PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 373 described in subparagraphs (A)(ii), (A)(iii), and (B) of subsection (b)(1) and paragraph (3) of that subsection. "(h) GRANDFATHERING OF CERTAIN FACILITIES.— "(1) IN GENERAL.—Any medical assistance facihty operating in Montana and any rural primary care hospital designated by the Secretary under this section prior to the date of the enactment of the Balanced Budget Act of 1997 shall be deemed to have been certified by the Secretary under subsection (e) as a critical access hospital if such facility or hospital is otherwise eligible to be designated by the State as a critical access hospital under subsection (c). "(2) CONTINUATION OF MEDICAL ASSISTANCE FACILITY AND RURAL PRIMARY CARE HOSPITAL TERMS. —Notwithstanding any other provision of this title, with respect to any medical assistance facility or rural primary care hospital described in paragraph (1), any reference in this title to a 'critical access hospital' shall be deemed to be a reference to a 'medical assistance facility' or 'rural primary care hospital'. "(i) WAIVER OF CONFLICTING PART A PROVISIONS.— The Secretary is authorized to waive such provisions of this part and part D as are necessary to conduct the program established under this section. "0") AUTHORIZATION OF APPROPRIATIONS. —T here are authorized to be appropriated from the Federal Hospital Insurance Trust Fund for making grants to all States under subsection (g), $25,000,000 in each of the fiscal years 1998 through 2002.". (b) REPORT ON ALTERNATIVE TO 96-HOUR RULE.— Not later than June 1, 1998, the Secretary of Health and Human Services shall submit to Congress a report on the feasibility of, and administrative requirements necessary to establish an alternative for certain medical diagnoses (as determined by the Secretary) to the 96-hour limitation for inpatient care in critical access hospitals required by section 1820(c)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395i-4(c)(2)(B)(iii)), as added by subsection (a) of this section. (c) CONFORMING AMENDMENTS RELATING TO RURAL PRIMARY CARE HOSPITALS AND CRITICAL ACCESS HOSPITALS.— (1) IN GENERAL. —Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) and title XVIII of that Act (42 U.S.C. 1395 et seq.) are each amended by striking "rural primary care" each place it appears and inserting "critical access". (2) DEFINITIONS.— Section 1861(mm) of the Social Security Act (42 U.S.C. 1395x(mm)) is amended to read as follows: " CRITICAL ACCESS HOSPITAL; CRITICAL ACCESS HOSPITAL SERVICES "(mm)(l) The term 'critical access hospital' means a facility certified by the Secretary as a critical access hospital under section 1820(e). "(2) The term 'inpatient critical access hospital services' means items and services, furnished to an inpatient of a critical access hospital by such facility, that would be inpatient hospital services if furnished to an inpatient of a hospital by a hospital. "(3) The term 'outpatient critical access hospital services' means medical and other health services furnished by a critical access hospital on an outpatient basis.". (3) PART A PAYMENT.— Section 1814 of the Social Security Act (42 U.S.C. 1395f) is amended—
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