Page:United States Statutes at Large Volume 111 Part 1.djvu/432

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Ill STAT. 408 PUBLIC LAW 105-33—AUG. 5, 1997 42 USC 1395WW note. 42 USC 1395WW note. "(i) Hospitals described in clause (i) of subsection (d)(1)(B) and psychiatric units described in the matter following clause (v) of such subsection. "(ii) Hospitals described in clause (ii) of such subsection and rehabilitation units described in the matter following clause (v) of such subsection. "(iii) Hospitals described in clause (iv) of such subsection. "(C) In applying subparagraph (A)(i)(II) in the case of a hospital or unit, the Secretary shall provide for an appropriate adjustment to the labor-related portion of the amount determined under such subparagraph to take into account differences between average wage-related costs in the area of the hospital and the national average of such costs within the same class of hospital."; and (2) in paragraph (3)(A), as amended in sections 4413 and 4414, by inserting "and in paragraph (7)(A)(ii)," before "for purposes of. SEC. 4417. TREATMENT OF CERTAIN LONG-TERM CARE HOSPITALS. (a) IN GENERAL.—(1) Section 1886(d)(1)(B) (42 U.S.C. 1395ww(d)(l)(B)) is amended by adding at the end the following new sentence: "A hospital that was classified by the Secretary on or before September 30, 1995, as a hospital described in clause (iv) shall continue to be so classified notwithstanding that it is located in the same building as, or on the same campus as, another hospital. ". (2) EFFECTIVE DATE.— The amendment made by paragraph (1) shall apply to discharges occurring on or after October 1, 1995. (b) CERTAIN LONG-TERM CARE HOSPITALS THAT TREAT CANCER PATIENTS.— (1) Section 1886(d)(l)(B)(iv) (42 U.S.C. 1395ww(d)(l)(B)(iv)) is amended— (A) by inserting "(I)" after "(iv)"; and (B) by adding at the end the following: "(II) a hospital that first received payment under this subsection in 1986 which has an average inpatient length of stay (as determined by the Secretary) of greater than 20 days and that has 80 percent or more of its annual medicare inpatient discharges with a principal diagnosis that reflects a finding of neoplastic disease in the 12-month cost reporting period ending in fiscal year 1997, or". (2) EFFECTIVE DATE.— The amendment made by paragraph (1) shall apply to cost reporting periods beginning on or after the date of the enactment of this Act. SEC. 4418. TREATMENT OF CERTAIN CANCER HOSPITALS. (a) IN GENERAL.—Section 1886(d)(1) (42 U.S.C. 1395ww(d)(l)) is amended— (1) in subparagraph (B)(v)— (A) by inserting "(I)" after "(v)"; (B) by striking the semicolon at the end and inserting ", or"; and (C) by adding at the end the following: "(II) a hospital that was recognized as a comprehensive cancer center or clinical cancer research center by the National Cancer Institute of the National Institutes of Health as of April 20, 1983, that is located in a State which, as of December 19, 1989, was not operating a demonstration project under section 1814(b), that applied and was denied, on or before December 31, 1990, for classification as a hospital involved