Page:United States Statutes at Large Volume 94 Part 2.djvu/1336

 94 STAT. 2614

Effective date. 42 USC 1320C-7 note.

PUBLIC LAW 96-499—DEC. 5, 1980

allowable costs in effect under the State plan for such type of inpatient services provided to patients of such unit. "(3) Any day on which an individual receives inpatient services for which payment is made under this subsection shall, for purposes of this Act (other than this subsection), be deemed to be a day on which the individual received inpatient hospital services. "(4) For the purpose of determining the occupancy rate with respect to hospitals under paragraph (2)— "(A) public hospitals under common ownership may elect (with the approval of the Secretary) to be treated as a single hospital, and "(B) beginning two years after the date this subsection is first applied with respect to a hospital, the Secretary, to the extent feasible, shall not treat as an inpatient an individual with respect to whom payment is made to the hospital only because of this subsection or section 1861(v)(l)(G).". (c) The amendments made by this section shall become effective on the date of which final regulations, promulgated by the Secretary to implement such amendments, are first issued; and those regulations shall be issued not later than the first day of the sixth month following the month in which this Act is enacted. CONTINUED USE OF DEMONSTRATION PROJECT REIMBURSEMENT SYSTEMS

42 USC 1395f.

42 USC 1395b-l, 1395ZZ. 42 USC 1395b-l and note, 1395ZZ.

SEC. 903. (a) Section 181403) of the Social Security Act is amended— (1) by inserting "except as provided in paragraph (3)," in paragraph (1) before "the lesser", (2) by striking out "or" at the end of paragraph (1), (3) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; or", and (4) by adding at the end thereof the following new paragraph: "(3) if some or all of the hospitals in a State have been reimbursed for services (for which payment may be made under this part) pursuant to a reimbursement system approved as a demonstration project under section 402 of the Social Security Amendments of 1967 or section 222 of the Social Security Amendments of 1972, if the rate of increase in such hospitals in their costs per hospital inpatient admission of individuals entitled to benefits under this part over the duration of such project was equal to or less than such rate of increase for admissions of such individuals with respect to all hospitals in the United States during such period, and if either the State has legislative authority to operate such system and the State elects to have reimbursement to such hospitals made in accordance with this paragraph or the system is operated through a voluntary agreement of hospitals and such hospitals elect to have reimbursement to those hospitals made in accordance with this paragraph, then the Secretary may provide for continuation of reimbursement to such hospitals under such system until the Secretary determines that— "(A) a third-party payor reimburses such a hospital on a basis other than under such system, or "(B) the rate of increase for the previous three-year period in such hospitals in costs per hospital inpatient admission of individuals entitled to benefits under this part is greater than such rate of increase for admissions of such individuals

