PUBLIC LAW 106-554—APPENDIX F 114 STAT. 2763A-507 (b) CoNTI^^JING CRITERIA FOR MEETING GEOGRAPHIC LOCATION REQUIREMENT.— Except as provided in subsection (a), in making determinations of provider-based status on or after October 1, 2000, the following rules shall apply: (1) The facility or organization shall be treated as satisfying any requirements and standards for geographic location in relation to a hospital or a critical access hospital if the facility or organization— (A) satisfies the requirements of section 413.65(d)(7) of title 42, Code of Federal Regulations; or (B) is located not more than 35 miles from the main campus of the hospital or critical access hospital. (2) The facility or organization shall be treated as satisfying any of the requirements and standards for geographic location in relation to a hospital or a critical access hospital if the facility or organization is owned and operated by a hospital or critical access hospital that— (A) is owned or operated by a unit of State or local , government, is a public or private nonprofit corporation that is formally granted governmental powers by a unit of State or local government, or is a private hospital that has a contract with a State or local government that includes the operation of clinics located off the main campus of the hospital to assure access in a well-defined service area to health care services for low-income individuals who are not entitled to benefits under title XVIII (or medical assistance under a State plan under title XIX) of the Social Security Act; and (B) has a disproportionate share adjustment percentage (as determined under section 1886(d)(5)(F) of such Act (42 U.S.C. 1395ww(d)(5)(F))) greater than 11.75 percent or is described in clause (i)(II) of such section. (c) TEMPORARY CRITERIA. — For purposes of title XVIII of the Social Security Act, a facility or organization for which a determination of provider-based status in relation to a hospital or critical access hospital is requested on or after October 1, 2000, and before October 1, 2002, shall be treated as having provider-based status in relation to such a hospital or a critical access hospital for any period before a determination is made with respect to such status pursuant to such request. (d) DEFINITIONS. —For purposes of this section, the terms "hospital" and "critical access hospital" have the meanings given such terms in subsections (e) and (mm)(l), respectively, of section 1861 of the Social Security Act (42 U.S.C. 1395x). SEC. 405. TREATMENT OF CHILDREN'S HOSPITALS UNDER PROSPEC- TIVE PAYMENT SYSTEM. (a) IN GENERAL.—Section 1833(t) (42 U.S.C. 13951(t)) is amended— (1) in the heading of paragraph (7)(D)(ii), by inserting "AND CHILDREN'S HOSPITALS" after "CANCER HOSPITALS"; and (2) in paragraphs (7)(D)(ii) and (11), by striking "section 1886(d)(l)(B)(v)" and inserting "clause (iii) or (v) of section 1886(d)(1)(B)". (b) EFFECTIVE DATE.— The amendments made by subsection (a) shall apply as if included in the enactment of section 202 of BBRA (113 Stat. 150 LA.-342).
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