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Pursuant to Section 112 of the pending SGR Bill, it proffers additional exceptions for certain long term care hospitals:
"The moratorium ... shall not apply to a long term care hospital that -
(a) Began its qualifying period for payment as a long term care hospital under section 412.23(e) of title 42, Code of Federal Regulations, on or before the date of enactment of this paragraph;
(b) Has a binding written agreement as of the date of the enactment of this paragraph with an outside, unrelated party for the actual construction, renovation, lease, or demolition for a long-term care hospital, and has expended, before such date of enactment, at least 10 percent of the estimated cost of the project (or, if less, $2,500,000); or
(c) Has obtained an approved certificate of need in a State where one is required on or before such date of enactment."
In addition, the Pathway to SGR Reform Act of 2013 also initially extended a moratorium on LTACH development for a period beginning on January 1, 2015 and ending on September 30, 2017. This January 2015 date permits LTACH development to continue until the deadline. Notably, the pending SGR bill eliminates the January 1, 2015 deadline and changes the moratorium start date to the date of the enactment of this Bill into law. This is significant because the enactment could potentially occur before the prior anticipated development deadline of January 2015.
Murer Consultants will continue to monitor the Bill as it progresses through Congress and identify any further significant developments as we become aware of them. Please reach out to Murer Consultants with any questions, comments, or strategic positioning opportunities related to the Proposed Rule or other issues or problems you may be facing.
Murer Consultants
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