To amend title XVIII of the Social Security Act to restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals 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 ``CAH Designation Waiver Authority Act of 2011''.
SEC. 2. RESTORING STATE AUTHORITY TO WAIVE THE 35-MILE RULE FOR MEDICARE CRITICAL ACCESS HOSPITAL DESIGNATIONS.
Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i- 4(c)(2)) is amended-- (1) in subparagraph (B)(i)(II), by inserting ``or, subject to subparagraph (F), on or after the date of enactment of the CAH Designation Waiver Authority Act of 2011'' after ``January 1, 2006,''; and (2) by adding at the end the following new subparagraph: ``(F) Limitations for certain new designations.--A State may not use the authority under subparagraph (B)(i)(II) to designate a facility as a critical access hospital on or after the date of enactment of the CAH Designation Waiver Authority Act of 2011 unless each of the following requirements is met: ``(i) As of the date of the enactment of the CAH Designation Waiver Authority Act of 2011, the facility was assigned a Medicare provider number as an acute inpatient hospital. ``(ii) The Secretary determines that such designation would not result in the total number of facilities that have been designated as critical access hospitals in all States on or after the date of...