Page:United States Statutes at Large Volume 94 Part 2.djvu/1337

 PUBLIC LAW 96-499—DEC. 5, 1980

94 STAT. 2615

with respect to all hospitals in the United States for such period. In the case of any State which has had such a demonstration project reimbursement system in continuous operation since July 1, 1977, the Secretary shall provide under paragraph (3) for continuation of reimbursement to hospitals in the State under such system until the Secretary determines that either of the conditions described in subparagraph (A) or (B) of such paragraph has occurred.". (b) Section 1902(a)(13)(D)(i) of such Act, as amended by section 902(b)(1) of this title, is amended by inserting after "title XVIII" the following: ", except that in the case of hospitals reimbursed for services under part A of title XVIII in accordance with section 1814(b)(3), the plan must provide for payment of inpatient hospital services provided in such hospitals under the plan in accordance with the reimbursement system used under such section". (c) Notwithstanding any other provision of law, the Secretary of Health and Human Services (hereinafter in this title referred to as the "Secretary") may not provide for more than a total of six Statewide medicare hospital reimbursement demonstration projects under the authority of section 402 of the Social Security Amendments of 1967 or of section 222 of the Social Security Amendments of 1972, including any such projects provided for before the date of the enactment of this Act.

42 USC 1396a.

42 USC 1395. Ante, p. 2614.

42 USC 1395b-l note.

42 USC 1395b-l and note, 1395/Z.

HOSPITAL PROVIDERS OF LONG-TERM CARE SERVICES (SWING-BEDS)

SEC. 904. (a)(1) Title XVIII of the Social Security Act is amended by adding after section 1882 the following new section: HOSPITAL PROVIDERS OF EXTENDED CARE SERVICES

"SEC. 1883. (a)(1) Any hospital (other than a hospital which has in 42 USC 1395 tt. effect a waiver under subparagraph (A) of the last sentence of section 1861(e)) which has an agreement under section 1866 may (subject to Post, p. 2645, 42 subsection (b)) enter into an agreement with the Secretary under u s e 1395CC. which its inpatient hospital facilities may be used for the furnishing of services of the type which, if furnished by a skilled nursing facility, would constitute extended care services. "(2)(A) Notwithstanding any other provision of this title, payment to any hospital for services furnished under an agreement entered into under this section shall be based upon the reasonable cost of the services as determined under subparagraph (B). "(B)(i) The reasonable cost of the services consists of the reasonable cost of routine services (determined under clause (ii)) and the reasonable cost of ancillary services (determined under clause (iii)). "(ii) The reasonable cost of routine services furnished during any calendar year by a hospital under an agreement under this section is equal to the product of— "(I) the number of patient-days during the year for which the services were furnished, and "(II) the average reasonable cost per patient-day, such average reasonable cost per patient-day being the average rate per patient-day paid for routine services during the previous calendar year under the State plan (of the State in which the hospital is located) under title XIX to skilled nursing facilities located in 42 USC 1396. the State and which meet the requirements specified in section 1902(a)(28), or, in the case of a hospital located in a State which 42 USC 1396a. does not have such a State plan, the average rate per patient-day

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