121 STAT. 2504
PUBLIC LAW 110–173—DEC. 29, 2007
dkrause on GSDDPC44 with PUBLAW
(2) EXCEPTION FOR CERTAIN LONG-TERM CARE HOSPITALS.— The moratorium under paragraph (1)(A) shall not apply to a long-term care hospital that as of the date of the enactment of this Act— (A) began its qualifying period for payment as a longterm care hospital under section 412.23(e) of title 42, Code of Federal Regulations, on or before the date of the enactment of this Act; (B) has a binding written agreement with an outside, unrelated party for the actual construction, renovation, lease, or demolition for a long-term care hospital, and has expended, before the date of the enactment of this Act, at least 10 percent of the estimated cost of the project (or, if less, $2,500,000); or (C) has obtained an approved certificate of need in a State where one is required on or before the date of the enactment of this Act. (3) EXCEPTION FOR BED INCREASES DURING MORATORIUM.— (A) IN GENERAL.—Subject to subparagraph (B), the moratorium under paragraph (1)(B) shall not apply to an increase in beds in an existing hospital or satellite facility if the hospital or facility— (i) is located in a State where there is only one other long-term care hospital; and (ii) requests an increase in beds following the closure or the decrease in the number of beds of another long-term care hospital in the State. (B) NO EFFECT ON CERTAIN LIMITATION.—The exception under subparagraph (A) shall not effect the limitation on increasing beds under sections 412.22(h)(3) and 412.22(f) of title 42, Code of Federal Regulations. (4) EXISTING HOSPITAL OR SATELLITE FACILITY DEFINED.— For purposes of this subsection, the term ‘‘existing’’ means, with respect to a hospital or satellite facility, a hospital or satellite facility that received payment under the provisions of subpart O of part 412 of title 42, Code of Federal Regulations, as of the date of the enactment of this Act. (5) JUDICIAL REVIEW.—There shall be no administrative or judicial review under section 1869 of the Social Security Act (42 U.S.C. 1395ff), section 1878 of such Act (42 U.S.C. 1395oo), or otherwise, of the application of this subsection by the Secretary. (e) LONG-TERM CARE HOSPITAL PAYMENT UPDATE.— (1) IN GENERAL.—Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ‘‘(m) PROSPECTIVE PAYMENT FOR LONG-TERM CARE HOSPITALS.— ‘‘(1) REFERENCE TO ESTABLISHMENT AND IMPLEMENTATION OF SYSTEM.—For provisions related to the establishment and implementation of a prospective payment system for payments under this title for inpatient hospital services furnished by a long-term care hospital described in subsection (d)(1)(B)(iv), see section 123 of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 and section 307(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000.
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