reduced by ‘‘(ii) any portion of such payment amount that is attributable to payments under paragraphs (5)(A), (5)(B), (5)(F), and (12) of subsection (d). ‘‘(B) SPECIAL RULES FOR CERTAIN HOSPITALS.— ‘‘(i) SOLE COMMUNITY HOSPITALS AND MEDICARE- DEPENDENT, SMALL RURAL HOSPITALS.—In the case of Definition.