II
109th CONGRESS
2d Session
S. 3500
IN THE SENATE OF THE UNITED STATES
June 13, 2006
Mr. Thomas (for himself, Mr. Conrad, Mr. Harkin, Mr. Roberts, Ms. Collins, Mr. Dayton, Mr. Salazar, Mr. Domenici, Mr. Burns, Mr. Dorgan, Mr. Thune, Mr. Johnson, Mr. Nelson of Nebraska, Ms. Murkowski, and Ms. Snowe) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title XVIII of the Social Security Act to protect and preserve access of Medicare beneficiaries in rural areas to health care providers under the Medicare program, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Rural Hospital and Provider Equity (HoPE) Act of
2006
.
Table of Contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals.
Sec. 3. Extension and Expansion of Medicare hold harmless provision under the prospective payment system for hospital outpatient department (HOPD) services.
Sec. 4. Improvement of definition of low-volume hospital for purposes of the Medicare inpatient hospital payment adjustment.
Sec. 5. Extension of Medicare wage index reclassifications for certain hospitals.
Sec. 6. Extension of Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas.
Sec. 7. Critical access hospital improvements.
Sec. 8. Capital infrastructure revolving loan program.
Sec. 9. Extension of Medicare incentive payment program for physician scarcity areas.
Sec. 10. Extension of floor on medicare work geographic adjustment.
Sec. 11. Medicare home health care planning improvements.
Sec. 12. Rural health clinic improvements.
Sec. 13. Community health center collaborative access expansion.
Sec. 14. Applying add-on policy for home health services furnished in a rural area for 2007.
Sec. 15. Use of medical conditions for coding ambulance services.
Sec. 16. Extension of increased Medicare payments for ground ambulance services in rural areas.
Sec. 17. Improvement in payments to retain emergency and other capacity for ambulances in rural areas.
Sec. 18. Coverage of marriage and family therapist services and mental health counselor services under part
B of the Medicare program.Sec. 19. Medicare remote monitoring pilot projects.
Sec. 20. Facilitating the provision of telehealth services across State lines.
Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals
Section 1886(d)(5)(F)(xiv)(II) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)(xiv)(II)) is amended—
by striking
or, in the case
and all that follows through subparagraph
(G)(iv)
; and
by inserting at the end the following new
sentence: The preceding sentence shall not apply to any hospital with
respect to discharges occurring on or after October 1, 2006.
.
Extension and Expansion of Medicare hold harmless provision under the prospective payment system for hospital outpatient department (HOPD) services
Extension
In general
Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 5105 of the Deficit Reduction Act of 2005 (Public Law 109–171), is amended—
in subclause (I)—
by
striking (I)
;
by
striking (iii)) located in a rural area
and inserting
(iii))
; and
by
striking before January 1, 2006
and inserting before
January 1, 2009
; and
by striking subclause (II).
Effective date
The amendments made by paragraph (1) shall apply to covered OPD services furnished on or after January 1, 2006.
Study and Report
Study
The Secretary of Health and Human Services shall conduct a study to determine if, under the prospective payment system for hospital outpatient department services under section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), costs incurred by sole community hospitals (as defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))) located in urban areas by ambulatory payment classification groups (APCs) exceed those costs incurred by other hospitals located in urban areas.
Report
Not later than January 1, 2008, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate.
Improvement of definition of low-volume hospital for purposes of the Medicare inpatient hospital payment adjustment
Section 1886(d)(12)(C)(i) of the
Social Security Act (42 U.S.C.
1395ww(d)(12)(C)(i)) is amended by inserting (or, beginning with fiscal
year 2007, 2,000 discharges)
after 800
discharges
.
Extension of Medicare wage index reclassifications for certain hospitals
MMA Provision
Section 508 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395ww note) is amended by adding at the end the following new subsection:
Three-year Extension for Certain Hospitals
In general
In the case of a hospital described in paragraph (2)—
subsections
(a)(3) and (b) shall be applied by substituting 6-year period
for 3-year period
; and
the limitation under subsection (e) shall not apply after March 31, 2007.
Hospital described
A hospital described in this paragraph is a hospital—
that is reclassified to an area under this section as of the day before the date of enactment of this subsection; and
that is located in a State with less than 10 people per square mile; or
that is located in a rural area; and
for which the Secretary has determined the extension under this subsection to be appropriate.
.
