PUBLIC LAW 106-113—APPENDIX F 113 STAT. 1501A-375 (B) was subsequently transferred on or after January 1, 1997, and before July 31, 1998, to a hospital that was not a Department of Veterans Affairs facility; and (C) was transferred because the approved medical residency program in which the resident or intern participated would lose accreditation by the Accreditation Council on Graduate Medical Education if such program continued to train residents at the Department of Veterans Affairs facility. (3) EFFECTIVE DATE.— (A) IN GENERAL.—Paragraph (1) applies as if included _ in the enactment of BBA. (B) RETROACTIVE PAYMENTS. — If the Secretary of Health and Human Services determines that a hospital operating an approved medical residency program is owed payments as a result of enactment of this subsection, the Secretary shall make such payments not later than 60 days after the date of the enactment of 1;his Act. SEC. 408. EUMINATION OF CERTAIN RESTRICTIONS WITH RESPECT TO HOSPITAL SWING BED PROGRAM., (a) ELIMINATION OF REQUIREMENT FOR STATE CERTIFICATE OF NEED. — Section 1883(b) (42 U.S.C. 1395tt(b)) is amended to read as follows: "(b) The Secretary may not enter into an agreement under this section with any hospital unless, except as provided under subsection (g), the hospital is located in a rural area and has less than 100 beds.". (b) ELIMINATION OF SWING BED RESTRICTIONS ON CERTAIN HOS- PITALS WITH MORE THAN 49 BEDS. — Section 1883(d) (42 U.S.C. 1395tt(d)) is amended— (1) by striking paragraphs (2) and (3); and (2) by striking "(d)( 1)" and inserting "(d)". (c) EFFECTIVE DATE. —The amendments made by this section take effect on the date that is the first day after the expiration of the transition period under section 1888(e)(2)(E) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(E)) for payments for covered skilled nursing facility services under the medicare program. SEC. 409. GRANT PROGRAM FOR RURAL HOSPITAL TRANSITION TO PROSPECTIVE PAYMENT. Section 1820(g) (42 U.S.C. 1395i-4(g)) is amended by adding at the end the following new paragraph: "(3) UPGRADING DATA SYSTEMS. — "(A) GRANTS TO HOSPITALS.—The Secretary may award grants to hospitals that have submitted applications in accordance with subparagraph (C) to assist eligible small rural hospitals in meeting the costs of implementing data systems required to meet requirements established under the medicare program pursuant to amendments made by the Balanced Budget Act of 1997. "(B) ELIGIBLE SMALL RURAL HOSPITAL DEFINED. —For purposes of this paragraph, the term 'eligible small rural hospital' means a non-Federal, short-term general acute care hospital that— "(i) is located in a rural area (as defined for purposes of section 1886(d)); and "(ii) has less than 50 beds.
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