I
111th CONGRESS
2d Session
H. R. 4993
IN THE HOUSE OF REPRESENTATIVES
April 13, 2010
Ms. Schwartz (for herself, Mrs. Capps, Mrs. McCarthy of New York, Ms. Baldwin, Ms. Shea-Porter, Mr. Braley of Iowa, Mr. Courtney, Ms. Harman, Mr. Farr, Mr. Blumenauer, Mr. Garamendi, Ms. Watson, Ms. Schakowsky, Ms. Pingree of Maine, Mrs. Dahlkemper, Mr. Grijalva, Mr. Perlmutter, Ms. DeLauro, and Mr. DeFazio) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare Program.
Short title
This Act may be cited as the
Home Health Care Planning Improvement
Act of 2010
.
Improving care planning for medicare home health services
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 inserting
(as those terms are defined in section 1861(aa)(5))
after
clinical nurse specialist
; and
by inserting
, or in the case of services described in subparagraph (C), a physician,
or a nurse practitioner or clinical nurse specialist who is working in
collaboration with a physician in accordance with State law, or a certified
nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a
physician assistant (as defined in section 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, a certified
nurse-midwife, 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, certified nurse-midwife, or physician assistant
;
in the third sentence—
by striking physician
certification
and inserting certification
;
by inserting (or on January
1, 2011, in the case of regulations to implement the amendments made by section
2 of the Home Health Care Planning
Improvement Act of 2010)
after 1981
;
and
by striking a physician
who
and inserting a physician, nurse practitioner, clinical
nurse specialist, certified nurse-midwife, or physician assistant who
;
and
in the fourth sentence, by inserting
, nurse practitioner, clinical nurse specialist, certified
nurse-midwife, 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 is working in
collaboration with a physician in accordance with State law, or a certified
nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a
physician assistant (as defined in section 1861(aa)(5)) under the supervision
of a physician
after a physician
; and
in each of clauses (ii) and (iii)
of subparagraph (A) by inserting , a nurse practitioner, a clinical
nurse specialist, a certified nurse-midwife, or a physician assistant (as the
case may be)
after physician
;
in the third sentence, by inserting
, nurse practitioner, clinical nurse specialist, certified
nurse-midwife, 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, 2011, in the case of regulations to implement the amendments made by section
2 of the Home Health Care Planning
Improvement Act of 2010)
after 1981
;
and
by striking a physician
who
and inserting a physician, nurse practitioner, clinical
nurse specialist, certified nurse-midwife, or physician assistant who
;
and
in the fifth sentence, by inserting
, nurse practitioner, clinical nurse specialist, certified
nurse-midwife, 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 a nurse practitioner
or a clinical nurse specialist (as those terms are defined in subsection
(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a
physician assistant (as defined in subsection (aa)(5)),
after
physician
the first place it appears; and
by inserting a nurse
practitioner, a clinical nurse specialist, a certified nurse-midwife, or a
physician assistant
after physician
the second place it
appears; and
in paragraph (3), by inserting
, a nurse practitioner, a clinical nurse specialist, a certified
nurse-midwife, or a physician assistant
after physician
;
and
in subsection (o)(2)—
by inserting , nurse
practitioners or clinical nurse specialists (as those terms are defined in
subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)),
or physician assistants (as defined in subsection (aa)(5))
after
physicians
; and
by inserting , nurse
practitioner, clinical nurse specialist, certified nurse-midwife, physician
assistant,
after physician
.
Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended—
in subsection (c)(1), by inserting
, the nurse practitioner or clinical nurse specialist (as those terms
are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in
section 1861(gg)), or the physician assistant (as defined in section
1861(aa)(5)),
after physician
; and
in subsection (e)—
in paragraph (1)(A), by inserting
, a nurse practitioner or clinical nurse specialist (as those terms are
defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in
section 1861(gg)), or a physician assistant (as 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
.
Rule of construction
Nothing in the amendments made by this section shall be construed as affecting the scope of practice authorized under State law of a certified nurse-midwife (as defined in section 1861(gg) of the Social Security Act) or a nurse practitioner, clinical nurse specialist, or physician assistant (as such terms are defined in section 1861(aa)(5) of such Act).
Effective Date
The amendments made by this section shall apply to items and services furnished on or after January 1, 2011.