Additional Provision
The Secretary of Health and Human Services shall extend the special exception reclassification of a sole community hospital located in a State with less than 10 people per square mile (made under the authority of section 1886(d)(5)(I)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(I)(i)) and contained in the final rule promulgated by the Secretary in the Federal Register on August 11, 2004 (69 Fed. Reg. 49107)) for 3 years through fiscal year 2010.
Extension of Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas
Section 416(b) of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat.
2282; 42 U.S.C. 1395l–4(b)) is amended by striking 2-year
and
inserting 4-year
.
Critical access hospital improvements
Clarification of payment for clinical laboratory tests furnished by critical access hospitals
In general
Section 1834(g)(4) of the Social Security Act (42 U.S.C. 1395m(g)(4)) is amended—
in the heading,
by striking no beneficiary
cost-sharing
and inserting treatment of
; and
by adding at the end the following new sentence: “For purposes of the preceding sentence and section 1861(mm)(3), clinical diagnostic laboratory services furnished by a critical access hospital shall be treated as being furnished as part of outpatient critical access services without regard to whether—
the individual with respect to whom such services are furnished is physically present in the critical access hospital at the time the specimen is collected;
such individual is registered as an outpatient on the records of, and receives such services directly from, the critical access hospital; or
payment is (or, but for this subsection, would be) available for such services under the fee schedule established under section 1833(h).
.
Effective date
The amendments made by paragraph (1) shall apply to cost reporting periods beginning on or after October 1, 2003.
Elimination of Isolation Test for cost-based ambulance reimbursement
In general
Section 1834(l)(8) of the Social Security Act (42 U.S.C. 1395m(l)(8)) is amended—
in subparagraph (B)—
by
striking owned and
; and
by
inserting (including when such services are provided by the entity under
an arrangement with the hospital)
after hospital
;
and
by striking the comma at the end of subparagraph (B) and all that follows and inserting a period.
Effective date
The amendments made by this subsection shall apply to services furnished on or after January 1, 2007.
Capital infrastructure revolving loan program
In General
Part A of title XVI of the Public Health Service Act (42 U.S.C. 300q et seq.) is amended by adding at the end the following new section:
Capital infrastructure revolving loan program
Authority To Make and Guarantee Loans
Authority to make loans
The Secretary may make loans from the fund established under section 1602(d) to any rural entity for projects for capital improvements, including—
the acquisition of land necessary for the capital improvements;
the renovation or modernization of any building;
the acquisition or repair of fixed or major movable equipment; and
such other project expenses as the Secretary determines appropriate.
Authority to guarantee loans
In general
The Secretary may guarantee the payment of principal and interest for loans made to rural entities for projects for any capital improvement described in paragraph (1) to any non-Federal lender.
Interest subsidies
In the case of a guarantee of any loan made to a rural entity under subparagraph (A), the Secretary may pay to the holder of such loan, for and on behalf of the project for which the loan was made, amounts sufficient to reduce (by not more than 3 percent) the net effective interest rate otherwise payable on such loan.
Amount of Loan
The principal amount of a loan directly made or guaranteed under subsection (a) for a project for capital improvement may not exceed $5,000,000.
Funding Limitations
Government credit subsidy exposure
The total of the Government credit subsidy exposure under the Credit Reform Act of 1990 scoring protocol with respect to the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, under subsection (a) may not exceed $50,000,000 per year.
Total amounts
Subject to paragraph (1), the total of the principal amount of all loans directly made or guaranteed under subsection (a) may not exceed $250,000,000 per year.
Capital Assessment and Planning Grants
Nonrepayable grants
Subject to paragraph (2), the Secretary may make a grant to a rural entity, in an amount not to exceed $50,000, for purposes of capital assessment and business planning.
Limitation
The cumulative total of grants awarded under this subsection may not exceed $2,500,000 per year.
Termination of Authority
The Secretary may not directly make or guarantee any loan under subsection (a) or make a grant under subsection (d) after September 30, 2010.
.
Rural Entity Defined
Section 1624 of the Public Health Service Act (42 U.S.C. 300s–3) is amended by adding at the end the following new paragraph:
The term rural entity includes—
a rural health clinic, as defined in section 1861(aa)(2) of the Social Security Act;
any medical facility with at least 1 bed, but with less than 50 beds, that is located in—
a county that is not part of a metropolitan statistical area; or
a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725));
a hospital that is classified as a rural, regional, or national referral center under section 1886(d)(5)(C) of the Social Security Act; and
a hospital that is a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of the Social Security Act).
