123STA T .495PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 09 Subti t leC—M i sc ell an e o us Me d ica r e P ro v isions SEC.4301 . MORAT OR I AO N CERTAIN ME D ICARE RE GUL ATIONS. (a)DELAYINPH A S E OUTOFM E D I C A R E H OS P ICE B UD G ET N EU - TRALITY A D J UST M ENT F ACTOR DURING FISCAL Y EAR 20 0 9.— N otwi t h - s ta nd in g an y oth erp ro v ision o fl aw , in c l u ding the final rule pu b - lished on August 8 , 2008, 73 Federal R egister 46 464 et se q ., relating to Medicare Progra m; Hospice W age I nde x for Fiscal Year 2009, the S ecretary of Health and Human Services shall not phase out or eliminate the budget neutrality ad j ustment factor in the Medicare hospice wage index before October 1 , 2009, and the Secretary shall recompute and apply the final Medicare hospice wage index for fiscal year 2009 as if there had been no reduction in the budget neutrality adjustment factor. (b) NON-APPLICATION OF PHASED-OUT INDIRECT MEDICAL E DU- CATION (IME) ADJUSTMENT FACTOR FOR FISCAL YEAR 2009.— (1) IN GENERAL.—Section 412.322 of title 42, C ode of Fed- eral Regulations, shall be applied without regard to paragraph (c) of such section, and the Secretary of Health and Human Services shall recompute payments for discharges occurring on or after October 1, 2008, as if such paragraph had never been in effect. (2) NO EFFECT ON SU B SE Q UENT YEARS.—Nothing in para- graph (1) shall be construed as having any effect on the applica- tion of paragraph (d) of section 412.322 of title 42, Code of Federal Regulations. (c) FUNDING FOR IMPLEMENTATION.—In addition to funds other- wise available, for purposes of implementing the provisions of sub- sections (a) and (b), including costs incurred in reprocessing claims in carrying out such provisions, the Secretary of Health and Human Services shall provide for the transfer from the Federal Hospital Insurance T rust Fund established under section 1817 of the Social Security Act (42 U .S.C. 139 5 i) to the Centers for Medicare & Med- icaid Services Program Management Account of $ 2,000,000 for fiscal year 2009. SEC. 430 2 . LONG - TERM CARE H OS P ITAL TECHNICAL CORRECTIONS. (a) PAYMENT.—Subsection (c) of section 114 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public L aw 110 – 173) is amended— (1) in paragraph (1)— (A) by amending the heading to read as follows
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‘DELAY IN APPLICATION OF 25 PERCENT PATIENT THRESHOLD PAY- MENT ADJUSTMENT ’ ’; (B) by stri k ing ‘‘the date of the enactment of this Act’’ and inserting ‘‘ J uly 1, 2007,’’; and (C) in subparagraph (A), by inserting ‘‘or to a long- term care hospital, or satellite facility, that as of December 29, 2007, was co-located with an entity that is a provider- based, off-campus location of a subsection (d) hospital which did not provide services payable under section 1886(d) of the Social Security Act at the off-campus location’’ after ‘‘freestanding long-term care hospitals’’; and (2) in paragraph (2)— 42USC1395w w note.Ap p licab ilit y .
