PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 409 extensively in treatment for or research on cancer under this clause (as in effect on the day before the date of the enactment of this subclause), that as of the date of the enactment of this subclause, is licensed for less than 50 acute care beds, and that demonstrates for the 4-year period ending on December 31, 1996, that at least 50 percent of its total discharges have a principal finding of neoplastic disease, as defined in subparagraph (E);" and (2) by adding at the end the following: "(E) For purposes of subparagraph (B)(v)(II) only, the term 'principal finding of neoplastic disease' means the condition established after study to be chiefly responsible for occasioning the admission of a patient to a hospital, except that only discharges with ICD-9 -CM principal diagnosis codes of 140 through 239, V58.0, V58.1, V66.1, V66.2, or 990 will be considered to reflect such a principal diagnosis.", (b) PAYMENT.— (1) APPLICATION TO COST REPORTING PERIODS.— Any classification by reason of section 1886(d)(l)(B)(v)(II) of the Social Security Act (42 U.S.C. 1395ww(d)(l)(B)(v)(II)) (as added by subsection (a)) shall apply to all cost reporting periods beginning on or after January 1, 1991. (2) BASE YEAR. — Notwithstanding the provisions of section 1886(b)(3)(E) of such Act (42 U.S.C. 1395ww(b)(3)(E)) or other provisions to the contrary, the base cost reporting period for purposes of determining the target amount for any hospital classified by reason of section 1886(d)(l)(B)(v)(II) of such Act shall be either— (A) the hospital's cost reporting period beginning during fiscal year 1990, or (B) pursuant to an election under 1886(b)(3)(G) of such Act (42 U.S.C. 1395ww(b)(3)(G)), as added in section 4413(b), the period provided for under such section. (3) DEADLINE FOR PAYMENTS. —Any payments owed to a hospital by reason of this subsection shall be made expeditiously, but in no event later than 1 year after the date of the enactment of this Act. 42 USC 1395WW note. SEC. 4419. ELIMINATION OF EXEMPTIONS FOR CERTAIN HOSPITALS. (a) REDUCTION OF EXEMPTIONS. — (1) IN GENERAL.— Section 1886(b)(4)(A)(i) (42 U.S.C. 1395ww(b)(4)(A)(i)) is amended in the first sentence by striking "The Secretary shall provide for an exemption from, or an exception and adjustment to, " and inserting "The Secretary shall provide for an exception and adjustment to (and in the case of a hospital or unit described in subsection (d)(l)(B)(iii), may provide an exemption from)". (2) EFFECTIVE DATE.— The amendment made by paragraph (1) shall apply to hospitals or units that first qualify as a hospital or unit described in section 1886(d)(1)(B) (42 U.S.C. 1395ww(d)(l)(B)) for cost reporting periods beginning on or after October 1, 1997. (b) REPORT ON EXCEPTIONS.— The Secretary of Health and Human Services shall publish annually in the Federal Register a report describing the total amount of payments made to hospitals by reason of section 1886(b)(4) of the Social Security Act (42 U.S.C. 42 USC 1395WW note. Federal Register, publication. 42 USC 1395WW note.
�
