ACCOUNT impact of health care reforms carried out under division A in reducing number of uninsured individuals ; 2016 Secretary of Health and Human Services submitting to Congress report on Medicare dss taking into
Index of Sec 1112. ...ACCOUNT cost of method specified in subparagraph ; Taking into
Index of Sec 1121. ...ACCOUNT recommendations described in report under section 1157 and notwithstanding geographic adjustments otherwise applying under section 1848(e) and sectioning 1886(d)(3)(e) of Social Security Act 42 USC 1395w-4(e), 1395ww(d)(3)(e)) ; Taking into
Index of Sec 1158. ...ACCOUNT phase out ; Amount specified in paragraph for area and year being amount specified in subsection for area and year adjusted to take into
Index of Sec 1161. ...ACCOUNT evaluation under subsection ; 2012 Secretary implementing necessary improvements to risk adjustment system under section 1853(a)(1)(c) of Social Security Act 42 USC 1395-23(a)(1)(c), taking into
Index of Sec 1166. ...ACCOUNT meaning given term by Health Choices Commissioner under section 116 of Affordable Health Care for America Act ; Taking into
Index of Sec 1173. ...ACCOUNT recommendations of Telehealth Advisory Committee when adding or deleting services and establishing policies of Centers for Medicare and Medicaid Services regarding delivery of telehealth services ; Secretary taking into
Index of Sec 1191. ...ACCOUNT costs of acquiring necessary equipment ; Assessment of adequacy of Medicare payment rates for services taking into
Index of Sec 1148. ...ACCOUNT variations in empirical justification for Medicare dss attributable to hospital characteristics ; Amount of Medicare dss payment to be amount based on recommendations of report under subsection and taking into
Index of Sec 1112. ...ACCOUNT workforce mobility between urban and rural areas ; Recruitment and retention taking into
Index of Sec 1157. ...ACCREDITATION described in clause not applying for purposes of supplying diabetic testing supplies, canes and crutches in case of pharmacy enrolled under section 1866(j) as supplier of durable medical equipment, prosthetics, orthotics and supplies ; Requirement for
Index of Sec 1147. ...ACCREDITATION organization determining if supplier complying with requirements under paragraph ; Retaining supplier's provider or supplier number until independent
Index of Sec 1147. ...ACCREDITATION requirement for suppliers to qualify for bidding in competitive acquisition area under section 1847 ; Nothing in clauses and construed as affecting application of
Index of Sec 1147. ...ADMINISTRATIVE costs and using estimate to adjust payments to PDP sponsors with respect to prescription drug plans under part and Ma organizations with respect to Ma-pd plans under part C ; Secretary developing estimate of additional increased costs attributable to application of paragraph for increased drug utilization and financing and
Index of Sec 1181. ...ADOPTION without intervening motion excepting 20 minutes of debate equally divided and controlled by proponent and opponent ; Previous question to be considered as ordered on motion to
Index of Sec 1160. ...ADOPTION without intervening motion ; Previous question to be considered as ordered on motion to
Index of Sec 1160. ...PAYMENTS and spending under title to be affected index ;
Index of Sec 1159. ...ALL-condition measure of readmissions as determined appropriate by Secretary ; Secretary expanding applicable conditions beyond 3 conditions For which measures endorsed as described in subparagraph as of date of enactment of subsection to additional 4 conditions so identified by Medicare Payment Advisory Commission in report to Congress in June 2007 and other conditions and procedures including
Index of Sec 1151. ...AMBULATORY surgical center to hospital after date of enactment of subsection ; Hospital not converted from
Index of Sec 1156. ...AMBULATORY surgical facility as Secretary specifying ; Subparagraph Secretary requiring reporting of additional data relating to quality of services furnished in
Index of Sec 1144. ...ANALYTIC contractors to identify and analyzing services identified under clause ; Secretary using
Index of Sec 1122. ...ANGIOGRAPHIES, angiograms and endoscopies furnished ; Term procedure rooms including rooms in which catheterizations,
Index of Sec 1156. ...ASSESSMENT including assessment of individual's physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and environmental needs and primary caregiver needs and resources ;
