124 STAT. 439 PUBLIC LAW 111–148—MAR. 23, 2010 (E) addresses issues related to occupational mix, such as staffing practices and ratios, and any evidence on the effect on quality of care or patient safety as a result of the implementation of the system; and (F) provides for a transition. (3) CONSULTATION.—In developing the plan under para- graph (1), the Secretary shall consult with relevant affected parties. (c) USE OF PARTICULAR CRITERIA FOR DETERMINING RECLASSI- FICATIONS.—Notwithstanding any other provision of law, in making decisions on applications for reclassification of a subsection (d) hospital (as defined in paragraph (1)(B) of section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) for the purposes described in paragraph (10)(D)(v) of such section for fiscal year 2011 and each subsequent fiscal year (until the first fiscal year beginning on or after the date that is 1 year after the Secretary of Health and Human Services submits the report to Congress under sub- section (b)), the Geographic Classification Review Board established under paragraph (10) of such section shall use the average hourly wage comparison criteria used in making such decisions as of Sep- tember 30, 2008. The preceding sentence shall be effected in a budget neutral manner. SEC. 3138. TREATMENT OF CERTAIN CANCER HOSPITALS. Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended by adding at the end the following new paragraph: ‘‘(18) AUTHORIZATION OF ADJUSTMENT FOR CANCER HOS- PITALS.— ‘‘(A) STUDY.—The Secretary shall conduct a study to determine if, under the system under this subsection, costs incurred by hospitals described in section 1886(d)(1)(B)(v) with respect to ambulatory payment classification groups exceed those costs incurred by other hospitals furnishing services under this subsection (as determined appropriate by the Secretary). In conducting the study under this subparagraph, the Secretary shall take into consideration the cost of drugs and biologicals incurred by such hospitals. ‘‘(B) AUTHORIZATION OF ADJUSTMENT.—Insofar as the Secretary determines under subparagraph (A) that costs incurred by hospitals described in section 1886(d)(1)(B)(v) exceed those costs incurred by other hospitals furnishing services under this subsection, the Secretary shall provide for an appropriate adjustment under paragraph (2)(E) to reflect those higher costs effective for services furnished on or after January 1, 2011.’’. SEC. 3139. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS. (a) IN GENERAL.—Section 1847A of the Social Security Act (42 U.S.C. 1395w–3a) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘or’’ at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (iii) by adding at the end the following new subparagraph: Effective date.
