Page:United States Statutes at Large Volume 124.djvu/972

124 STAT. 946 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(5) MEDICARE DEMONSTRATION PROJECT BASED ON THE RESULTS OF THE STUDY.— ‘‘(A) IN GENERAL.—Subject to subparagraph (D), taking into account the results of the study conducted under para- graph (1), the Secretary may, as determined appropriate, provide for a demonstration project to test whether making payment adjustments for home health services under the Medicare program would substantially improve access to care for patients with high severity levels of illness or for low-income or underserved Medicare beneficiaries. ‘‘(B) WAIVING BUDGET NEUTRALITY.—The Secretary shall not reduce the standard prospective payment amount (or amounts) under section 1895 of the Social Security Act (42 U.S.C. 1395fff) applicable to home health services furnished during a period to offset any increase in pay- ments during such period resulting from the application of the payment adjustments under subparagraph (A). ‘‘(C) NO EFFECT ON SUBSEQUENT PERIODS.—A payment adjustment resulting from the application of subparagraph (A) for a period— ‘‘(i) shall not apply to payments for home health services under title XVIII after such period; and ‘‘(ii) shall not be taken into account in calculating the payment amounts applicable for such services after such period. ‘‘(D) DURATION.—If the Secretary determines it appro- priate to conduct the demonstration project under this sub- section, the Secretary shall conduct the project for a four year period beginning not later than January 1, 2015. ‘‘(E) FUNDING.—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) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t), in such proportion as the Secretary determines appropriate, of $500,000,000 for the period of fiscal years 2015 through 2018. Such funds shall be made available for the study described in paragraph (1) and the design, implementation and evaluation of the dem- onstration described in this paragraph. Amounts available under this subparagraph shall be available until expended. ‘‘(F) EVALUATION AND REPORT.—If the Secretary deter- mines it appropriate to conduct the demonstration project under this subsection, the Secretary shall— ‘‘(i) provide for an evaluation of the project; and ‘‘(ii) submit to Congress, by a date specified by the Secretary, a report on the project. ‘‘(G) ADMINISTRATION.—Chapter 35 of title 44, United States Code, shall not apply with respect to this sub- section.’’. SEC. 10316. MEDICARE DSH. Section 1886(r)(2)(B) of the Social Security Act, as added by section 3133, is amended— (1) in clause (i)— (A) in the matter preceding subclause (I), by striking ‘‘(divided by 100)’’; 42 USC 1395ww. Determination.