II
111th CONGRESS
1st Session
S. 2814
IN THE SENATE OF THE UNITED STATES
November 20, 2009
Ms. Collins (for herself and Mr. Conrad) 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 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 2009
.
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, 2008,
in the case of regulations to implement the amendments made by section 2 of the
Home Health Care Planning Improvement Act of
2009)
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, 2008,
in the case of regulations to implement the amendments made by section 2 of the
Home Health Care Planning Improvement Act of
2009)
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
.
Effective Date
The amendments made by this section shall apply to items and services furnished on or after April 1, 2010.