HouseH.R. 9468119th Congress

STAR Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9468 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9468

  To amend title XVIII of the Social Security Act to adjust long-term 
        care hospital payment rates under the Medicare program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2026

 Mr. Hern of Oklahoma (for himself, Mrs. Miller of West Virginia, and 
 Mr. Smucker) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to adjust long-term 
        care hospital payment rates under the Medicare program.

    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 ``Saving Today's Acute-Care Resources 
Act'' or the ``STAR Act''.

SEC. 2. ADJUSTING LONG-TERM CARE HOSPITAL PAYMENT RATES UNDER THE 
              MEDICARE PROGRAM.

    (a) Extension of Site Neutral Payment Reductions.--Section 
1886(m)(6)(B)(iv) of the Social Security Act (42 U.S.C. 
1395ww(m)(6)(B)(iv)) is amended by striking ``2026'' and inserting 
``2032''.
    (b) Modification of Criteria for Nonapplication of Site Neutral 
Payment Rate.--
            (1) Addition of high acuity criterion.--Section 
        1886(m)(6)(A) of the Social Security Act (42 U.S.C. 
        1395ww(m)(6)(A)) is amended--
                    (A) in clause (ii)(I), by striking ``or the 
                ventilator criterion under clause (iv)'' and inserting 
                ``, the ventilator criterion under clause (iv), or the 
                high acuity criterion described in clause (v)''; and
                    (B) by adding at the end the following new clause:
                            ``(v) High acuity criterion.--
                                    ``(I) In general.--The criterion 
                                specified in this clause (in this 
                                paragraph referred to as the `high 
                                acuity criterion') for a discharge from 
                                a long-term care hospital in a fiscal 
                                year is that--
                                            ``(aa) the stay in the 
                                        long-term care hospital ending 
                                        with such discharge was 
                                        immediately preceded by a 
                                        discharge from a stay in a 
                                        subsection (d) hospital or a 
                                        stay in a critical access 
                                        hospital;
                                            ``(bb) the individual 
                                        discharged was assigned to a 
                                        Medicare-Severity-Long-Term-
                                        Care-Diagnosis-Related-Group 
                                        (MS-LTC-DRG) that was a 
                                        specified MS-LTC-DRG (as 
                                        described in subclause (II)) 
                                        with respect to such fiscal 
                                        year;
                                            ``(cc) the discharge was 
                                        from a long-term care 
                                        hospital--

                                                    ``(AA) that 
                                                enrolled under this 
                                                title as such a 
                                                hospital before the 
                                                date of the enactment 
                                                of this clause;

                                                    ``(BB) whose 
                                                qualifying period (as 
                                                described in section 
                                                412.23(e)(4)(iv) of 
                                                title 42, Code of 
                                                Federal Regulations (or 
                                                a successor 
                                                regulation)) began 
                                                before such date;

                                                    ``(CC) that met the 
                                                mid-build requirements 
                                                described in subclause 
                                                (III); or

                                                    ``(DD) that had 
                                                obtained an approved 
                                                certificate of need 
                                                from the State in which 
                                                such hospital is 
                                                located before such 
                                                date, if required by 
                                                State law; and

                                            ``(dd) the discharge 
                                        occurred on or after October 1, 
                                        2026.
                                    ``(II) Specified ms-ltc-drg 
                                defined.--For purposes of subclause 
                                subclause (I)(bb), the term `specified 
                                MS-LTC-DRG' means, with respect to a 
                                fiscal year, an MS-LTC-DRG--
                                            ``(aa) with a relative 
                                        weight of 0.8 or greater; and
                                            ``(bb) that is not assigned 
                                        on the basis of the receipt of 
                                        ventilator services of at least 
                                        96 hours.
                                    ``(III) Mid-build requirements 
                                described.--For purposes of subclause 
                                (I)(cc), the mid-build requirements 
                                described in this clause are, with 
                                respect to a long-term care hospital, 
                                that--
                                            ``(aa) such hospital had a 
                                        binding written agreement with 
                                        an outside, unrelated party for 
                                        the actual construction, 
                                        renovation, lease, or 
                                        demolition of such hospital in 
                                        effect as of the date of the 
                                        enactment of this clause and, 
                                        prior to such date, had 
                                        expended at least 10 percent 
                                        (or, if less, $2,500,000) of 
                                        the estimated cost of such 
                                        construction, renovation, 
                                        lease, or demolition; and
                                            ``(bb) the Secretary 
                                        receives, not later than 60 
                                        days after such date, from the 
                                        chief executive officer or 
                                        chief operating officer of such 
                                        hospital a written 
                                        certification that the hospital 
                                        met the requirement under item 
                                        (aa).''.
            (2) Modification of icu and ventilator criteria.--Section 
        1886(m)(6)(A) of the Social Security Act (42 U.S.C. 
        1395ww(m)(6)(A)) is amended--
                    (A) in clause (iii)(I), by inserting ``or, with 
                respect to discharges from a long-term care hospital 
                occurring on or after October 1, 2026, by a discharge 
                from a stay in such a hospital or a stay in a critical 
                access hospital,'' after ``in a subsection (d) 
                hospital''; and
                    (B) in clause (iv)(I), by inserting ``or, with 
                respect to discharges from a long-term care hospital 
                occurring on or after October 1, 2026, by a discharge 
                from a stay in such a hospital or a stay in a critical 
                access hospital'' after ``in a subsection (d) 
                hospital''.
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