Index of Sec 1151. ...ACCOUNT costs of acquiring necessary equipment ; Assessment of adequacy of Medicare payment rates for services taking into
Index of Sec 1148. ...ASSESSMENT of degree to which variation not to be explained by empirical evidence ;
Index of Sec 1159. ...ASSESSMENT of effects of proposed payment changes by provider or supplier type and State relative to payments otherwise applying ; Preliations and final implementation plans under subsection including detailed
Index of Sec 1160. ...ASSESSMENT of individual's physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and environmental needs and primary caregiver needs and resources ; Assessment including
Index of Sec 1151. ...ASSESSMENT of sources of data on costs of home infusion therapy to be used to construct payment mechanisms in Medicare program ;
Index of Sec 1143. ...ASSESSMENT of following with respect to adjustment factors ; Study including evaluation and
Index of Sec 1157. ...ASSESSMENT visit for individual referred for home health services under title XVIII of Social Security Act ; Home health agency determining appropriate skilled therapist to make initial
Index of 0CANCER surgical procedure ; Secretary developing policies to ensure appropriate beneficiary access and utilization safeguards for items supplied to beneficiary prior to mastectomy or other breast
Index of Sec 1149. ...DISCHARGE from applicable hospital ; Support beneficiary under section beginning on date of individual's admission to hospital for inpatient hospital services and ending at latest on last day of 90-day period beginning on date of individual's
Index of Sec 1151. ...BENEFICIARY access to bone mass measurement benefits in general and rural and minority communities specifically ; Impact of Medicare payment changes since 2006 on
Index of Sec 1148. ...BENEFICIARY access to high quality equipment and supplies ; Structuring acquisition program in order to promote fiscal responsibility when ensuring
Index of 0BENEFICIARY access and utilization safeguards for items supplied to beneficiary prior to mastectomy or other breast cancer surgical procedure ; Secretary developing policies to ensure appropriate
Index of Sec 1149. ...BENEFICIARY cost sharing associated with application of subparagraph ; Secretary establishing procedures fully to reimburse PDP sponsors with respect to prescription drug plans and Ma organizations with respect to Ma-pd plans for reduction in
Index of Sec 1181. ...BENEFICIARY data ; Need and feasibility of including further gradations of diseases or conditions and multiple years of
Index of Sec 1166. ...BENEFICIARY payment ; Discount not to be applied against negotiated price for purpose of calculating
Index of Sec 1182. ...BIDDING process ; Recommendations on criteria to be factored into
Index of 0BIDDING Process ; Sec 1149b, studying and reporting on DME competitive
Index of 0BIDDING process among manufacturers of equipment and supplies ; Comptroller General of United States conducting study to evaluate potential establishment of program under Medicare under title XVIII of Social Security Act to acquire durable medical equipment and supplies through competitive
Index of 0BIOLOGICAL product to be included in same billing and payment code ; Case of one or more interchangeable biological products and reference
Index of 0BIOLOGICAL product for National Drug Codes assigned to product in same manner as paragraph applied to single source drug ; Average sales pricing as determined using methodolology described in paragraph applied to biosimilar
Index of 0BIOLOGICAL product under section 351(k) of Public Health Service Act ; Term biosimilar biological product meaning biological product licensed as biosimilar
Index of 0BIOLOGICAL product licensed as interchangeable biological product under section 351(k) of Public Health Service Act ; Term interchangeable biological product meaning
Index of 0BIOLOGICAL product licensed under section 351(k) of Public Health Service Act ; Term reference biological product meaning biological product referred in application for biosimilar or interchangeable
Index of 0BIOLOGICAL product manufactured by manufacturer not entering and effect rebate agreement described in paragraph ; Term covered part D drug not including drug or
Index of Sec 1181. ...BIOLOGICAL product manufactured by manufacturer declining to enter into rebate agreement described in paragraph for period beginning on January 1, 2010 and ending on December 31, 2010 ; Drug or
