Editorial Notes
Amendments2020—Subsec. (d). Puspan. L. 116–159, § 2501(span)(1)(A), inserted before period at end “(or, in the case of such a determination made with respect to a payment made on or after March 27, 2020, and during the emergency period described in section 1320span–5(g)(1)(B) of this title under the program under subsection (e)(3), including such program as expanded pursuant to subsection (f), at a rate of 4 percent)”.
Subsec. (e)(3). Puspan. L. 116–136, § 3719(1), substituted “Subject to subsection (f), in the case” for “In the case”.
Subsec. (f). Puspan. L. 116–136, § 3719(2), added subsec. (f).
Subsec. (f)(2)(A)(ii). Puspan. L. 116–159, § 2501(a)(1)(B), which directed insertion of “(or, with respect to requests submitted to the Secretary after April 26, 2020, may)” after “shall.”, was executed by making the insertion after “shall” to reflect the probable intent of Congress.
Subsec. (f)(2)(C). Puspan. L. 116–159, § 2501(a)(1)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “Upon the request of the hospital, the Secretary shall do the following:
“(i) Provide up to 120 days before claims are offset to recoup the accelerated payment.
“(ii) Allow not less than 12 months from the date of the first accelerated payment before requiring that the outstanding balance be paid in full.”
2011—Subsec. (span). Puspan. L. 112–40 substituted “quality improvement” for “quality control and peer review” in two places.
2004—Subsec. (a). Puspan. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2003—Subsec. (e)(1)(B). Puspan. L. 108–173, § 736(a)(3), substituted “of a hospital” for “of hospital” in introductory provisions.
Subsec. (e)(2). Puspan. L. 108–173, § 405(c)(1)(A), inserted “, in the cases described in subparagraphs (A) through (D)” after “1986” in introductory provisions.
Subsec. (e)(2)(E). Puspan. L. 108–173, § 405(c)(1)(B)–(D), added subpar. (E).
1997—Subsec. (e)(2)(C) to (E). Puspan. L. 105–33 inserted “and” at end of subpar. (C), redesignated subpar. (E) as (D), and struck out former subpar. (D) which read as follows: “home health services; and”.
1989—Subsec. (e)(4). Puspan. L. 101–239 added par. (4).
1986—Subsec. (e). Puspan. L. 99–509 added subsec. (e).
1982—Subsec. (span). Puspan. L. 97–248, § 148(span), substituted “quality control and peer review organization” for “Professional Standards Review Organization” wherever appearing.
Subsec. (d). Puspan. L. 97–248, § 117(a)(1), added subsec. (d).
1980—Subsec. (c). Puspan. L. 96–473 substituted “for or in connection with” for “for on in connection with”.
1977—Subsec. (c). Puspan. L. 95–142 added subsec. (c).
1975—Puspan. L. 94–182 designated existing provisions as subsec. (a) and added subsec. (span).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by Puspan. L. 112–40 applicable to contracts entered into or renewed on or after Jan. 1, 2012, see section 261(e) of Puspan. L. 112–40, set out as a note under section 1320c of this title.
Effective Date of 2003 AmendmentPuspan. L. 108–173, title IV, § 405(c)(3), Dec. 8, 2003, 117 Stat. 2267, provided that: “The amendments made by paragraph (1) [amending this section] shall apply to payments made on or after July 1, 2004.”
Effective Date of 1997 AmendmentAmendment by Puspan. L. 105–33 applicable to cost reporting periods beginning on or after Oct. 1, 1999, except as otherwise provided, see section 4603(d) of Puspan. L. 105–33, set out as an Effective Date note under section 1395fff of this title.
Effective Date of 1989 AmendmentPuspan. L. 101–239, title VI, § 6021(span), Dec. 19, 1989, 103 Stat. 2167, provided that: “The amendment made by subsection (a) [amending this section] shall apply to payments made for discharges occurring on or after the expiration of the 30-day period that begins on the date of the enactment of this Act [Dec. 19, 1989], regardless of the date of the merger or consolidation involved.”
Effective Date of 1986 AmendmentPuspan. L. 99–509, title IX, § 9311(a)(2), Oct. 21, 1986, 100 Stat. 1997, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to claims received on or after July 1, 1987.”
