Herb Kohl: “Section 453 of S. 1, the Prescription Drug and Medicare Improvement Act, makes changes to current law regarding…”

“Section 453 of S. 1, the Prescription Drug and Medicare Improvement Act, makes changes to current law regarding physician referrals to hospitals in which they have an ownership or investment interest. I would like to engage in a colloquy with my distinguished colleagues, Mr. Feingold and Mr. Baucus, the Ranking Member of the Senate Finance Committee, related to the ``exception'' language included in the bill. Specifically, I would like to know whether the ``exception'' language is applicable to The Wisconsin Heart Hospital, a hospital which is currently under construction in the state of Wisconsin. This facility is scheduled to open in January of 2004. My understanding is that this provision will not apply to facilities which are ``under development'' as of June 12, 2003. The following is a summary of the status of the development of The Wisconsin Heart Hospital: One, architectural plans for the hospital have been completed. Two, construction of the facility is approximately 55 percent to 60 percent complete as of June 12, 2003. This estimate can be supported by invoices for materials, labor and planning, as well as the timeline for completion dictated by the projected opening date of the hospital. Furthermore, more than $13.3 million in construction costs have been expended. Three, all applicable zoning requirements have been satisfied by local governing authorities and can be supported by documentation.”