Index of Sec 1181. ...BIOLOGICAL product manufactured by manufacturer not entering and effect for qualifying drugs discount agreement described in paragraph ; Term covered part D drug not including drug or
Index of Sec 1182. ...BIOLOGICAL product licensed as interchangeable biological product under section 351(k) of Public Health Service Act ; Term interchangeable biological product meaning
Index of 0BIOLOGICAL product licensed under section 351(k) of Public Health Service Act ; Term reference biological product meaning biological product referred in application for biosimilar or interchangeable
Index of 0BIOLOGICAL products beginning with first day of second calendar quarter after date of enactment of Act ; Amendments making by subsection applying to payments for biosimilar biological products, interchangeable biological products and reference
Index of 0BIOLOGICAL products and reference biological products beginning with first day of second calendar quarter after date of enactment of Act ; Amendments making by subsection applying to payments for biosimilar biological products, interchangeable
Index of 0BIOLOGICAL product to be included in same billing and payment code ; Case of one or more interchangeable biological products and reference
Index of 0BIOLOGICAL product for National Drug Codes assigned to product in same manner as paragraph applied to single source drug ; Average sales pricing as determined using methodolology described in paragraph applied to biosimilar
Index of 0BIOLOGICAL product under section 351(k) of Public Health Service Act ; Term biosimilar biological product meaning biological product licensed as biosimilar
Index of 0BIOLOGICAL product licensed under section 351(k) of Public Health Service Act ; Term reference biological product meaning biological product referred in application for biosimilar or interchangeable
Index of 0BIOLOGICAL products and reference biological products beginning with first day of second calendar quarter after date of enactment of Act ; Amendments making by subsection applying to payments for biosimilar biological products, interchangeable
Index of 0BIOLOGICAL product licensed as biosimilar biological product under section 351(k) of Public Health Service Act ; Term biosimilar biological product meaning
Index of 0CANCER surgical procedure ; Secretary developing policies to ensure appropriate beneficiary access and utilization safeguards for items supplied to beneficiary prior to mastectomy or other breast
Index of Sec 1149. ...CAPITAL contributions making at time ownership or investment interest obtained ; Investment interest of owner or investor being directly proportional to owner or investor's
Index of Sec 1156. ...CAPITATION rates described in subsection ; Indirect costs of medical education from
Index of Sec 1161. ...ANGIOGRAPHIES, angiograms and endoscopies furnished ; Term procedure rooms including rooms in which catheterizations,
Index of Sec 1156. ...CERTIFICATION to Secretary ; Secretary revoking waiver granted under paragraph if State insurance commissioner submiting
Index of Sec 1189. ...INCOME beneficiaries ; Secretary of Health and Human Services submitting to Congress report evaluating adequacy of risk adjustment system under section 1853(a)(1)(c) of Social Security Act 42 USC 1395-23(a)(1)(c) in predicting costs for beneficiaries with chronic or co-morbid conditions, beneficiaries dually-eligible for Medicare and Medicaid and non-Medicaid eligible low-
Index of Sec 1166. ...CHRONIC condition qualifying individual as individual described in subsection for plan and ending on date on which individual enrolling plan on basis of condition ; During special election period consisting of period For which individual having
Index of Sec 1176. ...CHRONIC diseases ; Measures of health functioning and survival for patients with
Index of Sec 1161. ...CIVIL money penalty under subparagraphs and same manner as provisions applying to penalty or proceeding under section 1128a(a) ; Provisions of section 1128a and other than subsection applying to
Index of Sec 1156. ...CIVIL money penalty in amount not to exceed $100,000 for item of false information ; Sponsor being subject to
Index of Sec 1181. ...CLASSIFIATIONS groups exceeding costs incurred by other hospitals furnishing services under subsection ; Secretary conducting study to determine if costs incurred by hospitals described in section 1886(d)(1)(b)(v) with respect to ambulatory payment
Index of Sec 1145. ...CLASSIFIATIONS system as Secretary determining appropriate based on analysis conducted pursuant to subparagraph ; Secretary implementing changes to payments for non-therapy ancillary services under future skilled nursing facility servicing
