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Full Text of this Amendment

SA 3357. Mr. DODD (for himself, Ms. STABENOW, Mr. LEVIN, and Mr. LIEBERMAN) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. BAUCUS to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 223 and insert the following:
SEC. 223. EXTENSION OF SECTION 508 HOSPITAL RECLASSIFICATIONS.
(a) 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".
(b) Special Rule for Fiscal Year 2010.--
(1) IN GENERAL.--Subject to paragraph (2), for purposes of implementation of the amendment made by subsection (a), 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.
(2) 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 subsection (a) only if including such data results in a higher applicable reclassified wage index. Any revision to hospital wage indexes made as a result of this paragraph shall not be effected in a budget
neutral manner.
(c) Adjustment for Certain Hospitals in Fiscal Year 2010.--
(1) 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--
(A) a reclassification of its wage index for purposes of such section was extended pursuant to the amendment made by subsection (a); and
(B) 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 subsection (b)(2);

the Secretary shall pay such hospital an additional payment that reflects the difference between the wage index for such periods.
(2) TIMEFRAME FOR PAYMENTS.--The Secretary shall make payments required under paragraph (1) by not later than December 31, 2010.
(As printed in the Congressional Record for the Senate on Mar 2, 2010.)