Page:United States Statutes at Large Volume 124.djvu/713

124 STAT. 687 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(F) LIMITATION ON APPLICATION TO CERTAIN CON- VERTED FACILITIES.—The hospital was not converted from an ambulatory surgical center to a hospital on or after the date of enactment of this subsection. ‘‘(2) PUBLICATION OF INFORMATION REPORTED.—The Sec- retary shall publish, and update on an annual basis, the information submitted by hospitals under paragraph (1)(C)(i) on the public Internet website of the Centers for Medicare & Medicaid Services. ‘‘(3) EXCEPTION TO PROHIBITION ON EXPANSION OF FACILITY CAPACITY.— ‘‘(A) PROCESS.— ‘‘(i) ESTABLISHMENT.—The Secretary shall estab- lish and implement a process under which an applicable hospital (as defined in subparagraph (E)) may apply for an exception from the requirement under paragraph (1)(B). ‘‘(ii) OPPORTUNITY FOR COMMUNITY INPUT.—The process under clause (i) shall provide individuals and entities in the community in which the applicable hos- pital applying for an exception is located with the opportunity to provide input with respect to the application. ‘‘(iii) TIMING FOR IMPLEMENTATION.—The Secretary shall implement the process under clause (i) on August 1, 2011. ‘‘(iv) REGULATIONS.—Not later than July 1, 2011, the Secretary shall promulgate regulations to carry out the process under clause (i). ‘‘(B) FREQUENCY.—The process described in subpara- graph (A) shall permit an applicable hospital to apply for an exception up to once every 2 years. ‘‘(C) PERMITTED INCREASE.— ‘‘(i) IN GENERAL.—Subject to clause (ii) and subparagraph (D), an applicable hospital granted an exception under the process described in subparagraph (A) may increase the number of operating rooms, proce- dure rooms, and beds for which the applicable hospital is licensed above the baseline number of operating rooms, procedure rooms, and beds of the applicable hospital (or, if the applicable hospital has been granted a previous exception under this paragraph, above the number of operating rooms, procedure rooms, and beds for which the hospital is licensed after the application of the most recent increase under such an exception). ‘‘(ii) 100 PERCENT INCREASE LIMITATION.—The Sec- retary shall not permit an increase in the number of operating rooms, procedure rooms, and beds for which an applicable hospital is licensed under clause (i) to the extent such increase would result in the number of operating rooms, procedure rooms, and beds for which the applicable hospital is licensed exceeding 200 percent of the baseline number of operating rooms, procedure rooms, and beds of the applicable hospital. ‘‘(iii) BASELINE NUMBER OF OPERATING ROOMS, PROCEDURE ROOMS, AND BEDS.—In this paragraph, the term ‘baseline number of operating rooms, procedure Deadline. Deadline. Web posting.