WHAT THE LAW DOINCongress, in plain words

The law › Title 42, The Public Health and Welfare › Chapter 7

42 U.S.C. 1395yy: Payment to skilled nursing facilities for routine service costs

Created in 1984 by Public Law 98-369. Changed by 17 later laws. 1 bill in this Congress would change it.

9 other sections of the Code cite this one, including 42 U.S.C. 1395i–3, 42 U.S.C. 1395l, 42 U.S.C. 1395m, 42 U.S.C. 1395u, 42 U.S.C. 1395x.

This Congress

  • H.R. 9877 Health Equity and Accountability Act of 2026 · introduced · would change (e)

How it got here

2022

  • Pub. L. 117–328 inserted "marriage and family therapist services (as defined in section 1395x(lll)(1) of this title), mental health counselor services (as defined in section 1395x(lll)(3) of this title)," after "qualified psychologist services,". (Consolidated Appropriations Act, 2023) Law text · (e)

2020

  • Pub. L. 116–260, §134(a), added subcl. (VI). (Consolidated Appropriations Act, 2021) Law text · (e)
  • Pub. L. 116–260, §111(a)(1), added subpar. (C). (Consolidated Appropriations Act, 2021) Law text · (h)
  • Pub. L. 116–260, §111(a)(2), inserted dash after "The Secretary" and cl. (i) designation before "shall apply", substituted "Program; and" for "Program.", added cl. (ii), and inserted concluding provisions. (Consolidated Appropriations Act, 2021) Law text · (h)
  • Pub. L. 116–260, §111(a)(3), substituted "measures" for "measure". (Consolidated Appropriations Act, 2021) Law text · (h), (4)
  • Pub. L. 116–260, §111(a)(4), added par. (12). (Consolidated Appropriations Act, 2021) Law text · (h)

2018

  • Pub. L. 115–123, §53111(1), substituted ", (iii), and (iv)" for "and (iii)". (Bipartisan Budget Act of 2018) Law text · (e)
  • Pub. L. 115–123, §53111(2), substituted "clauses (iii) and (iv)" for "clause (iii)". (Bipartisan Budget Act of 2018) Law text · (e)
  • Pub. L. 115–123, §53111(3), added cl. (iv). (Bipartisan Budget Act of 2018) Law text · (e)

2015

  • Pub. L. 114–10, §411(a)(1)(A), substituted "clauses (ii) and (iii)" for "clause (ii)". (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (e)
  • Pub. L. 114–10, §411(a)(1)(B), inserted "subject to clause (iii)," after "each subsequent fiscal year,". (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (e)
  • Pub. L. 114–10, §411(a)(1)(C), added cl. (iii). (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (e)
  • Pub. L. 114–10, §411(a)(2), substituted "clauses (ii) and (iii) of paragraph (5)(B)" for "paragraph (5)(B)(ii)". (Medicare Access and CHIP Reauthorization Act of 2015) Law text · (e), (ii)

2014

  • Pub. L. 113–185 amended par. (6) generally. Prior to amendment, text read as follows: "A skilled nursing facility, or a facility described in paragraph (7)(B), shall provide the Secretary, in a manner and within the timeframes prescribed by the Secretary, the resident assessment dat… (Improving Medicare Post-Acute Care Transformation Act of 2014" or the "IMPACT Act of 2014) Law text · (e)
  • Pub. L. 113–93, §215(a), added subsec. (g). (Protecting Access to Medicare Act of 2014) Law text · (g)
  • Pub. L. 113–93, §215(b), added subsec. (h). (Protecting Access to Medicare Act of 2014) Law text · (h)

2010

  • Pub. L. 111–148, §3401(b), designated existing provisions as cl. (i), inserted heading, substituted "Subject to clause (ii), the term" for "The term", and added cl. (ii). (Patient Protection and Affordable Care Act) Law text · (e)
  • Pub. L. 111–148, §6104, added subsec. (f). (Patient Protection and Affordable Care Act) Law text · (f)

2008

  • Pub. L. 110–275 inserted "telehealth services furnished under section 1395m(m)(4)(C)(ii)(VII) of this title," after "section 1395x(s)(2) of this title,". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (e)

2003

  • Pub. L. 108–173, §410(a)(1), substituted "clauses (ii), (iii), and (iv)" for "clauses (ii) and (iii)". (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (e)
  • Pub. L. 108–173, §410(a)(2), added cl. (iv). (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (e)
  • Pub. L. 108–173, §511(a), amended heading and text of par. (12) generally, substituting provisions relating to upward adjustment of per diem payment for residents of a skilled nursing facility with AIDS for provisions relating to per diem payment rule for certain qualified acute sk… (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (e)

