PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2431
‘‘(A) The extent to which hospitals in the State have reduced their uncompensated care costs to reflect the total amount of claimed expenditures made under this section. ‘‘(B) Payments under this section to hospitals that comply with the requirements of subsection (g). ‘‘(C) Only the uncompensated care costs of providing inpatient hospital and outpatient hospital services to individuals described in paragraph (1)(A) of such subsection are included in the calculation of the hospital-specific limits under such subsection. ‘‘(D) The State included all payments under this title, including supplemental payments, in the calculation of such hospital-specific limits. ‘‘(E) The State has separately documented and retained a record of all of its costs under this title, claimed expenditures under this title, uninsured costs in determining payment adjustments under this section, and any payments made on behalf of the uninsured from payment adjustments under this section.’’. (e) CLARIFICATION REGARDING NON-REGULATION OF TRANSFERS.— (1) IN GENERAL.—Nothing in section 1903(w) of the Social Security Act (42 U.S.C. 1396b(w)) shall be construed by the Secretary as prohibiting a State’s use of funds as the nonFederal share of expenditures under title XIX of such Act where such funds are transferred from or certified by a publiclyowned regional medical center located in another State and described in paragraph (2), so long as the Secretary determines that such use of funds is proper and in the interest of the program under title XIX. (2) CENTER DESCRIBED.—A center described in this paragraph is a publicly-owned regional medical center that— (A) provides level 1 trauma and burn care services; (B) provides level 3 neonatal care services; (C) is obligated to serve all patients, regardless of State of origin; (D) is located within a Standard Metropolitan Statistical Area (SMSA) that includes at least 3 States, including the States described in paragraph (1); (E) serves as a tertiary care provider for patients residing within a 125 mile radius; and (F) meets the criteria for a disproportionate share hospital under section 1923 of such Act in at least one State other than the one in which the center is located. (3) EFFECTIVE PERIOD.—This subsection shall apply through December 31, 2005.
42 USC 1396b note.
SEC. 1002. CLARIFICATION OF INCLUSION OF INPATIENT DRUG PRICES CHARGED TO CERTAIN PUBLIC HOSPITALS IN THE BEST PRICE EXEMPTIONS FOR THE MEDICAID DRUG REBATE PROGRAM.
(a) IN GENERAL.—Section 1927(c)(1)(C)(i)(I) (42 U.S.C. 1396r– 8(c)(1)(C)(i)(I)) is amended by inserting before the semicolon the following: ‘‘(including inpatient prices charged to hospitals described in section 340B(a)(4)(L) of the Public Health Service Act)’’.
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