Index of Sec 1111. ...CLASSIFIATIONS system for yearing without changes ; Estimated expenditures under future skilled nursing facility servicing classifiations system for fiscal year beginning with fiscal year 2011 with changes to be equal to estimated expenditures otherwise occurring under title XVIII of Social Security Act under future skilled nursing facility servicing
Index of Sec 1111. ...CLASSIFIATIONS system for payment of skilled nursing facility services under section 1888(e) of Social Security Act 42 USC 1395yy(e) ; Changes in payment described in subparagraph applying for days after January 1, 2010 and Secretary implementing alternative case mix
Index of Sec 1111. ...CLASSIFIATIONS system to ensure accuracy of payment for non-therapy ancillary services ; Secretary of Health and Human Services analyzing payments for non-therapy ancillary services under future skilled nursing facility
Index of Sec 1111. ...CLASSIFIATIONS system implemented to apply to services furnished during fiscal year beginning with fiscal year 2011 ; Future skilled nursing facility
Index of Sec 1111. ...HEALTH records ; 2012 Secretary developing plan to integrate clinical reporting on quality measures under subsection with reporting requirements under subsection relating to meaningful use of electronic
Index of Sec 1124. ...CLINICAL quality measures endorsed by entity with contract with Secretary under section 1890(a) ; Secretary providing preference to
Index of Sec 1161. ...ENVIRONMENTAL needs and primary caregiver needs and resources ; Assessment including assessment of individual's physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and
Index of Sec 1151. ...COMPENSATION arrangements ; Entity providing covered items or services For which payment to be made under title providing Secretary with information concerning entity's ownership, investment and
Index of Sec 1156. ...COMPETITIVE acquisition area under section 1847 ; Nothing in clauses and construed as affecting application of accreditation requirement for suppliers to qualify for bidding in
Index of Sec 1147. ...COMPLIANCE with regulations pursuant to section 1866 ; Nothing in subsection to be construed as preventing Secretary from terminating hospital's provider agreement if hospital being not in
Index of Sec 1156. ...COMPLIANCE with requirements ; Secretary using unannounced site reviews of hospitals and audits to verify
Index of Sec 1156. ...COMPLIANCE, penalties and program evaluations, investigations and audits being similar to terms and conditions for rebate agreements under paragraphs and section 1927(b) ; Secretary establishing terming and conditioning of agreement relating to
Index of Sec 1181. ...COMPLIANCE ; Secretary establishing terming and conditioning of agreement including terming and conditions relating to
Index of Sec 1182. ...COMPLIANCE of plans with formulary requirements under section 1860d-4(b)(3) ; Subparagraph not to be construed as affecting Secretary's authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and Ma-pd plans including
Index of Sec 1186. ...COMPLIANCE with treatment protocols ; Evaluation of extent to which variation to be attributed to patient preferences and patient
Index of Sec 1159. ...COMPLIANCE with rules for Medicare Advantage plans under part ; Secretary determining that Medicare Advantage plan being not qualifying plan if Secretary identified deficiencies in plan's
Index of Sec 1161. ...HEALTH Care ; Sec 1160, implementation and congressional Review of proposal to revise medicare payments to promote high Value
Index of Sec 1160. ...CONSTITUTIONAL right of House to change rules at time ; Full recognition of
Index of Sec 1160. ...CONTRACT under section 1890(a) of Social Security Act but adopting and applying measures under paragraph without ; Secretary seeking endorsement of measures by entity with
Index of Sec 1151. ...CONTRACT with Institute of Medicine of National Academy of Science to conduct comprehensive empirical study and providing recommendations as appropriate ; Secretary of Health and Human Services entering into
Index of Sec 1157. ...CONTRACT with Secretary under section 1890(a) ; Secretary providing preference to clinical quality measures endorsed by entity with
Index of Sec 1161. ...CONTRACT with Ma organization under section including terms informing organization of provisions in subsection ; Secretary requiring that
