; (III) has a minimum Medicare estimated weight per discharge of 1.1144 for the most recent fiscal year for which such information is available according to the IRF Rate Setting File described in clause (iv)(I), or any successor regulations that contain such information; and (IV) has a Medicare disproportionate share hospital (DSH) percentage of at least 0.6300 for the most recent fiscal year for which such information is available according to the IRF Rate Setting File described in clause (iv)(I), or any successor regulations that contain such information. (vi) Applicable date defined For purposes of clauses (iii), (iv), and (v), the term applicable date means— (I) with respect to the initial publication of a list under clause (ii), the date of the enactment of such clause; and (II) with respect to the publication of an updated list under clause (ii), a date specified by the Secretary that is not more than 1 year prior to the date of such publication. (vii) Implementation Notwithstanding any other provision of law the Secretary may implement clauses (ii) through (vi) by program instruction or otherwise. (viii) Nonapplication of paperwork reduction act Chapter 35 of title 44, United States Code, shall not apply to data collected under clauses (ii) through (v). (ix) Study and report Not later than March 15, 2021, and as determined necessary by the Medicare Payment Advisory Commission as part of subsequent annual reports under section 1805(b)(1)(C), the Commission shall submit to Congress a report analyzing the most recent three years of cost report data available for all rehabilitation innovation centers (as defined in clause (ii)) and assess the adequacy of payments to such innovation centers for inpatient rehabilitation services under this title. Any report submitted under the preceding sentence shall include recommendations for such legislation and administrative action as the Commission determines appropriate. .