DEVELOPMENT OF A STRATEGIC PLAN REGARDING PHYSICIAN INVESTMENT IN SPECIALTY HOSPITALS.

SEC. 5006. DEVELOPMENT OF A STRATEGIC PLAN REGARDING PHYSICIAN INVESTMENT IN SPECIALTY HOSPITALS.(a) Development.—(1) In general.—The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall develop a strategic and implementing plan to address issues described in paragraph (2) regarding physician investment in specialty hospitals (as defined in section 1877(h)(7)(A) of the Social Security Act (42 U.S.C. 1395nn(h)(7)(A)).(2) Issues described.—The issues described in this paragraph are the following:(A) Proportionality of investment return.(B) Bona fide investment.(C) Annual disclosure of investment information.(D) The provision by specialty hospitals of—(i) care to patients who are eligible for medical assistance under a State plan approved under title XIX of the Social Security Act, including patients not so eligible but who are regarded as such because they receive benefits under a demonstration project approved under title XI of such Act; and (ii) charity care.(E) Appropriate enforcement.(b) Reports.—(1) Interim report.—Not later than 3 months after the date of the enactment of this Act, the Secretary shall submit an interim report to the appropriate committees of jurisdiction of Congress on the status of the development of the plan under subsection (a).(2) Final report.—Not later than six months after the date of the enactment of this Act, the Secretary shall submit a final report to the appropriate committees of jurisdiction of Congress on the plan developed under subsection (a) together 120 STAT. 34 with recommendations for such legislation and administrative actions as the Secretary considers appropriate.(c) Continuation of Suspension on Enrollment.—(1) In general.—Subject to paragraph (2), the Secretary shall continue the suspension on enrollment of new specialty hospitals (as so defined) under title XVIII of the Social Security Act until the earlier of—(A) the date that the Secretary submits the final report under subsection (b)(2); or(B) the date that is six months after the date of the enactment of this Act.(2) Extension of suspension.—If the Secretary fails to submit the final report described in subsection (b)(2) by the date required under such subsection, the Secretary shall—(A) extend the suspension on enrollment under paragraph (1) for an additional two months; and(B) provide a certification to the appropriate committees of jurisdiction of Congress of such failure.(d) Waiver.—In developing the plan and report required under this section, the Secretary may waive such requirements of section 553 of title 5, United States Code, as the Secretary determines necessary.(e) Funding.—Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2006, $2,000,000 to carry out this section.