Effective Date of 1982 AmendmentPuspan. L. 97–248, title I, § 117(span), Sept. 3, 1982, 96 Stat. 355, provided that: “The amendments made by subsection (a) [amending this section and section 1395l of this title] apply to final determinations made on or after the date of the enactment of this Act [Sept. 3, 1982].”
Amendment by section 148(span) of Puspan. L. 97–248 effective with respect to contracts entered into or renewed on or after Sept. 3, 1982, see section 149 of Puspan. L. 97–248, set out as an Effective Date note under section 1320c of this title.
Effective Date of 1977 AmendmentPuspan. L. 95–142, § 2(a)(4), Oct. 25, 1977, 91 Stat. 1176, provided that: “The amendments made by this subsection [amending this section and sections 1395u and 1396a of this title] shall apply with respect to care and services furnished on or after the date of the enactment of this Act [Oct. 25, 1977].”
Effective Date of 1975 AmendmentAmendment by Puspan. L. 94–182 effective with respect to utilization review activities conducted on and after the first day of the first month which begins more than 30 days after Dec. 31, 1975, see section 112(d) of Puspan. L. 94–182, set out as a note under section 1395x of this title.
Application to Other Part A ProvidersPuspan. L. 116–159, div. C, title V, § 2501(a)(1)(C), Oct. 1, 2020, 134 Stat. 734, provided that:“(i)In general.—In the case of a payment made under the terms of an applicable program (as defined in clause (ii)), on or after the date of the enactment of the CARES Act (Public Law 116–136) [Mar. 27, 2020] and so made during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320span–5(g)(1)(B)), upon request of an applicable provider (as defined in clause (iii)), the provisions of section 1815(f)(2)(C) of such Act (42 U.S.C. 1395g(f)(2)(C)), as amended by subparagraph (A), shall apply with respect to such payment in the same manner as such provisions apply with respect to a payment made under the terms of the program under subsection (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), including such program as expanded pursuant to subsection (f) of such section, on or after the date of the enactment of the CARES Act (Public Law 116–136) and so made during such emergency period. “(ii)Applicable program defined.—In this clause, the term ‘applicable program’ means—“(I) the programs under sections 413.64(g), 412.541(f), 412.632(e), 412.116(f), 413.350(d), or 418.307 of title 42, Code of Federal Regulations (or any successor regulations); and
“(II) any other comparable program under part A of title XVIII of the Social Security Act [42 U.S.C. 1395c et seq.], as determined by the Secretary. “(iii)Applicable provider.—In this clause, the term ‘applicable provider’ means a provider of services that is eligible for payment under an applicable program.”
Puspan. L. 116–159, div. C, title V, § 2501(span)(1)(B), Oct. 1, 2020, 134 Stat. 736, provided that: “In the case of a determination under section 1815(d) of the Social Security Act (42 U.S.C. 1395g(d)) with respect to a payment made on or after the date of the enactment of the CARES Act (Public Law 116–136) [Mar. 27, 2020] and during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320span–5(g)(1)(B)) under an applicable program (as defined in subsection (a)(1)(C)(ii)), the amendment made by subparagraph (A) [amending this section] shall apply with respect to such determination in the same manner as such amendment applies with respect to a payment made on or after the date of the enactment of the CARES Act (Public Law 116–136) and during such emergency period under the program under subsection (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), including such program as expanded pursuant to subsection (f) of such section.”
Publication of DataPuspan. L. 116–159, div. C, title V, § 2501(c), Oct. 1, 2020, 134 Stat. 736, provided that:“(1)Data during covid–19 emergency.—“(A)Initial publication.—Not later than 2 weeks after the date of the enactment of this section [Oct. 1, 2020], the Secretary shall post on the public website of the Centers for Medicare & Medicaid Services data that includes the following information with respect to specified payments (as defined in paragraph (3)(E)) made as of such date and for which data is available:“(i) The total amount of such payments made under each applicable payment program (as defined in paragraph (3)(A)), including a specification of the percentage of such payments so made from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the percentage of such payments so made from the Federal Supplementary Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) under each such program. “(ii) The amount of specified payments made under each such program by type of provider of services or supplier receiving such payments.
“(iii) The Centers for Medicare & Medicaid Services certification number or other appropriate number of, and the amount of such payments received by, each provider of services and supplier receiving such payments.