For purposes of subparagraph (A), the fact that a clinic, facility, or hospital has been geographically reclassified under the Medicare program under title XVIII of the Social Security Act shall not preclude a hospital from being considered a rural entity under clause (i) or (ii) of subparagraph (A).
.
Conforming Amendments
Section 1602 of the Public Health Service Act (42 U.S.C. 300q–2) is amended—
in subsection
(b)(2)(D), by inserting or 1603(a)(2)(B)
after
1601(a)(2)(B)
; and
in subsection (d)—
in paragraph
(1)(C), by striking section 1601(a)(2)(B)
and inserting
sections 1601(a)(2)(B) and 1603(a)(2)(B)
; and
in paragraph
(2)(A), by inserting or 1603(a)(2)(B)
after
1601(a)(2)(B)
.
Extension of Medicare incentive payment program for physician scarcity areas
Section 1833(u)(1) of the Social Security
Act (42 U.S.C. 1395l(u)(1)) is amended by striking before January 1,
2008
and inserting before January 1, 2009
.
Extension of floor on medicare work geographic adjustment
Section 1848(e)(1)(E) of the Social Security
Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by striking before January
1, 2007
and inserting before January 1, 2009
.
Medicare home health care planning improvements
In general
Section 1814(a)(2) of the Social Security Act (42 U.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is amended—
by striking
subparagraph (B)
and inserting subparagraphs (B) and
(C)
;
by inserting
(as those terms are defined in section 1861(aa)(5))
after
clinical nurse specialist
;
by inserting
or home health agency (as the case may be)
after
facility
; and
by inserting
(or in the case of services described in subparagraph (C), a physician
assistant (as defined in 1861(aa)(5)) under the supervision of a
physician)
after collaboration with a physician
.
Conforming amendments
Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended—
in paragraph (2)(C), by inserting
a nurse practitioner, a clinical nurse specialist, or a physician
assistant (as the case may be)
after physician
each
place it appears;
in the second sentence, by striking
or clinical nurse specialist
and inserting clinical nurse
specialist, or physician assistant
;
in the third sentence—
by striking physician
certification
and inserting certification
;
by inserting (or on January
1, 2007, in the case of regulations to implement the amendments made by section
11 of the Rural Hospital and Provider Equity
(HoPE) Act of 2006)
after 1981
; and
by striking a physician
who
and inserting a physician, nurse practitioner, clinical
nurse specialist, or physician assistant who
; and
in the fourth sentence, by inserting
, nurse practitioner, clinical nurse specialist, or physician
assistant
after physician
.
Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended—
in paragraph (2)—
in the matter preceding
subparagraph (A), by inserting or, in the case of services described in
subparagraph (A), a physician, or a nurse practitioner or clinical nurse
specialist (as those terms are defined in 1861(aa)(5)), who does not have a
direct or indirect employment relationship with the home health agency but is
working in collaboration with a physician (or a physician assistant (as defined
in 1861(aa)(5)) under the supervision of a physician)
after a
physician
; and
in subparagraph (A) by inserting
a nurse practitioner, a clinical nurse specialist, or a physician
assistant (as the case may be)
after physician
each
place it appears;
in the third sentence, by inserting
, nurse practitioner, clinical nurse specialist, or physician assistant
(as the case may be)
after physician;
in the fourth sentence—
by striking physician
certification
and inserting certification
;
by inserting (or on January
1, 2007, in the case of regulations to implement the amendments made by section
11 of the Rural Hospital and Provider Equity
(HoPE) Act of 2006)
after 1981
; and
by striking a physician
who
and inserting a physician, nurse practitioner, clinical
nurse specialist, or physician assistant who
; and
in the fifth sentence, by inserting
, nurse practitioner, clinical nurse specialist, or physician
assistant
after physician
.
Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—
in subsection (m)—
in the matter preceding paragraph (1)—
by inserting , or a nurse
practitioner, clinical nurse specialist, or physician assistant (as those terms
are defined in subsection (aa)(5))
after physician
the
first place it appears; and
by inserting or a nurse
practitioner, clinical nurse specialist, or physician assistant
after
physician
the second place it appears; and
in paragraph (3), by inserting
or a nurse practitioner, clinical nurse specialist, or physician
assistant
after physician
; and
in subsection (o)(2)—
by inserting , nurse
practitioners, clinical nurse specialists, or physician assistants (as those
terms are defined in subsection (aa)(5))
after
physicians
; and
by inserting , nurse
practitioner, clinical nurse specialist, physician assistant,
after
physician
Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended—
in subsection (c)(1), by inserting
, or the nurse practitioner, clinical nurse specialist, or physician
assistant (as those terms are defined in section 1861(aa)(5)),
after
physician
; and
in subsection (e)—
in paragraph (1)(A), by inserting
, or a nurse practitioner, clinical nurse specialist, or physician
assistant (as those terms are defined in section 1861(aa)(5)),
after
physician
; and
in paragraph (2)—
in the heading, by striking
Physician
certification
and inserting Rule of construction regarding requirement for
certification
; and
by striking
physician
.
Effective Date
The amendments made by this section shall apply to items and services furnished on or after January 1, 2007.
Rural health clinic improvements
Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended—
in paragraph (1),
by striking , and
at the end and inserting a semicolon;
in paragraph (2)—
by inserting
(before 2007)
after in a subsequent year
;
and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following new paragraphs:
in 2007, at $82 per visit; and
in a subsequent year, at the limit established under this subsection for the previous year increased by the percentage increase in the MEI (as so defined) applicable to primary care services (as so defined) furnished as of the first day of that year.
Community health center collaborative access expansion
Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended by adding at the end the following:
Miscellaneous Provisions
Rule of construction with respect to rural health clinics
In general
Nothing in this section shall be construed to prevent a community health center from contracting with a federally certified rural health clinic (as defined by section 1861(aa)(2) of the Social Security Act) for the delivery of primary health care services that are available at the rural health clinic to individuals who would otherwise be eligible for free or reduced cost care if that individual were able to obtain that care at the community health center. Such services may be limited in scope to those primary health care services available in that rural health clinic.
Assurances
In order for a rural health clinic to receive funds under this section through a contract with a community health center under paragraph (1), such rural health clinic shall establish policies to ensure—
nondiscrimination based upon the ability of a patient to pay; and
the establishment of a sliding fee scale for low-income patients.
.
Applying add-on policy for home health services furnished in a rural area for 2007
Section 421 of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2283), as amended by section 5201(b) of the Deficit Reduction Act of 2005 (Public Law 109–171), is amended—
in the heading,
by striking One-year
and inserting
Temporary
; and
in subsection (a), by striking
before January 1, 2007
and inserting before January 1,
2008
.
Use of medical conditions for coding ambulance services
Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7)) is amended to read as follows:
Coding system
In general
The Secretary shall, in accordance with section 1173(c)(1)(B) and not later than January 1, 2007, establish a mandatory system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition.
Medical conditions
The code set established under subparagraph (A) shall take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1).
.
Extension of increased Medicare payments for ground ambulance services in rural areas
Section 1834(l)(13) of the Social Security Act (42 U.S.C. 1395m(l)(13)) is amended—
in subparagraph
(A), in the matter preceding clause (i), by striking before January 1,
2007
and inserting before January 1, 2008
;
in subparagraph
(B), in the heading, by striking after 2006
and inserting
after
2007
.
Improvement in payments to retain emergency and other capacity for ambulances in rural areas
In General
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended by adding at the end the following new paragraph:
Additional payments for providers furnishing ambulance services in rural areas
In general
In the case of ground ambulance services furnished on or after January 1, 2007, for which the transportation originates in a rural area (as determined under subparagraph (B)), the Secretary shall provide for a percent increase in the base rate of the fee schedule for a trip identified under this subsection.
Identification of rural areas
The Secretary, in consultation with the Office of Rural Health Policy, shall use the Rural-Urban Commuting Areas (RUCA) coding system, adopted by that Office, to designate rural areas for the purposes of this paragraph. A rural area is any area in RUCA levels 2 through 10 and any unclassified area.
Tiering of rural areas
The Secretary shall designate 4 tiers of rural areas, using a ZIP Code population-based methodology generated by the RUCA coding system, as follows:
Tier 1
A rural area that is a high metropolitan commuting area, in which 30 percent or more of the commuting flow is to an urban area, as designated by the Bureau of the Census (RUCA level 2).
Tier 2
A rural area that is a low metropolitan commuting area, in which less than 30 percent of the commuting flow is to an urban area or to a large town, as designated by the Bureau of the Census (RUCA levels 3–6).
