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1 "(8) For additional requirements applicable to deter2 mination of reasonable cost for services provided by hos
3 pitals, see subsection (aa).".
(b) Section 1861 of the Act is amended by adding
5 after subsection (z) the following subsection:
"CRITERIA FOR DETERMINING REASONABLE COST OF
“(aa) (1) To more fairly and effectively determine 9 reasonable costs incurred in providing hospital services, the 10 Secretary shall, not later than April 1, 1978, after consult11 ing with appropriate national organizations, establish
"(A) an accounting and uniform functional cost reporting system (including uniform procedures for allocation of costs) for determining operating and capital costs of hospitals providing services, and
"(B) a system of hospital classification under which hospitals furnishing services will initially be classified as follows:
"(i) by size, with each of the following groups of hospitals being classified in separate categories: (I) those having more than 5, but fewer than 25, beds, (II) those having more than 24, but fewer than 50, beds, (III) those having more than
49, but fewer than 100, beds, (IV) those having
more than 99, but fewer than 200, beds, (V)
2 2 2 25
those having more than 199, but fewer than 300, beds, (VI) those having more than 299, but fewer than 400, beds, (VII) those having more than 399, but fewer than 500, beds, and (VIII) those having more than 499 beds,
"(ii) by type of hospital, with (I) shortterm general hospitals being in a separate category, (II) hospitals which are the primary affiliates of accredited medical schools (with one hospital to
be nominated by each accredited medical school) being in one separate category (without regard to
bed size), and (III) psychiatric, geriatric, mater
nity, pediatric, or other specialty hospitals being in
the same or separate categories, as the Secretary may determine appropriate, in light of any differ
ences in specialty which significantly affect the routine costs of the different types of hospitals, and
"(iii) other criteria which the Secretary may
find appropriate, including modification of bed-size categories;
but the system of hospital classification shall not differentiate between hospitals on the basis of ownership.
"(2) The term 'routine operating costs' used in this
24 subsection does not include:
"(A) capital and related costs,
"(B) direct personnel and supply costs of hospital education and training programs,
"(C) costs of interns, residents, and non-adminis
"(D) energy costs associated with heating and cooling the hospital plant, and
"(E) malpractice insurance expense, or,
"(F) ancillary service costs.
"(3) (A) During the calendar quarter beginning on
10 January 1 of each year, beginning with 1979, the Secretary 11 shall determine, for the hospitals in each category of the system established under paragraph (1) (B), an average 13 per diem routine operating cost amount which shall (except 14 as otherwise provided in this subsection) be used in deter15 mining payments to hospitals.
16 "(B) The determination shall be based upon the amount 17 of the hospitals' routine operating costs for the preceding 18 fiscal year.
19 "(C) In making a determination, the routine operating 20 costs of each hospital shall be divided into personnel and 21 nonpersonnel components.
"(D) (i) The personnel and nonpersonnel components 23 of routine operating costs for each of the hospitals (other 24 than for those excluded under clause (ii)) in each 25 category shall be added for all hospitals and then divided
1 by the total number of days of routine care provided by the 2 hospitals in the category to determine the average per diem 3 routine operating cost for each category.
4 "(ii) In making the calculations required by clause 5 (1), the Secretary shall exclude any hospital which has sig6 nificant understaffing problems or which otherwise experiences significant cost differentials resulting from failure of 8 the hospital to fully meet the standards and conditions of 9 participation as a provider of services as determined by the 10 Secretary.
“(E) There shall be determined for each hospital in 12 each category a per diem payment rate for routine operating 13 costs. That payment rate shall equal the average per diem 14 routine operating cost amount for the category in which 15 the hospital is expected to be classified during the subsequent 16 fiscal year, except that the personnel component shall be 17 adjusted using a wage index based upon general wage levels 18 (including fringe benefit costs) in the areas in which the 19 hospitals are located. If the Secretary finds that, in an area 20 where one or more hospitals in any category are located, 21 for the fiscal year ending June 30, 1977, the wage level 22 (including fringe benefit costs) for hospitals is significantly 23 higher than the general wage level (including fringe bene24 fit costs) in that area (relative to the relationship between 25 hospital wages and general wages in other areas), then
1 the general wage level in the area shall be deemed equal
2 to the wage level for hospitals in that area, but only during
3 fiscal year 1979.
“(4) (A) (i) The term 'adjusted per diem payment rate 5 for routine operating costs', means the per diem payment rate 6 for routine operating costs plus the average percentage 7 increase in prices determined under succeeding provisions 8 of this subparagraph.
9 "(ii) In making payments for services, the Secretary 10 shall add a semiannual average percentage increase in the 11 cost of the mix of goods and services (including personnel 12 and nonpersonnel costs) comprising routine operating costs, 13 equal to the lesser of: (I) the average percentage increase 14 estimated by the hospital, or (II) the average percentage 15 increase in the area estimated by the Secretary.
16 "(iii) At the end of the fiscal year, the amounts paid 17 under clause (ii) shall be adjusted to reflect the lesser of 18 (I) the actual cost increase experienced by the hospital or (II) the actual increase in costs which occurred in the 20 mix of goods and services in the area. Adjustments shall also 21 be made to take account of unexpected changes in the hos22 pital's classification.
"(B) For purposes of payment the amount of routine
24 operating cost incurred by a hospital shall be deemed to