S.Amdt. 3264Senate111th Congress (2009-2011)2nd degree

S.Amdt. 3264

Sponsored by Ron WydenSen. Ron Wyden (D-OR)
Submitted December 17, 2009

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Senate amendment submitted

December 17, 2009

Text

Submitted

SA 3264. Mr. WYDEN (for himself, Mr. Brown, Mr. Specter, Mr. Kohl,
and Ms. Collins) submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

On page 999, between lines 16 and 17, insert the following:

SEC. 3402. LIMITATION ON HOSPICE SPENDING.

Section 1814(i)(1)(C) of the Social Security Act, as
amended by sections 3132 and 3401, is further amended--
(1) in each of clauses (ii)(VII) and (iii), by striking
``clause (iv)'' and inserting ``clauses (iv) and (v)'';
(2) in clause (iv)--
(A) in subclause (II)--
(i) by striking ``subject to clause (v),''; and
(ii) by striking ``0.5 percentage point'' and inserting
``0.25 percentage point''; and
(B) by striking the flush sentence following subclause
(II); and
(3) by striking clause (v) and inserting the following new
clauses:
``(v) After determining the market basket percentage
increase under clause (ii)(VII) or (iii), as applicable, with
respect to fiscal years 2014 through 2019, if the Secretary
determines there is excess hospice spending (as defined in
clause (vi)) for the fiscal year, the Secretary shall reduce
such percentage by the amount of such excess hospice
spending. The application of this clause may not result in
the market basket percentage increase under clause (ii)(VII)
or (iii), as applicable, being less than 0.0 for a fiscal
year.
``(vi) For purposes of clause (v), the term `excess hospice
spending' means--

``(I) for fiscal year 2014, the excess (expressed as a
percentage) of--

``(aa) the aggregate amount of payments for hospice care
under this title for fiscal year 2011; over
``(bb) the aggregate amount of such payments for fiscal
year 2010 increased by the medical care component of the
Consumer Price Index for fiscal year 2011, plus 3.0
percentage points; and

``(II) for fiscal year 2015 through 2019, the excess
(expressed as a percentage) between--

``(aa) the aggregate amounts of such payments for the
fiscal year 3 years prior to the fiscal year involved; over
``(bb) the aggregate amount of such payments for the fiscal
year 4 years prior to the fiscal year involved increased by
the medical care component of the Consumer Price Index for
the fiscal year 3 years prior to the fiscal year involved,
plus 3.0 percentage points.''.

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