1. Short title This Act may be cited as the Making the Education of Nurses Dependable for Schools Act or the MEND Act . 2. Enabling hospital-based nursing programs that are affiliated with a hospital to maintain medicare payments for the costs of such programs (a) In general For purposes of clarifying the methodology for payment under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) to providers for the costs of nursing and allied health education activities for cost reporting periods beginning on or after the date of the enactment of this Act, the Secretary of Health and Human Services shall apply section 413.85 of title 42, Code of Federal Regulations— (1) by treating a provider as meeting all of the requirements described in paragraph (f)(1) of such section if the provider or a wholly owned subsidiary educational institution of such provider singly or collectively meets all of such requirements; (2) in the case of a provider that would meet the requirements of paragraph (g)(3) of such section, with respect to a nursing or allied health education program, except that the transfer described in such paragraph of such a program to a wholly owned subsidiary educational institution in order to meet accreditation standards occurred after October 1, 2003, by treating such provider as meeting the requirements of such paragraph (and eligible for payments under such paragraph) with respect to such program; (3) in the case of a provider or wholly owned subsidiary educational institution of such provider that has been in continuous operation since October 1, 2003, by treating such provider, beginning as of such date with respect to such program, as described in paragraphs (1) and (2) of this subsection