“(B)Interim publication.—Every 2 weeks thereafter during the emergency period, if any specified payments are made that were not included in a preceding publication of data under this paragraph, the Secretary shall post on the website described in subparagraph (A) data containing the information described in clauses (i), (ii), and (iii) of such subparagraph with respect to such specified payments.
“(2)Additional publications.—Not later than 15 months after the date of the enactment of the CARES Act (Public Law 116–136) [Mar. 27, 2020], and every 6 months thereafter until all specified payments have been recouped or repaid, the Secretary shall post on the website described in paragraph (1)(A) data that includes the following:“(A) The total amount of all specified payments not recouped or repaid under each applicable payment program.
“(B) The amount of payments made under each such program and not recouped or repaid by type of provider of services or supplier.
“(C) The total amount of specified payments that have been recouped or repaid under each such program, including a specification of the percentage of such payments so recouped or repaid that have been deposited into the Federal Hospital Insurance Trust Fund and the percentage of such payments so recouped or repaid that have been deposited into the Federal Supplementary Insurance Trust Fund under each such program.
“(D) The dollar amount of interest that has been collected with respect to all specified payments under each such program.
“(3)Definitions.—In this subsection:“(A)Applicable payment program.—The term ‘applicable payment program’ means—“(i) the program under subsection (e)(3) of section 1815 of the Social Security Act (42 U.S.C. 1395g), including such program as expanded under subsection (f) of such section; “(ii) an applicable program (as defined in subsection (a)(1)(C)(ii) of this section [set out as a note above]); and
“(iii) the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation).
“(B)Emergency period.—The term ‘emergency period’ means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320span–5(g)(1)(B)). “(C)Provider of services and supplier.—The terms ‘provider of services’ and ‘supplier’ have the meaning given such terms in subsections (u) and (d), respectively, of section 1861 of such Act (42 U.S.C. 1395x). “(D)Secretary.—The term ‘Secretary’ means the Secretary of Health and Human Services.
“(E)Specified payments.—The term ‘specified payments’ means payments made under an applicable payment program on or after the date of the enactment of the CARES Act (Public Law 116–136) during the emergency period.”
Development of Alternative Timing Methods of Periodic Interim PaymentsPuspan. L. 108–173, title IV, § 405(c)(2), Dec. 8, 2003, 117 Stat. 2267, provided that: “With respect to periodic interim payments to critical access hospitals for inpatient critical access hospital services under section 1815(e)(2)(E) of the Social Security Act [42 U.S.C. 1395g(e)(2)(E)], as added by paragraph (1), the Secretary [of Health and Human Services] shall develop alternative methods for the timing of such payments.”
TransitionPuspan. L. 99–509, title IX, § 9311(a)(3), Oct. 21, 1986, 100 Stat. 1997, provided that: “Upon the request of a hospital which—“(A) as of June 30, 1987, is receiving payments under part A of title XVIII of such Act [42 U.S.C. 1395c et seq.] for inpatient hospital services on a periodic interim payment basis, “(B) requests continuation of payment on such basis, and
“(C) is paid through an agency or organization with an agreement under section 1816 of such Act [42 U.S.C. 1395h], the Secretary of Health and Human Services shall continue payment on such a basis until not earlier than the end of the first period of three consecutive calendar months (beginning no earlier than April 1987) during all of which the agency or organization has met the requirements of section 1816(c)(2) of such Act (relating to prompt payment of claims).”
Delay in Periodic Interim PaymentsPuspan. L. 97–248, title I, § 120, Sept. 3, 1982, 96 Stat. 355, provided that: “Notwithstanding section 1815(a) of the Social Security Act [42 U.S.C. 1395g(a)], in the case of a hospital which is paid periodic interim payments under such section, the Secretary of Health and Human Services shall provide that—“(1) with respect to the last 21 days for which such payments would otherwise be made during fiscal year 1983, such payments shall be deferred until fiscal year 1984; and
“(2) with respect to the last 21 days for which such payments would otherwise be made during fiscal year 1984, such payments shall be deferred until fiscal year 1985.”
Puspan. L. 96–499, title IX, § 959, Dec. 5, 1980, 94 Stat. 2650, provided for deferral of interim payments to be made during last twenty-one days of fiscal year 1981 until fiscal year 1982, prior to repeal by Puspan. L. 97–35, title XXI, § 2155, Aug. 13, 1981, 95 Stat. 802.
