[Code of Federal Regulations] [Title 42, Volume 2] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR412.107] [Page 459-460] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 412_PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL SERVICES --Table of Contents Subpart G_Special Treatment of Certain Facilities Under the Prospective Payment System for Inpatient Operating Costs Sec. 412.107 Special treatment: Hospitals that receive an additional update for FYs 1998 and 1999. (a) Additional payment update. A hospital that meets the criteria set forth in paragraph (b) of this section receives the following increase to its applicable percentage amount set forth in Sec. 412.63 (p) and (q): (1) For FY 1998, 0.5 percent. (2) For FY 1999, 0.3 percent. (b) Criteria for classification. A hospital is eligible for the additional payment update set forth in paragraph (a) of this section if it meets all of the following criteria: (1) Definition. The hospital is not a Medicare-dependent, small rural hospital as defined in Sec. 412.108(a) and does [[Page 460]] not receive any additional payment under the following provisions: (i) The indirect medical education adjustment made under Sec. 412.105. (ii) The disproportionate share adjustment made under Sec. 412.106. (2) State criteria. The hospital is located in a State in which the aggregate payment made under Sec. 412.112 (a) and (c) for hospitals described in paragraph (b)(1) of this section for their cost reporting periods beginning in FY 1995 is less than the allowable operating costs described in Sec. 412.2(c) for those hospitals. (3) Hospital criteria. The aggregate payment made to the hospital under Sec. 412.112 (a) and (c) for the hospital's cost reporting period beginning in the fiscal year in which the additional payment update described in paragraph (a) of this section is made is less than the allowable operating cost described in Sec. 412.2(c) for that hospital. [62 FR 46030, Aug. 29, 1997]