Protecting Hospital Outpatient and Community Clinic Services Act of 2008

Protecting Hospital Outpatient and Community Clinic Services Act of 2008 - Prohibits the Secretary of Health and Human Services from taking any action before April 1, 2009 (including promulgation of regulations, issuance of regulatory guidance, use of federal payment audit procedures, or other administrative action, policy, or practice, including a Medical Assistance Manual transmittal or letter to state Medicaid directors), to impose any restrictions relating to a specified proposed regulation, if such restrictions are more restrictive in any aspect than those that applied to the subject matter of the proposed regulation as of September 27, 2007.

Identifies the proposed regulation as the one published on September 28, 2007, relating to the outpatient clinic and hospital facility services definition and upper payment limit under title XIX (Medicaid) of the Social Security Act.

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7219 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7219

 To impose a moratorium on the implementation of a Medicaid regulation 
    related to the outpatient clinic and hospital facility services 
                  definition and upper payment limit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2008

Mr. McHugh (for himself, Mr. Arcuri, Mr. Kuhl of New York, Mr. Walsh of 
  New York, Mrs. Lowey, Mr. Allen, Mr. Hinchey, Mrs. Gillibrand, Mrs. 
  Maloney of New York, and Mr. Towns) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To impose a moratorium on the implementation of a Medicaid regulation 
    related to the outpatient clinic and hospital facility services 
                  definition and upper payment limit.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Hospital Outpatient and 
Community Clinic Services Act of 2008''.

SEC. 2. MORATORIUM ON REGULATION RELATED TO OUTPATIENT CLINIC AND 
              HOSPITAL FACILITY SERVICES DEFINITION AND UPPER PAYMENT 
              LIMIT.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Health and Human Services shall not take, before April 1, 
2009, any action (including promulgation of regulation, issuance of 
regulatory guidance, use of Federal payment audit procedures, or other 
administrative action, policy, or practice, including a Medical 
Assistance Manual transmittal or letter to State Medicaid directors) to 
impose any restrictions relating to the provision described in 
subsection (b) if such restrictions are more restrictive in any aspect 
than those that applied to the subject matter of the provision as of 
September 27, 2007.
    (b) Proposed Regulation Relating to Redefinition of Medicaid 
Outpatient Hospital Services.--The provision described in this 
subsection is the proposed regulation relating to clarification of 
outpatient clinic and hospital facility services definition and upper 
payment limit under the Medicaid program published on September 28, 
2007 (72 Federal Register 55158) in its entirety.
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