Tier 3
A rural area that is a small town core, as designated by the Bureau of the Census, in which no significant portion of the commuting flow is to an area of population greater than 10,000 people (RUCA levels 7–9).
Tier 4
A rural area in which there is no dominant commuting flow (RUCA level 10) and any unclassified area.
Payment adjustments for trips in rural areas
The Secretary shall adjust the payment rate under this section for ambulance trips that originate in each of the tiers established in subparagraph (C) according to the national average cost of full-cost providers for providing ambulance services in each such tier.
.
Review of Payments for Rural Ambulance Services and Report to Congress
Review
Not later than July 1, 2009, the Secretary of Health and Human Services shall review the system for adjusting payments for rural ambulance services under section 1834(l)(15) of the Social Security Act, as added by subsection (a), to determine the adequacy and appropriateness of such adjustments. In conducting such review, the Secretary shall consult with providers and suppliers affected by such adjustments and with representatives of the ambulance industry generally to determine—
whether such adjustments adequately cover the additional costs incurred in serving areas of low population density; and
whether the tiered structure for making such adjustments appropriately reflects the difference in costs of providing services in different types of rural areas.
Report
Not later than January 1, 2010, the Secretary shall submit to Congress a report on the review conducted under paragraph (1) together with any recommendations for revision to the systems for adjusting payments for ambulance services in rural areas that the Secretary of Health and Human Services determines appropriate.
Conforming Amendments
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by subsection (a), is amended by adding at the end the following new paragraph:
Designation of rural areas for mileage payment purposes
In establishing any differential in the amount of payment for mileage between rural and urban areas in the fee schedule established under paragraph (1), the Secretary shall, in the case of ambulance services furnished on or after January 1, 2007, identify rural areas in the same manner as provided in paragraph (15)(B).
.
Section 1834(l)(12)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended by striking January
1, 2010
and inserting January 1, 2007
.
Section 1834(l)(13)(A)(i) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)(i)) is amended—
by inserting (or in the case of
such services furnished in 2007, in a rural area identified by the Secretary
under paragraph (15)(B))
after such paragraph
;
and
by striking paragraphs (11) and
(12)
and inserting paragraphs (11), (12), and
(15)
.
Coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program
Coverage of Services
In general
Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 5112 of the Deficit Reduction Act of 2005 (Public Law 109–171), is amended—
in subparagraph
(Z), by striking and
at the end;
in subparagraph
(AA), by inserting and
at the end; and
by adding at the end the following new subparagraph:
marriage and family therapist services (as defined in subsection (ccc)(1)) and mental health counselor services (as defined in subsection (ccc)(3));
.
Definitions
Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 5112 of the Deficit Reduction Act of 2005 (Public Law 109–171), is amended by adding at the end the following new subsection:
Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor
The term marriage and family therapist services means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services.
The term marriage and family therapist means an individual who—
possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law;
after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and
in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State.
The term mental health counselor services means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services.
The term mental health counselor means an individual who—
possesses a master’s or doctor’s degree in mental health counseling or a related field;
after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and
in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.
.
Provision for payment under part B
Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause:
marriage and family therapist services and mental health counselor services;
.
Amount of payment
Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—
by striking
and (V)
and inserting (V)
; and
by inserting
before the semicolon at the end the following: , and (W) with respect to
marriage and family therapist services and mental health counselor services
under section 1861(s)(2)(BB), the amounts paid shall be 80 percent of the
lesser of the actual charge for the services or 75 percent of the amount
determined for payment of a psychologist under subparagraph (L)
.
Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system
Section
1888(e)(2)(A)(ii) of the Social Security
Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting
marriage and family therapist services (as defined in section
1861(ccc)(1)), mental health counselor services (as defined in section
1861(ccc)(3)),
after qualified psychologist
services,
.
Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims
Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses:
A marriage and family therapist (as defined in section 1861(ccc)(2)).
A mental health counselor (as defined in section 1861(ccc)(4)).
.
Coverage of Certain Mental Health Services Provided in Certain Settings
Rural health clinics and federally qualified health centers
Section
1861(aa)(1)(B) of the Social Security
Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking or by
a clinical social worker (as defined in subsection (hh)(1)),
and
inserting , by a clinical social worker (as defined in subsection
(hh)(1)), by a marriage and family therapist (as defined in subsection
(ccc)(2)), or by a mental health counselor (as defined in subsection
(ccc)(4)),
.
