PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2273
(as defined in clause (iii) of such section) for that particular cost reporting period. (c) FUNDING.— (1) IN GENERAL.—The Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) of such funds as are necessary for the costs of carrying out the demonstration program under this section. (2) BUDGET NEUTRALITY.—In conducting the demonstration program under this section, the Secretary shall ensure that the aggregate payments made by the Secretary do not exceed the amount which the Secretary would have paid if the demonstration program under this section was not implemented. (d) WAIVER AUTHORITY.—The Secretary may waive such requirements of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as may be necessary for the purpose of carrying out the demonstration program under this section. (e) REPORT.—Not later than 6 months after the completion of the demonstration program under this section, the Secretary shall submit to Congress a report on such program, together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. (f) DEFINITIONS.—In this section: (1) RURAL COMMUNITY HOSPITAL DEFINED.— (A) IN GENERAL.—The term ‘‘rural community hospital’’ means a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))) that— (i) is located in a rural area (as defined in section 1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D))) or treated as being so located pursuant to section 1886(d)(8)(E) of such Act (42 U.S.C. 1395ww(d)(8)(E)); (ii) subject to paragraph (2), has fewer than 51 acute care inpatient beds, as reported in its most recent cost report; (iii) makes available 24-hour emergency care services; and (iv) is not eligible for designation, or has not been designated, as a critical access hospital under section 1820. (B) TREATMENT OF PSYCHIATRIC AND REHABILITATION UNITS.—For purposes of paragraph (1)(B), beds in a psychiatric or rehabilitation unit of the hospital which is a distinct part of the hospital shall not be counted. (2) COVERED INPATIENT HOSPITAL SERVICES.—The term ‘‘covered inpatient hospital services’’ means inpatient hospital services, and includes extended care services furnished under an agreement under section 1883 of the Social Security Act (42 U.S.C. 1395tt).
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