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U.S. Code as of:
01/19/04
Section 1396l. Hospital providers of nursing facility services
(a) Notwithstanding any other provision of this subchapter,
payment may be made, in accordance with this section, under a State
plan approved under this subchapter for nursing facility services
furnished by a hospital which has in effect an agreement under
section 1395tt of this title and which, with respect to the
provision of such services, meets the requirements of subsections
(b) through (d) of section 1396r of this title.
(b)(1) Except as provided in paragraph (3), payment to any such
hospital, for any nursing facility services furnished pursuant to
subsection (a) of this section, shall be at a rate equal to the
average rate per patient-day paid for routine services during the
previous calendar year under the State plan to nursing facilities,
respectively,)1(! located in the State in which the hospital is
located. The reasonable cost of ancillary services shall be
determined in the same manner as the reasonable cost of ancillary
services provided for inpatient hospital services.
(2) With respect to any period for which a hospital has an
agreement under section 1395tt of this title, in order to allocate
routine costs between hospital and long-term care services, the
total reimbursement for routine services due from all classes of
long-term care patients (including subchapter XVIII of this
chapter, this subchapter, and private pay patients) shall be
subtracted from the hospital total routine costs before
calculations are made to determine reimbursement for routine
hospital services under the State plan.
(3) Payment to all such hospitals, for any nursing facility
services furnished pursuant to subsection (a) of this section, may
be made at a payment rate established by the State in accordance
with the requirements of section 1396a(a)(13)(A) of this title.
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