Pub. L. 105-33, tit. IV, subtit. E, ch. 2, subch. A, sec. 4416
CHANGE IN PAYMENT AND TARGET AMOUNT FOR NEW PROVIDERS.
SEC. 4416. CHANGE IN PAYMENT AND TARGET AMOUNT FOR NEW PROVIDERS. Section 1886(b) (42 U.S.C. 1395ww(b)) is amended— (1) by adding at the end the following new paragraph: “(7)(A) Notwithstanding paragraph (1), in the case of a hospital or unit that is within a class of hospital described in subparagraph (B) which first receives payments under this section on or after October 1, 1997— “(i) for each of the first 2 cost reporting periods for which the hospital has a settled cost report, the amount of the payment with respect to operating costs described in paragraph (1) under part A on a per discharge or per admission basis (as the case may be) is equal to the lesser of— “(I) the amount of operating costs for such respective period, or “(II) 110 percent of the national median of the target amount for hospitals in the same class as the hospital for cost reporting periods ending during fiscal year 1996, updated by the hospital market basket increase percentage to the fiscal year in which the hospital first received payments under this section, as adjusted under subparagraph (C); and “(ii) for purposes of computing the target amount for the subsequent cost reporting period, the target amount for the preceding cost reporting period is equal to the amount determined under clause (i) for such preceding period. “(B) For purposes of this paragraph, each of the following shall be treated as a separate class of hospital:111 STAT. 408 “(i) Hospitals described in clause (i) of subsection (d)(1)(B) and psychiatric units described in the matter following clause (v) of such subsection. “(ii) Hospitals described in clause (ii) of such subsection and rehabilitation units described in the matter following clause (v) of such subsection. “(iii) Hospitals described in clause (iv) of such subsection. “(C) In applying subparagraph (A)(i)(II) in the case of a hospital or unit, the Secretary shall provide for an appropriate adjustment to the labor-related portion of the amount determined under such subparagraph to take into account differences between average wage-related costs in the area of the hospital and the national average of such costs within the same class of hospital.”; and (2) in paragraph (3)(A), as amended in sections 4413 and 4414, by inserting “and in paragraph (7)(A)(ii),” before “for purposes of”.