Hospice programs
Section 1861(dd)(2)(B)(i)(III) of the
Social Security Act (42 U.S.C.
1395x(dd)(2)(B)(i)(III)) is amended by inserting or one marriage and
family therapist (as defined in subsection (ccc)(2))
after
social worker
.
Authorization of Marriage and Family Therapists to Develop Discharge Plans for Post-Hospital Services
Section 1861(ee)(2)(G) of the
Social Security Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting marriage and family therapist
(as defined in subsection (ccc)(2)),
after social
worker,
.
Effective Date
The amendments made by this section shall apply with respect to services furnished on or after January 1, 2007.
Medicare remote monitoring pilot projects
Pilot projects
In general
Not later than 9
months after the date of enactment of this Act, the Secretary of Health and
Human Services (in this section referred to as the Secretary
)
shall conduct pilot projects under title XVIII of the Social Security Act for
the purpose of providing incentives to home health agencies to utilize home
monitoring and communications technologies that—
enhance health outcomes for Medicare beneficiaries; and
reduce expenditures under such title.
Site requirements
Urban and Rural
The Secretary shall conduct the pilot projects under this section in both urban and rural areas.
Site in a small state
The Secretary shall conduct at least 3 of the pilot projects in a State with a population of less than 1,000,000.
Definition of home health agency
In this section, the term home health
agency
has the meaning given that term in section 1861(o) of the Social
Security Act (42 U.S.C. 1395x(o)).
Medicare beneficiaries within the scope of projects
The Secretary shall specify the criteria for identifying those Medicare beneficiaries who shall be considered within the scope of the pilot projects under this section for purposes of the application of subsection (c) and for the assessment of the effectiveness of the home health agency in achieving the objectives of this section. Such criteria may provide for the inclusion in the projects of Medicare beneficiaries who begin receiving home health services under title XVIII of the Social Security Act after the date of the implementation of the projects.
Incentives
Performance targets
The Secretary shall establish for each home health agency participating in a pilot project under this section a performance target using one of the following methodologies, as determined appropriate by the Secretary:
Adjusted historical performance target
The Secretary shall establish for the agency—
a base expenditure amount equal to the average total payments made to the agency under parts A and B of title XVIII of the Social Security Act for Medicare beneficiaries determined to be within the scope of the pilot project in a base period determined by the Secretary; and
an annual per capita expenditure target for such beneficiaries, reflecting the base expenditure amount adjusted for risk and adjusted growth rates.
Comparative performance target
The Secretary shall establish for the agency a comparative performance target equal to the average total payments under such parts A and B during the pilot project for comparable individuals in the same geographic area that are not determined to be within the scope of the pilot project.
Incentive
Subject to paragraph (3), the Secretary shall pay to each participating home care agency an incentive payment for each year under the pilot project equal to a portion of the Medicare savings realized for such year relative to the performance target under paragraph (1).
Limitation on expenditures
The Secretary shall limit incentive payments under this section in order to ensure that the aggregate expenditures under title XVIII of the Social Security Act (including incentive payments under this subsection) do not exceed the amount that the Secretary estimates would have been expended if the pilot projects under this section had not been implemented.
Waiver authority
The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot projects under this section.
Report to Congress
Not later than 5 years after the date that the first pilot project under this section is implemented, the Secretary shall submit to Congress a report on the pilot projects. Such report shall contain a detailed description of issues related to the expansion of the projects under subsection (f) and recommendations for such legislation and administrative actions as the Secretary considers appropriate.
Expansion
If the Secretary determines that any of the pilot projects under this section enhance health outcomes for Medicare beneficiaries and reduce expenditures under title XVIII of the Social Security Act, the Secretary may initiate comparable projects in additional areas.
Incentive payments have no effect on other Medicare payments to agencies
An incentive payment under this section—
shall be in addition to the payments that a home health agency would otherwise receive under title XVIII of the Social Security Act for the provision of home health services; and
shall have no effect on the amount of such payments.
Facilitating the provision of telehealth services across State lines
In general
For purposes of expediting the provision of telehealth services, for which payment is made under the Medicare program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner practice across State lines.
Definitions
In subsection (a):
Telehealth service
The term telehealth service has the meaning given that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)).
Physician, practitioner
The terms physician and practitioner have the meaning given those terms in subparagraphs (D) and (E), respectively, of such section.
Medicare program
The term Medicare program
means the
program of health insurance administered by the Secretary of Health and Human
Services under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.).