PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 397 (3) SANCTION FOR FAILURE TO REPORT.— The amendment made by subsection (d) shall apply to failures occurring on or after the date of the enactment of this Act. Subtitle E—Provisions Relating to Part A Only CHAPTER 1—PAYMENT OF PPS HOSPITALS SEC. 4401. PPS HOSPITAL PAYMENT UPDATE. (a) IN GENERAL. —Section 1886(b)(3)(B)(i) (42 U.S.C. 1395ww(b)(3)(B)(i)) is amended— (1) by striking "and" at the end of subclause (XII), and (2) by striking subclause (XIII) and inserting the following: "(XIII) for fiscal year 1998, 0 percent, "(XIV) for fiscal year 1999, the market basket percentage increase minus 1.9 percentage points for hospitals in all areas, "(XV) for fiscal year 2000, the market basket percentage increase minus 1.8 percentage points for hospitals in all areas, "(XVI) for each of fiscal years 2001 and 2002, the market basket percentage increase minus 1.1 percentage point for hospitals in all areas, and "(XVII) for fiscal year 2003 and each subsequent fiscal year, the market basket percentage increase for hospitals in all areas.". (b) TEMPORARY RELIEF FOR CERTAIN NON-TEACHING, NON-DSH 42 USC i395ww HOSPITALS. — note. (1) IN GENERAL.— In the case of a hospital described in paragraph (2) for its cost reporting period— (A) beginning in fiscal year 1998 the amount of pay- ment made to the hospital under section 1886(d) of the Social Security Act for discharges occurring during such fiscal year only shall be increased as though the applicable percentage increase (otherwise applicable to discharges occurring during fiscal year 1998 under section 1886(b)(3)(B)(i)(XIII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XIII))) had been increased by 0.5 percentage points; and (B) beginning in fiscal year 1999 the amount of pay- ment made to the hospital under section 1886(d) of the Social Security Act for discharges occurring during such fiscal year only shall be increased as though the applicable percentage increase (otherwise applicable to discharges occurring during fiscal year 1999 under section 1886(b)(3)(B)(i)(XIII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XIII))) had been increased by 0.3 percentage points. Subparagraph (A) shall not apply in computing the increase under subparagraph (B) and neither subparagraph shall affect payment for discharges for any hospital occurring during a fiscal year after fiscal year 1999. Payment increases under this subsection for discharges occurring during a fiscal year are subject to settlement after the close of the fiscal year. (2) HOSPITALS COVERED. —A hospital described in this paragraph for a cost reporting period is a hospital— (A) that is described in paragraph (3) for such period;
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