text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Medicare and Medicaid Hospital Self-
  Referral Amendments of 1996''.
  
  SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE 
                PLANNING PROCESS.
  
      (a) Medicare Requirement.--Section 1861(ee)(2) of the Social 
  Security Act (42 U.S.C. 1395x(ee)(2)) is amended--
              (1) in subparagraph (D), by inserting before the period the 
          following: ``, including the availability of those services 
          through individuals and entities that participate in the 
          program under this title and that serve the area in which the 
          patient resides and that request to be listed by the hospital 
          as available''; and
              (2) by adding at the end the following:
              ``(H) Consistent with section 1802, the discharge plan 
          shall--
                      ``(i) not specify or otherwise limit the qualified 
                  provider which may provide post-hospital care, and
                      ``(ii) identify (in a form and manner specified by 
                  the Secretary) any provider (to whom the individual is 
                  referred) in which the hospital has a disclosable 
                  financial interest (as specified by the Secretary 
                  consistent with section 1866(a)(1)(R)) or which has 
                  such an interest in the hospital.''.
      (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act 
  (42 U.S.C. 1396b(i)) is amended--
              (1) by striking ``or'' at the end of paragraph (14),
              (2) by striking the period at the end of paragraph (15) and 
          inserting ``; or'', and
              (3) by inserting after paragraph (15) the following new 
          paragraph:
              ``(16) with respect to any amount expended for inpatient 
          hospital services of a hospital unless the hospital has in 
          place a discharge planning process that meets the requirements 
          of section 1861(ee) with respect to individuals entitled to 
          medical assistance under this title in the same manner as such 
          requirements otherwise apply to individuals entitled to 
          benefits under title XVIII.''.
      (c) Effective Dates.--The amendments made by subsection (a) shall 
  apply to discharges occurring on or after 90 days after the date of the 
  enactment of this Act. The amendments made by subsection (b) shall 
  apply to expenditures for inpatient hospital services with respect to 
  discharges occurring on or after 90 days after the date of the 
  enactment of this Act.
  
  SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL 
                SERVICE PROVIDERS.
  
      (a) Medicare Requirement.--Section 1866(a)(1) of the Social 
  Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
              (1) by striking ``and'' at the end of subparagraph (P),
              (2) by striking the period at the end of subparagraph (Q), 
          and
              (3) by adding at the end the following:
              ``(R) in the case of a hospital that has a financial 
          interest (as specified by the Secretary in regulations) in a 
          provider of post-hospital services (including an entity that 
          furnishes durable medical equipment), or in which such a 
          provider has such a financial interest, or in which another 
          entity has such a financial interest (directly or indirectly) 
          with such hospital and such a provider, to maintain and 
          disclose to the Secretary (in a form and manner specified by 
          the Secretary) information on--
              ``(i) the nature of such financial interest,
              ``(ii) the number of individuals who were discharged from 
          the hospital and who were identified as requiring the type of 
          post-hospital services provided by such provider, and
              ``(iii) the percentage of such individuals who received 
          such services from such provider (or another such provider).''.
      (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such 
  Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended--
              (1) by striking ``(A)'' after ``unless'', and
              (2) by inserting before the period at the end the 
          following: ``, and (B) the hospital is complying with the 
          requirements of section 1866(a)(1)(R)''.
      (c) Disclosure of Information to the Public.--Title XI of such Act 
  is amended by inserting after section 1145 the following new section:
  
     ``public disclosure of certain information on hospital financial 
                       interest and referral patterns
  
      ``Sec. 1146. The Secretary shall make available to the public, in a 
  form and manner specified by the Secretary, information disclosed to 
  the Secretary pursuant to section 1866(a)(1)(R) or section 
  1903(i)(16).''.
      (d) Effective Date.--The Secretary of Health and Human Services 
  shall issue regulations by not later than 1 year after the date of the 
  enactment of this Act to carry out the amendments made by this section 
  and such amendments shall take effect as of such date (on or after the 
  issuance of such regulations) as the Secretary specifies in such 
  regulations.
target: Medicare and Medicaid Hospital Self-Referral Amendments of 1996 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to:  (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals. 
  Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns by the Secretary of Health and Human Services.
feat_title: Medicare and Medicaid Hospital Self-Referral Amendments of 1996