,,ii  #aaith ,,congress  #b;d ,session  
,s4 #djhe  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #ab1    
#bjbf,mr4 ,murphy 7for himself1 ,mr4    
,blumenthal1 and ,mr4 ,merkley7         
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,finance  ,a ,,bill  ,to  
amend title ,,xviii of the ,social      
,security ,act to prevent hospitals or  
skilled nursing facilities that are     
owned by certain firms from             
participating in the ,medicare program4 
#a4 ,short title ,this ,act may be cited
 as the ,take ,back ,our ,hospitals ,act
 of #bjbf4  #b4 ,preventing hospitals   
and skilled nursing facilities owned by 
certain firms from participating in     
,medicare ,section #ahfb of the ,social 
,security ,act 7#db ,u4,s4,c4 #aciey7 is
 amended by adding at the end the       
following new subsection3  7p7          
,prohibition on payments to hospitals   
and skilled nursing facilities owned by 
certain firms  7#a7 ,in general  7,a7   

,prohibition ,no payment may be made    
under this title to a hospital or       
skilled nursing facility that is owned  
or controlled by a covered firm or an   
affiliate of a covered firm4  7,b7      
,exception ,if1 on the date of enactment
 of this subsection1 a hospital or      
skilled nursing facility is owned or    
controlled by a covered firm or an      
affiliate of such a firm1 such hospital 
or skilled nursing facility shall not be
 considered in violation of subparagraph
 7,a7 until the date that is #c years   
after such date of enactment4  7#b7     
,notice1 hearing1 and judicial review   
,any hospital or skilled nursing        
facility found to be in violation of    
paragraph 7#a7 shall be entitled to     
reasonable notice and opportunity for   
hearing as described in section         
#aabh7;f74  7#c7 ,joint and several     
liability ,a covered firm or an         
affiliate of such a firm that owns or is
 an affiliate of a hospital or skilled  
nursing facility that is in violation of

 paragraph 7#a7 shall be jointly and    
severally liable for any penalty or     
obligation such hospital or skilled     
nursing facility receives for such      
violation4  7#d7 ,definitions ,in this  
subsection3 7,a7 ,affiliate ,the term   
affiliate means an entity that controls1
 is controlled by1 or is under common   
control with another entity4  7,b7      
,control  7i7 ,in general ,the term     
control means to possess the power1     
directly or indirectly1 to direct1 or   
cause the direction of1 the management1 
administrative functions1 assets1 or    
policies of an entity through owning    
voting securities in such entity1       
contracting with such entity 7except for
 contracting with such entity for goods 
or non-management services71 or other   
similar means1 as determined by the     
,secretary4  7ii7 ,voting securities ,a 
person shall be considered to control an
 entity if such person directly or      
indirectly owns1 has rights over1 or    
holds with the power to vote1 #aj       

percent or more of the voting securities
 of such entity4  7,c7 ,corporation ,the
 term corporation means-- 7i7 a         
joint-stock company2  7ii7 a company or 
partnership association organized under 
a law that makes only the capital       
subscribed or callable up to a specified
 amount responsible for the debts of the
 company or partnership association1 and
 includes a limited partnership and a   
limited liability company2  7iii7 a     
trust2 or  7iv7 an association that--   
7,i7 possesses the power or privilege of
 a private corporation under ,state law2
 and  7,,ii7 does not possess the power 
or privilege of a sole proprietorship or
 partnership under ,state law4  7,d7    
,covered firm ,the term covered firm    
means-- 7i7 a private equity fund2  7ii7
 a corporation that is owned or         
controlled by a private equity fund2 or 
7iii7 a real estate investment trust4   
7,e7 ,private equity fund ,the term     
private equity fund means a person who--
 7i7 would be considered an investment  

company under section #c of the         
,investment ,company ,act of #aidj 7#ae 
,u4,s4,c4 #hj;a-#c7 but for the         
application of paragraph 7#a7 or 7#g7 of
 subsection 7c7 of such section2 and    
7ii7 directly1 or through an affiliate1 
acts as a control person of such        
company4  7,f7 ,real estate investment  
trust ,the term real estate investment  
trust has the meaning given such term in
 section #hef of the ,internal ,revenue 
,code of #aihf4  4