PUBLIC LAW 110–161—DEC. 26, 2007 (RESCISSION
121 STAT. 2189
OF FUNDS)
dkrause on GSDDPC44 with PUBLAW
SEC. 224. Of the funds available within the Health Professions Student Loan program authorized in subpart II, Federally-Supported Student Loan Funds, of title VII of the Public Health Service Act, $15,000,000 are rescinded. SEC. 225. (a) CONTINUATION OF AVAILABILITY OF PERMITTED NUMBER OF MEDICAL RESIDENCY POSITIONS UNDER THE MEDICARE PROGRAM.—Section 1886(h)(4)(H) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)) is amended by adding at the end the following: ‘‘(v) SPECIAL PROVIDER AGREEMENT.—If an entity enters into a provider agreement pursuant to section 1866(a) to provide hospital services on the same physical site previously used by Medicare Provider No. 05–0578— ‘‘(I) the limitation on the number of total full time equivalent residents under subparagraph (F) and clauses (v) and (vi)(I) of subsection (d)(5)(B) applicable to such provider shall be equal to the limitation applicable under such provisions to Provider No. 05–0578 for its cost reporting period ending on June 30, 2006; and ‘‘(II) the provisions of subparagraph (G) and subsection (d)(5)(B)(vi)(II) shall not be applicable to such provider for the first three cost reporting years in which such provider trains residents under any approved medical residency training program.’’. (b) TECHNICAL CORRECTION OF SECTION 422 OF MMA.— (1) IN GENERAL.—Section 1886(h)(7) of the Social Security Act (42 U.S.C. 1395ww(h)(7)) is amended— (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: ‘‘(D) ADJUSTMENT BASED ON SETTLED COST REPORT.— In the case of a hospital with a dual accredited osteopathic and allopathic family practice program for which— ‘‘(i) the otherwise applicable resident limit was reduced under subparagraph (A)(i)(I); and ‘‘(ii) such reduction was based on a reference resident level that was determined using a cost report and where a revised or corrected notice of program reimbursement was issued for such cost report between September 1, 2006 and September 15, 2006, whether as a result of an appeal or otherwise, and the reference resident level under such settled cost report is higher than the level used for the reduction under subparagraph (A)(i)(I); the Secretary shall apply subparagraph (A)(i)(I) using the higher resident reference level and make any necessary adjustments to such reduction. Any such necessary adjustments shall be effective for portions of cost reporting periods occurring on or after July 1, 2005.’’. (2) EFFECTIVE DATE.—Subject to paragraph (3), the amendments made by paragraph (1) shall take effect as if included
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