Index of Sec 1174. ...CONTRACT entered with PDP sponsor under part with respect to prescription drug plan requiring that sponsor complying with subparagraphs ;
Index of Sec 1181. ...CONTRACT if plan failing to have medical loss ratio for 5 consecutive contract years ; Secretary terminating plan
Index of Sec 1173. ...CONTRACT ; Clause, striking service area for year and inserting portion of plan's service area for year within service area of reasonable cost reimbursement
Index of Sec 1164. ...CONTRACTS entered under section 1847 of Social Security Act 42 USC 1395w-3 pursuant to bid submitted under section before October 1, 2010 ; Amendments not applying to
Index of Sec 1141. ...CONTRACT with State Medicaid agency ; Approving by Centers for Medicare and Medicaid Services as dual eligible special needs planning and offers integrated Medicare and Medicaid services under
Index of Sec 1177. ...CONTRACT year ; Secretary not permitting enrollment of new enrollees under plan for coverage during second succeeding
Index of Sec 1173. ...CONTRACT years beginning with 2012 of data necessary for calculation of medical loss ratio for Ma plans ; Secretary developing and implement standardized data elements and definitions for reporting under subsection for
Index of Sec 1173. ...CONTRACT years beginning after January 1 ; Amendments making by section taking effect on date of enactment of Act and applying to audits and activities conducted for
Index of Sec 1174. ...CONTRACT years beginning after January 1 ; Amendments making by section applying to bids for
Index of Sec 1175. ...CONTRACT years beginning with 2010 ; Amendments making by section applying for
Index of Sec 1183. ...CONTRACT years ; Secretary terminating plan contract if plan failing to have medical loss ratio for 5 consecutive
Index of Sec 1173. ...CREDENTIALING and not relieving hospital from applicable privileging requirements ; Paragraph only applying to
Index of Sec 1191. ...CREDENTIALING by another medicare participating hospital ; Flexibility in ACCEPTING
Index of Sec 1191. ...CREDENTIALING materials prepared by another hospital ; Hospital accepting
Index of Sec 1191. ...CREDENTIALING package compiled by another facility ; Nothing in subsection to be construed to require hospital to accept
Index of Sec 1191. ...CREDENTIALING packages compiled by another hospital participating under Medicare with regard to physicians and practitioners seeking medical staff privileges in hospital to provide telehealth servicing via telecommunications system from site other than hospital where patient located ; Guidance permitting hospital to accept
Index of Sec 1191. ...PROPORTIONAL amount so sum not exceeding 100 percent ; Percentage to be reduced in
Index of Sec 1181. ...OF-pocket threshold otherwise computed without regard to paragraph to be decreased by cumulative opting phase ; Annual out-
Index of Sec 1181. ...CUMULATIVE ICL phase ; Initial coverage limit otherwise computed without regard to paragraph to be increased by
Index of Sec 1181. ...DEBT ; Make additional payment to hospital by amount estimated based on amount of uncompensated care provided by hospital based on criteria for uncompensated care as determined by Secretary excluding bad
Index of Sec 1112. ...DISTRIBUTION associated with transportation costs ; Demographic characteristics of individuals served and geographic
Index of 0PROSTHETICS, orthotics and supplies ; Requirement for accreditation described in clause not applying for purposes of supplying diabetic testing supplies, canes and crutches in case of pharmacy enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...RELATIVE value units under subsection with respect to advanced diagnostic imaging services ; Consistent with methodolology for computing number of practice expense
Index of Sec 1146. ...DISCHARGE ; Base operating DRG payment amount for
Index of Sec 1151. ...DISCHARGE if subsection not ; Payment amount otherwise to be made under subsection for
Index of Sec 1151. ...DISCHARGE relating to applicable condition ;
Index of Sec 1151. ...DISCHARGE from hospital or critical access hospital ; Creating new code and payment amount under fee schedule in section 1848 of Social Security Act for services furnished by appropriate physician seeing individual within first week after
Index of Sec 1151. ...DISCHARGE of individual from hospital and other services determined appropriate by Secretary ; Term post acute services meaning services For which payment to be made under Medicare program furnished by skilled nursing facilities, inpatient rehabilitation facilities, long term care hospitals, hospital based outpatient rehabilitation facilities and home health agencies to individual after
