SEC. 4301. MORATORIA ON CERTAIN MEDICARE REGULATIONS.

(a)

DELAY IN PHASE OUT OF MEDICARE HOSPICE BUDGET NEUTRALITY ADJUSTMENT FACTOR DURING FISCAL YEAR 2009.—Notwithstanding any other provision of law, including the final rule published on August 8, 2008, 73 Federal Register 46464 et seq., relating to Medicare Program; Hospice Wage Index for Fiscal Year 2009, the Secretary of Health and Human Services shall not phase out or eliminate the budget neutrality adjustment factor in the Medicare hospice wage index before October 1, 2009, and the Secretary shall recompute and apply the final Medicare hospice wage index for fiscal year 2009 as if there had been no reduction in the budget neutrality adjustment factor.

(c)

FUNDING FOR IMPLEMENTATION.—In addition to funds otherwise available, for purposes of implementing the provisions of subsections (a) and (b), including costs incurred in reprocessing claims in carrying out such provisions, the Secretary of Health and Human Services shall provide for the transfer from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) to the Centers for Medicare & Medicaid Services Program Management Account of $2,000,000 for fiscal year 2009.

SEC. 4302. LONG-TERM CARE HOSPITAL TECHNICAL CORRECTIONS.

(a)

PAYMENT.—Subsection (c) of section 114 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110– 173) is amended—

(1)

in paragraph (1)—

(A)

by amending the heading to read as follows: ‘‘DELAY IN APPLICATION OF 25 PERCENT PATIENT THRESHOLD PAYMENT ADJUSTMENT’’;

(B)

by striking ‘‘the date of the enactment of this Act’’ and inserting ‘‘July 1, 2007,’’; and

(C)

in subparagraph (A), by inserting ‘‘or to a long-term care hospital, or satellite facility, that as of December 29, 2007, was co-located with an entity that is a provider-based, off-campus location of a subsection (d) hospital which did not provide services payable under section 1886(d) of the Social Security Act at the off-campus location’’ after ‘‘freestanding long-term care hospitals’’; and

(2)

in paragraph (2)— H. R. 1—382

(A)

in subparagraph (B)(ii), by inserting ‘‘or that is described in section 412.22(h)(3)(i) of such title’’ before the period; and

(B)

in subparagraph (C), by striking ‘‘the date of the enactment of this Act’’ and inserting ‘‘October 1, 2007 (or July 1, 2007, in the case of a satellite facility described in section 412.22(h)(3)(i) of title 42, Code of Federal Regulations)’’.

(b)

MORATORIUM.—Subsection (d)(3)(A) of such section is amended by striking ‘‘if the hospital or facility’’ and inserting ‘‘if the hospital or facility obtained a certificate of need for an increase in beds that is in a State for which such certificate of need is required and that was issued on or after April 1, 2005, and before December 29, 2007, or if the hospital or facility’’.