Section 10317

SEC. 10317. REVISIONS TO EXTENSION OF SECTION 508 HOSPITAL PROVISIONS.

Section 3137[a] is amended to read as follows:

'[a] Extension-

'[1] IN GENERAL- Subsection [a] of section 106 of division B of the Tax Relief and Health Care Act of 2006 [42 U.S.C. 1395 note], as amended by section 117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 [Public Law 110-173] and section 124 of the Medicare Improvements for Patients and Providers Act of 2008 [Public Law 110-275], is amended by striking 'September 30, 2009' and inserting 'September 30, 2010'.

'[2] SPECIAL RULE FOR FISCAL YEAR 2010-

'[A] IN GENERAL- Subject to subparagraph [B], for purposes of implementation of the amendment made by paragraph [1], including [notwithstanding paragraph [3] of section 117[a] of the Medicare, Medicaid and SCHIP Extension Act of 2007 [Public Law 110-173], as amended by section 124[b] of the Medicare Improvements for Patients and Providers Act of 2008 [Public Law 110-275]] for purposes of the implementation of paragraph [2] of such section 117[a], during fiscal year 2010, the Secretary of Health and Human Services [in this subsection referred to as the 'Secretary'] shall use the hospital wage index that was promulgated by the Secretary in the Federal Register on August 27, 2009 [74 Fed. Reg. 43754], and any subsequent corrections.

'[B] EXCEPTION- Beginning on April 1, 2010, in determining the wage index applicable to hospitals that qualify for wage index reclassification, the Secretary shall include the average hourly wage data of hospitals whose reclassification was extended pursuant to the amendment made by paragraph [1] only if including such data results in a higher applicable reclassified wage index.

'[3] ADJUSTMENT FOR CERTAIN HOSPITALS IN FISCAL YEAR 2010-

'[A] IN GENERAL- In the case of a subsection [d] hospital [as defined in subsection [d][1][B] of section 1886 of the Social Security Act [42 U.S.C. 1395ww]] with respect to which--

'[i] a reclassification of its wage index for purposes of such section was extended pursuant to the amendment made by paragraph [1]; and

'[ii] the wage index applicable for such hospital for the period beginning on October 1, 2009, and ending on March 31, 2010, was lower than for the period beginning on April 1, 2010, and ending on September 30, 2010, by reason of the application of paragraph [2][B];

the Secretary shall pay such hospital an additional payment that reflects the difference between the wage index for such periods.

'[B] TIMEFRAME FOR PAYMENTS- The Secretary shall make payments required under subparagraph by not later than December 31, 2010.'.