Index of Sec 1152. ...DISCHARGE ; Admission of individual to same or another applicable hospital within time period specified by Secretary from date of
Index of Sec 1151. ...DISCHARGE from applicable hospital ; Support beneficiary under section beginning on date of individual's admission to hospital for inpatient hospital services and ending at latest on last day of 90-day period beginning on date of individual's
Index of Sec 1151. ...DISCHARGE from applicable hospital or critical access hospital ; Claim submitted post-acute care provider under title XVIII of Social Security Act indicating that individual readmitted to hospital post-acute care provider or admitted from home and care of home health agency within 30 days of initial
Index of Sec 1151. ...DISCHARGE by amount equal to product ; Secretary reducing payments otherwise to be made to hospital under subsection
Index of Sec 1151. ...DISCHARGES occurring after January 1 ; Implementing system described in paragraph for
Index of Sec 1103. ...DISCHARGES from applicable hospital occurring during fiscal year beginning after October 1 ; Respect to payment for
Index of Sec 1151. ...DISCHARGES for conditions from hospital for fiscal year ; Term aggregate payments for discharges meaning sum of base operating DRG payment amounts for
Index of Sec 1151. ...DISCHARGES or services furnished after first day of fiscal year or rate year beginning after October 1 ; Subparagraph applying to
Index of Sec 1151. ...DISCHARGES for applicable condition for applicable period and hospital ; Excess readmissions not including readmissions for applicable condition For which fewer than minimum number of
Index of Sec 1151. ...DISCHARGES ; Bundle to be applied across categories of providers of inpatient services and post acute care services or limited to certain categories of providers, services or
Index of Sec 1152. ...DISCRETIONARY treatment decisions being made to be characterized as different from best available medical evidence ; Evaluation of extent to which variation to be attributed to physician and practitioner discretion in making treatment decisions and degree to which
Index of Sec 1159. ...DISPROPORTIONATE share hospitals ; Term Medicare dss meaning adjustments in payments under section 1886(d)(5)(f) of Social Security Act 42 USC 1395ww(d)(5)(f) for inpatient hospital services furnished by
Index of Sec 1112. ...DISSEMINATION ; Mailings or other methods of communication facilitating large-scale
Index of Sec 1121. ...DISTRIBUTION of Medicare dss to compensate for higher Medicare costs associated with serving low-income beneficiaries ; Appropriate amount and
Index of Sec 1112. ...DISTRIBUTION of Medicare dss to hospitals given continued uncompensated care costs ; Appropriate amount and
Index of Sec 1112. ...DISTRIBUTION associated with transportation costs ; Demographic characteristics of individuals served and geographic
Index of 0BIOLOGICAL product manufactured by manufacturer not entering and effect rebate agreement described in paragraph ; Term covered part D drug not including drug or
Index of Sec 1181. ...BIOLOGICAL product manufactured by manufacturer declining to enter into rebate agreement described in paragraph for period beginning on January 1, 2010 and ending on December 31, 2010 ; Drug or
Index of Sec 1181. ...BIOLOGICAL product manufactured by manufacturer not entering and effect for qualifying drugs discount agreement described in paragraph ; Term covered part D drug not including drug or
Index of Sec 1182. ...DRUG ; Sponsor or plan providing discount to enrollee at time enrollee paying for
Index of Sec 1182. ...DRUG application approved by Food and drugging Administration ; Drug produced or distributed under original new
Index of Sec 1182. ...DRUG application approved by Food and drugging Administration ; Drug originally marketed under original new
Index of Sec 1182. ...DRUG issued by Food and drugging Administration ; Drug removed from formulary of plan because of recall or withdrawal of
Index of Sec 1185. ...DRUG whose labeling including boxed warning required by Food and drugging Administration under section 201.57 of title 21, Code of Federal Regulations ;
Index of Sec 1185. ...DRUG required under subsection of section 505-1 of Federal Food, Drug and Cosmetic Act to have Risk Evaluation and Management Strategy including elements under subsection of section ;
