US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1396l

Hospital providers of nursing facility services

(a)
section 1395tt of this titlesection 1396r of this title Notwithstanding any other provision of this subchapter, payment may be made, in accordance with this section, under a State plan approved under this subchapter for nursing facility services furnished by a hospital which has in effect an agreement under and which, with respect to the provision of such services, meets the requirements of subsections (b) through (d) of .
(b)
(1)
1
1 So in original, “, respectively,” probably should not appear.
Except as provided in paragraph (3), payment to any such hospital, for any nursing facility services furnished pursuant to subsection (a), shall be at a rate equal to the average rate per patient-day paid for routine services during the previous calendar year under the State plan to nursing facilities, respectively, located in the State in which the hospital is located. The reasonable cost of ancillary services shall be determined in the same manner as the reasonable cost of ancillary services provided for inpatient hospital services.
(2)
section 1395tt of this title With respect to any period for which a hospital has an agreement under , in order to allocate routine costs between hospital and long-term care services, the total reimbursement for routine services due from all classes of long-term care patients (including subchapter XVIII, this subchapter, and private pay patients) shall be subtracted from the hospital total routine costs before calculations are made to determine reimbursement for routine hospital services under the State plan.
(3)
section 1396a(a)(13)(A) of this title Payment to all such hospitals, for any nursing facility services furnished pursuant to subsection (a), may be made at a payment rate established by the State in accordance with the requirements of .

Aug. 14, 1935, ch. 531Pub. L. 96–499, title IX, § 904(b)94 Stat. 2617Pub. L. 98–369, div. B, title III, § 2369(a)98 Stat. 1110Pub. L. 100–203, title IV, § 4211(h)(9)101 Stat. 1330–206(, title XIX, § 1913, as added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 100–203, § 4211(h)(9)(A)1987—, substituted “nursing facility services” for “skilled nursing and intermediate care services” in section catchline.

Pub. L. 100–203, § 4211(h)(9)(B)section 1396r of this titleSubsec. (a). , substituted “nursing facility services” for “skilled nursing facility services and intermediate care facility services” and inserted “and which, with respect to the provision of such services, meets the requirements of subsections (b) through (d) of ” before period at end.

Pub. L. 100–203, § 4211(h)(9)(C)Subsec. (b)(1). , substituted “nursing facility services” for “skilled nursing or intermediate care facility services” and “nursing facilities” for “skilled nursing and intermediate care facilities”.

Pub. L. 100–203, § 4211(h)(9)(D)Subsec. (b)(3). , substituted “nursing facility services” for “skilled nursing or intermediate care facility services”.

Pub. L. 98–369, § 2369(a)(1)1984—Subsec. (b)(1). , substituted “Except as provided in paragraph (3), payment” for “Payment”.

Pub. L. 98–369, § 2369(a)(2)Subsec. (b)(3). , added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Pub. L. 100–203section 1396r of this titlePub. L. 100–203section 1396r of this titleAmendment by applicable to nursing facility services furnished on or after , without regard to whether regulations implementing such amendment are promulgated by such date, except as otherwise specifically provided in , with transitional rule, see section 4214(a), (b)(2) of , as amended, set out as an Effective Date note under .

Effective Date of 1984 Amendment

Pub. L. 98–369, div. B, title III, § 2369(b)98 Stat. 1110

“The amendments made by this section [amending this section] shall apply to payments for services furnished after the date of the enactment of this Act [].”
, , , provided that:

Effective Date

section 904(d) of Pub. L. 96–499section 1395tt of this titleSection effective on date on which final regulations to implement the section are first issued, see , set out as an Effective Date note under .