S.Amdt. 1067Senate108th Congress (2003-2005)

To provide coverage for kidney disease education services under the medicare program.

What it does: Adds SEC. __. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES on page 510, line 18
Submitted June 25, 2003

What it changes

1 change to S. 1

Adds a section
  1. Adds SEC. __. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES on page 510, line 18

    Adds a sectionPrinted page

    Inserted: SEC. __. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES.

    Inserted: (a) Coverage of Kidney Disease Education Services.--

    Inserted: (1) In general.--Section 1861 of the Social Security Act (42 U.S.C.1395x) is amended--

    Inserted: (A) in subsection (s)(2)--

    Inserted: (i) in subparagraph (U), by striking "and" at the end;

    Inserted: (ii) in subparagraph (V)(iii), by adding "and" at the end; and

    Inserted: (iii) by adding at the end the following new subparagraph:

    Inserted: "(W) kidney disease education services (as defined in subsection (ww));"; and

    Inserted: (B) by adding at the end the following new subsection:

    Inserted: "Kidney Disease Education Services

    Inserted: "(ww)(1) The term 'kidney disease education services' means educational services that are--

    Inserted: "(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant;

    Show 28 more inserted paragraphs

    Inserted: "(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and

    Inserted: "(C) designed--

    Inserted: "(i) to provide comprehensive information regarding--

    Inserted: "(I) the management of comorbidities;

    Inserted: "(II) the prevention of uremic complications; and

    Inserted: "(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis (including vascular access options), and transplantation); and

    Inserted: "(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy.

    Inserted: "(2) The term 'qualified person' means--

    Inserted: "(A) a physician (as described in subsection (r)(1));

    Inserted: "(B) an individual who--

    Inserted: "(i) is--

    Inserted: "(I) a registered nurse;

    Inserted: "(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2));

    Inserted: "(III) a clinical social worker (as defined in subsection (hh)(1));

    Inserted: "(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)); or

    Inserted: "(V) a transplant coordinator; and

    Inserted: "(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or

    Inserted: "(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who--

    Inserted: "(i) provide the services described in paragraph (1); and

    Inserted: "(ii) meet the requirements of subparagraph (A) or (B).

    Inserted: "(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons.

    Inserted: "(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services.

    Inserted: "(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4).".

    Inserted: (2) Payment under physician fee schedule.--Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ", (2)(W)", after "(2)(S)".

    Inserted: (3) Payment to renal dialysis facilities.--Section 1881(b) of such Act (42 U.S.C. 1395rr(b)), as amended by section 433(b)(5), is further amended by adding at the end the following new paragraph:

    Inserted: "(13) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.".

    Inserted: (4) Annual report to congress.--Not later than April 1, 2004, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in section 1861(ww) of the Social Security Act, as added by paragraph (1)) under title XVIII of such Act and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of that subsection.

    Inserted: (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act.

    Original wording

    On page 510, after line 18, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1067. Mrs. LINCOLN submitted an amendment intended to be proposed by her to the bill S. 1, to amend title XVIII of the Social Security Act to make improvements in the medicare program, to provide prescription drug coverage under the medicare program, and for other purposes; which was ordered to lie on the table; as follows:

On page 510, after line 18, add the following:

SEC. __. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES.

(a) Coverage of Kidney Disease Education Services.--

(1) In general.--Section 1861 of the Social Security Act (42 U.S.C.1395x) is amended--

(A) in subsection (s)(2)--

(i) in subparagraph (U), by striking “and” at the end;

(ii) in subparagraph (V)(iii), by adding “and” at the end; and

(iii) by adding at the end the following new subparagraph:

“(W) kidney disease education services (as defined in subsection (ww));”; and

(B) by adding at the end the following new subsection:

“Kidney Disease Education Services

“(ww)(1) The term ‘kidney disease education services' means educational services that are--

“(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant;

“(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and

“(C) designed--

“(i) to provide comprehensive information regarding--

“(I) the management of comorbidities;

“(II) the prevention of uremic complications; and

“(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis (including vascular access options), and transplantation); and

“(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy.

“(2) The term ‘qualified person' means--

“(A) a physician (as described in subsection (r)(1));

“(B) an individual who--

“(i) is--

“(I) a registered nurse;

“(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2));

“(III) a clinical social worker (as defined in subsection (hh)(1));

“(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)); or

“(V) a transplant coordinator; and

“(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or

“(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who--

“(i) provide the services described in paragraph (1); and

“(ii) meet the requirements of subparagraph (A) or (B).

“(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons.

“(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services.

“(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4).”.

(2) Payment under physician fee schedule.--Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting “, (2)(W)”, after “(2)(S)”.

(3) Payment to renal dialysis facilities.--Section 1881(b) of such Act (42 U.S.C. 1395rr(b)), as amended by section 433(b)(5), is further amended by adding at the end the following new paragraph:

“(13) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.”.

(4) Annual report to congress.--Not later than April 1, 2004, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in section 1861(ww) of the Social Security Act, as added by paragraph (1)) under title XVIII of such Act and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of that subsection.

(b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act.

Legislative Activity

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4 earlier actions
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Senate amendment agreed to: Amendment SA 1067 as modified agreed to in Senate by Voice Vote.(text as modified: CR S8644)

June 26, 2003

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Floor

Senate amendment agreed to: Amendment SA 1067 as modified agreed to in Senate by Voice Vote.(text as modified: CR S8644)

June 26, 2003

Floor

Senate amendment proposed (on the floor): Amendment SA 1067 proposed by Senator Baucus for Senator Lincoln.(consideration: CR S8644, S8647)

June 26, 2003

Floor

Amendment SA 1067 proposed by Senator Baucus for Senator Lincoln. (consideration: CR S8644, S8647) To provide coverage for kidney disease education services under the medicare program.

June 26, 2003

Floor

Amendment SA 1067 as modified agreed to in Senate by Voice Vote. (text as modified: CR S8644)

June 26, 2003

Floor

Senate amendment submitted

June 25, 2003