Index of Sec 1185. ...DRUG under plan for plan year taking effect by date specified by Secretary but no later than start of plan marketing activities for plan year ; Removal of covered part D drug from formulary used by PDP sponsor of prescription drug plan or other material change to formulary so as to reducing coverage of
Index of Sec 1185. ...DRUG of manufacturer dispensed after December 31, 2009 ; Amount specified in paragraph for covered part D
Index of Sec 1181. ...DRUG provided by manufacturer for rebate period ; Respect to dosage form and strength of covered part D
Index of Sec 1181. ...DRUG provided by manufacturer for rebate period ; Term average Medicare drug program rebate eligible rebate amount means with respect to dosage form and strength of covered part D
Index of Sec 1181. ...DRUG from formulary used by PDP sponsor of prescription drug plan or other material change to formulary so as to reducing coverage of drug under plan for plan year taking effect by date specified by Secretary but no later than start of plan marketing activities for plan year ; Removal of covered part D
Index of Sec 1185. ...DRUG below price negotiated under paragraph ; Obtaining discount or reduction of price for covered part D
Index of Sec 1186. ...DRUG being therapeutic equivalent or utilization management applied ; Drug replaced with generic
Index of Sec 1185. ...DRUG dispensed during rebate period to rebate eligible individuals enrolled in prescription drug plans administered by PDP sponsor or Ma-pd plans administered by Ma organization ; Number of units of dosage and strength of
Index of Sec 1181. ...DRUG ; Case of other covered outpatient
Index of Sec 1181. ...BIOLOGICAL product manufactured by manufacturer not entering and effect rebate agreement described in paragraph ; Term covered part D drug not including drug or
Index of Sec 1181. ...BIOLOGICAL product manufactured by manufacturer not entering and effect for qualifying drugs discount agreement described in paragraph ; Term covered part D drug not including drug or
Index of Sec 1182. ...DRUG ; Term drug-component negotiated price means with respect to qualifying
Index of Sec 1182. ...DRUG issued by Food and drugging Administration ; Drug removed from formulary of plan because of recall or withdrawal of
Index of Sec 1185. ...DRUG ; Average sales pricing as determined using methodolology described in paragraph applied to biosimilar biological product for National Drug Codes assigned to product in same manner as paragraph applied to single source
Index of 0DRUG ; Certain formulary changes only before initiating marketing for plan year after status of
Index of Sec 1185. ...DRUG of manufacturer dispensed to rebate eligible Medicare drug plan enrollees under prescription drug plan operated by PDP sponsor during rebate period ; Information on total number of units of dosageing, forming and strength of
Index of Sec 1181. ...DRUG dispensed during rebate period to rebate eligible individuals enrolled in prescription drug plans administered by PDP sponsors and Ma-pd plans administered by Ma organizations ; Total number of units of dosage and strength of
Index of Sec 1181. ...DRUG so provided and dispensed For which payment being made by PDP sponsor under part D or Ma organization under part C for rebate period ; Total number of units of dosage form and strength of
Index of Sec 1181. ...DRUG application ; Including drug product marketed by cross-licensed producers or distributors operating under new
Index of Sec 1182. ...DRUG application approved by Food and drugging Administration ; Drug produced or distributed under original new
Index of Sec 1182. ...DRUG application approved by Food and drugging Administration ; Drug originally marketed under original new
Index of Sec 1182. ...DRUG coverage occuring between initial coverage limit and subparagraph of paragraph of subsection and annual out-of-pocket threshold of subsection ; Term actual gap in coverage meaning gap in prescription
Index of Sec 1182. ...DRUG coverage occurring between initial coverage limit ; Term original in gap coverage meaning gap in prescription
Index of Sec 1182. ...DRUG coverage to part D eligible individual enrolled under program ; Provisions of paragraph of section 1860d-12(c) applying without regard to paragraph of section in case of Pace program electing to provide qualified prescription
Index of Sec 1189. ...DRUG means with respect to prescription drug plan or Ma-pd plan ; Term qualifying
