42 U.S.C. § 1395ggg — Omitted

Page 3994 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395ggg the Outcome and Assessment Information Set (OASIS). ‘‘(B) OUTCOME AND ASSESSMENT INFORMATION SET.—The term ‘Outcome and Assessment Informa- tion Set’ means the standard provided under the rule relating to data items that must be used in conducting a comprehensive assessment of pa- tients.’’ REPORT TO CONGRESS ON NEED FOR REDUCTIONS Pub. L. 106–113, div. B, § 1000(a)(6) [title III, § 302(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–360, as amended by Pub. L. 106–554, § 1(a)(6) [title V, § 501(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–529, provided that: ‘‘Not later than April 1, 2002, the Comptroller General of the United States shall submit to Congress a report analyzing the need for the 15 percent reduction under subsection (b)(3)(A)(ii) of such section [42 U.S.C. 1395fff(b)(3)(A)(ii)], or for any reduction, in the com- putation of the base payment amounts under the pro- spective payment system for home health services es- tablished under such section.’’ STUDY AND REPORT TO CONGRESS REGARDING EXEMP- TION OF RURAL AGENCIES AND POPULATIONS FROM INCLUSION IN HOME HEALTH PROSPECTIVE PAYMENT SYSTEM Pub. L. 106–113, div. B, § 1000(a)(6) [title III, § 307], Nov. 29, 1999, 113 Stat. 1536, 1501A–362, provided that: ‘‘(a) STUDY.—The Medicare Payment Advisory Com- mission (referred to in this section as ‘MedPAC’) shall conduct a study to determine the feasibility and advis- ability of exempting home health services provided by a home health agency (or by others under arrange- ments with such agency) located in a rural area, or to an individual residing in a rural area, from payment under the prospective payment system for such services established by the Secretary of Health and Human Services in accordance with section 1895 of the Social Security Act (42 U.S.C. 1395fff). ‘‘(b) REPORT.—Not later than 2 years after the date of the enactment of this Act [Nov. 29, 1999], MedPAC shall submit a report to Congress on the study conducted under subsection (a), together with any recommenda- tions for legislation that MedPAC determines to be ap- propriate as a result of such study.’’ CASE MIX SYSTEM DEVELOPMENT Pub. L. 105–33, title IV, § 4602(d), Aug. 5, 1997, 111 Stat. 467, provided that: ‘‘The Secretary of Health and Human Services shall expand research on a prospective payment system for home health agencies under the medicare program that ties prospective payments to a unit of service, including an intensive effort to develop a reliable case mix adjuster that explains a significant amount of the variances in costs.’’ CASE MIX SYSTEM; SUBMISSION OF DATA Pub. L. 105–33, title IV, § 4602(e), Aug. 5, 1997, 111 Stat. 467, provided that: ‘‘Effective for cost reporting periods beginning on or after October 1, 1997, the Secretary of Health and Human Services may require all home health agencies to submit additional information that the Secretary considers necessary for the development of a reliable case mix system.’’ PROSPECTIVE PAYMENT SYSTEM CONTINGENCY Pub. L. 105–33, title IV, § 4603(e), Aug. 5, 1997, 111 Stat. 471, as amended by Pub. L. 105–277, div. J, title V, § 5101(c)(3), Oct. 21, 1998, 112 Stat. 2681–914, provided that if the Secretary of Health and Human Services did not establish and implement the prospective payment sys- tem for home health services described in subsec. (b) of this section for portions of cost reporting periods de- scribed in section 4603(d) of Pub. L. 105–33 (set out as a note above), for such portions the Secretary was to pro- vide for a reduction by 15 percent in the cost limits and per beneficiary limits described in section 1395x(v)(1)(L) of this title, as those limits would otherwise have been in effect on Sept. 30, 2000, prior to repeal by Pub. L. 106–113, div. B, § 1000(a)(6) [title III, § 302(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–359. REPORTS TO CONGRESS REGARDING HOME HEALTH COST CONTAINMENT Pub. L. 105–33, title IV, § 4616, Aug. 5, 1997, 111 Stat. 475, provided that: ‘‘(a) ESTIMATE.—Not later than October 1, 1997, the Secretary of Health and Human Services shall submit to the Committees on Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes an esti- mate of the outlays that will be made under parts A and B of title XVIII of the Social Security Act [42 U.S.C. 1395c et seq., 1395j et seq.] for the provision of home health services during each of fiscal years 1998 through 2002. ‘‘(b) ANNUAL REPORT.—Not later than the end of each of years 1999 through 2002, the Secretary shall submit to such Committees a report that compares the actual outlays under such parts for such services during the fiscal year ending in the year, to the outlays estimated under subsection (a) for such fiscal year. If the Sec- retary finds that such actual outlays were greater than such estimated outlays for the fiscal year, the Sec- retary shall include in the report recommendations re- garding beneficiary copayments for home health serv- ices provided under the medicare program or such other methods as will reduce the growth in outlays for home health services under the medicare program.’’ § 1395ggg. Omitted Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title XVIII, § 1896, as added Pub. L. 105–33, title IV, § 4015(a), Aug. 5, 1997, 111 Stat. 337; amended Pub. L. 106–398, § 1 [[div. A], title VII, § 712(a)(2), (b)–(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–177, 1654A–178; Pub. L. 107–314, div. A, title VII, § 713, Dec. 2, 2002, 116 Stat. 2589; Pub. L. 108–173, title VII, § 736(c)(8), Dec. 8, 2003, 117 Stat. 2356, authorized the Secretary of Health and Human Services and the Sec- retary of Defense, acting jointly, to establish a dem- onstration project for providing medicare health care services to certain medicare-eligible military retirees or dependents in a military treatment facility or by a designated provider, to be conducted during the 4-year period beginning on January 1, 1998. § 1395hhh. Health care infrastructure improve- ment program (a) Establishment The Secretary shall establish a loan program that provides loans to qualifying hospitals for payment of the capital costs of projects de- scribed in subsection (d). (b) Application No loan may be provided under this section to a qualifying hospital except pursuant to an ap- plication that is submitted and approved in a time, manner, and form specified by the Sec- retary. A loan under this section shall be on such terms and conditions and meet such re- quirements as the Secretary determines appro- priate. (c) Selection criteria (1) In general The Secretary shall establish criteria for se- lecting among qualifying hospitals that apply for a loan under this section. Such criteria shall consider the extent to which the project