2000

  • Pub. L. 106–554, §1(a)(6) [title III, §311(a)(3)], added subcl. (II). Former subcl. (II) redesignated (III). (Consolidated Appropriations Act, 2001) Law text · (e)
  • Pub. L. 106–554, §1(a)(6) [title III, §311(a)(1), (2)], redesignated subcl. (II) as (III) and substituted "each of fiscal years 2002 and 2003" for "each of fiscal years 2001 and 2002" and "minus 0.5 percentage points" for "minus 1 percentage point". Former subcl. (III) r… (Consolidated Appropriations Act, 2001) Law text · (e)
  • Pub. L. 106–554, §1(a)(6) [title III, §311(a)(1)], redesignated subcl. (III) as (IV). (Consolidated Appropriations Act, 2001) Law text · (e)
  • Pub. L. 106–554, §1(a)(6) [title II, §203(a)(1)], substituted "Treatment of" for "Transition for" in heading. (Consolidated Appropriations Act, 2001) Law text · (e)
  • Pub. L. 106–554, §1(a)(6) [title II, §203(a)(2), (3)], in heading substituted "Transition" for "In general" and in text substituted "Subject to subparagraph (C), the" for "The" and inserted "(other than critical access hospitals)" after "facilities described in subparagraph (B)". (Consolidated Appropriations Act, 2001) Law text · (e)
  • Pub. L. 106–554, §1(a)(6) [title II, §203(a)(4)], struck out ", for which payment is made for the furnishing of extended care services on a reasonable cost basis under section 1395f(l) of this title (as in effect on and after such date)" before period at end. (Consolidated Appropriations Act, 2001) Law text · (e)
  • Pub. L. 106–554, §1(a)(6) [title II, §203(a)(5)], added subpar. (C). (Consolidated Appropriations Act, 2001) Law text · (e)

1999

  • Pub. L. 106–113, §1000(a)(6) [title I, §105(a)(1)], substituted "subject to paragraphs (7), (11), and (12)" for "subject to paragraphs (7) and (11)" in introductory provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §102(a)(1)], substituted "paragraphs (7) and (11)" for "paragraph (7)" in introductory provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §103(a)(1)], substituted "items and services described in clauses (ii) and (iii)" for "services described in clause (ii)". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §103(a)(2)], added cl. (iii). (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §104(a)(1)(A)], inserted "or, in the case of a facility participating in the Nursing Home Case-Mix and Quality Demonstration (RUGS–III), the RUGS–III rate received by the facility during the cost reporting period beginning in 1997" after … (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §104(a)(1)(B)], substituted "furnished during the applicable cost reporting period described in clause (i)" for "furnished during such period". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §104(a)(2)], added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title III, §321(k)(18)(A)], substituted "Federal" for "federal". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title III, §321(k)(18)(B)], substituted "Federal" for "federal" in two places in introductory provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §103(b)(1)], added cl. (iii). (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §103(b)(2)], substituted "adjustments for variations in labor-related costs under paragraph (4)(G)(ii), and adjustments under paragraph (4)(G)(iii)" for "and adjustments for variations in labor-related costs under paragraph (4)(G)(ii)". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title III, §321(g)(1)], substituted "July 1, 1999" for "January 1, 1999,". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §103(a)(3)], inserted at end "In the case of an item or service described in clause (iii) of paragraph (2)(A) that would be payable under part A but for the exclusion of such item or service under such clause, payment shall be made for the item… (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §102(a)(2)], added par. (11). (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)
  • Pub. L. 106–113, §1000(a)(6) [title I, §105(a)(2), (b)], temporarily added par. (12). (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (e)

1997

  • Pub. L. 105–33, §4431, substituted "described in this subsection, except that the limits effective for cost reporting periods beginning on or after October 1, 1997, shall be based on the limits effective for cost reporting periods beginning on or after October 1, 1996." for "described … (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–33, §4432(b)(5)(H), substituted "Subject to subsection (e), any skilled nursing facility" for "Any skilled nursing facility". (Balanced Budget Act of 1997) Law text · (d)
  • Pub. L. 105–33, §4432(a), added subsec. (e). (Balanced Budget Act of 1997) Law text · (e)
  • Pub. L. 105–33, §4511(a)(2)(E), substituted "and (ii)" for "through (iii)". (Balanced Budget Act of 1997) Law text · (e)
  • Pub. L. 105–33, §4432(b)(3), added pars. (9) and (10). (Balanced Budget Act of 1997) Law text · (e), (10)

1993

  • Pub. L. 103–66, §13503(a)(2), inserted ", on or after October 1, 1995," after "October 1, 1992" in concluding provisions. · (a)
  • Pub. L. 103–66, §13503(a)(3)(A), substituted "Secretary may not recognize" for "Secretary shall recognize" and a period for "(as determined by the Secretary) resulting from the reimbursement principles under this subchapter, notwithstanding the limits set forth in paragraph (3) or (4) … · (b)

1990

  • Pub. L. 101–508, §4008(e)(2), struck out period at end and inserted ", and shall, for cost reporting periods beginning on or after October 1, 1992 and every 2 years thereafter, provide for an update to the per diem cost limits described in this subsection". · (a)
  • Pub. L. 101–508, §4008(h)(2)(A)(ii), substituted "(including the costs of services required to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident eligible for benefits under this subchapter) and capital-related costs" for "(and … · (d)

1987

  • Pub. L. 100–203 added par. (7). · (d)

1986

  • Pub. L. 99–272, §9219(b)(1)(C), substituted "notwithstanding" for "nothwithstanding". · (b)
  • Pub. L. 99–272, §9126(b), inserted provision requiring the Secretary to publish data and criteria to be used for purposes of this subsection on an annual basis. · (c)
  • Pub. L. 99–272, §9126(a), added subsec. (d). · (d)
  • Pub. L. 99–514, §1895(b)(7)(A), substituted "cost reporting period" for "fiscal year" in five places. · (d)
  • Pub. L. 99–514, §1895(b)(7)(B), substituted "cost reporting periods beginning in a fiscal year" for "each fiscal year" and "cost reporting period no later than 30 days before the beginning of that period" for "fiscal year within 60 days after the Secretary establishes the final pros… · (d)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.