Index of Sec 1182. ...DRUG plan or Ma-pd plan ; Term qualifying drug means with respect to prescription
Index of Sec 1182. ...DRUG plan or Ma-pd plan other than individual being subsidy-eligible individual ; Term qualifying enrollee meaning individual enrolled in prescription
Index of Sec 1182. ...DRUG plan or Ma-pd plan ; Secretary negotiating with pharmaceutical manufacturers prices to be charged to PDP sponsors and Ma organizations for covered part D drugs for part D eligible individuals enrolled under prescription
Index of Sec 1186. ...DRUG plan enrollees and drugs dispensed to PDP and Ma-pd enrollees being not rebate eligible individuals ; Rebateing, discounting or other price concession applying equally to drugs dispensed to rebate eligible Medicare
Index of Sec 1181. ...DRUG plan enrollees under prescription drug plan operated by PDP sponsor during rebate period ; Information on total number of units of dosageing, forming and strength of drug of manufacturer dispensed to rebate eligible Medicare
Index of Sec 1181. ...DRUG plan enrollees and PDP enrollees being not rebate eligible Medicare drug plan enrollees ; Information on extent to which price discounts, price concessions and rebates applying equally to rebate eligible Medicare
Index of Sec 1181. ...DRUG plan or other material change to formulary so as to reducing coverage of drug under plan for plan year taking effect by date specified by Secretary but no later than start of plan marketing activities for plan year ; Removal of covered part D drug from formulary used by PDP sponsor of prescription
Index of Sec 1185. ...DRUG plan requiring that sponsor complying with subparagraphs ; Contract entered with PDP sponsor under part with respect to prescription
Index of Sec 1181. ...DRUG plan operated by PDP sponsor during rebate period ; Information on total number of units of dosageing, forming and strength of drug of manufacturer dispensed to rebate eligible Medicare drug plan enrollees under prescription
Index of Sec 1181. ...DRUG plan offered by PDP sponsor or Ma-pd plan offered by Ma organization ; Case of discount provided under subsection with respect to prescription
Index of Sec 1182. ...DRUG plan and Ma organization offering Ma-pd plan under part C in place utilization management techniques established under subparagraph ; 2012 PDP sponsor offering prescription
Index of Sec 1187. ...DRUG plan offered by PDP sponsor or Ma-pd plan offered by Ma organization ; Regard to prescription
Index of Sec 1188. ...DRUG plans and Ma-pd plans to calculate discount amount described in paragraph ; Collecting necessary information from prescription
Index of Sec 1182. ...COMPLIANCE of plans with formulary requirements under section 1860d-4(b)(3) ; Subparagraph not to be construed as affecting Secretary's authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and Ma-pd plans including
Index of Sec 1186. ...DRUG plans and Ma-pd planing instead of State plans under title XIX ; Discounts to be applied under subsection to prescription
Index of Sec 1182. ...DRUG plans under part D ; Provision applying amendment making by paragraph to prescription
Index of Sec 1174. ...BENEFICIARY cost sharing associated with application of subparagraph ; Secretary establishing procedures fully to reimburse PDP sponsors with respect to prescription drug plans and Ma organizations with respect to Ma-pd plans for reduction in
Index of Sec 1181. ...DRUG plans under part and Ma organizations with respect to Ma-pd plans under part C ; Secretary developing estimate of additional increased costs attributable to application of paragraph for increased drug utilization and financing and administrative costs and using estimate to adjust payments to PDP sponsors with respect to prescription
Index of Sec 1181. ...DRUG plans administered by PDP sponsor or Ma-pd plans administered by Ma organization ; Number of units of dosage and strength of drug dispensed during rebate period to rebate eligible individuals enrolled in prescription
Index of Sec 1181. ...DRUG plans administered by PDP sponsors and Ma-pd plans administered by Ma organizations ; Total number of units of dosage and strength of drug dispensed during rebate period to rebate eligible individuals enrolled in prescription
Index of Sec 1181. ...DRUG plans to reduce waste associated with unused prescription drugs ; Secretary consulting with Administrator of Environmental Protection Agency, Administrator of Food and drugging Administration, Administrator of Drug Enforcement Administration, State Boards of Pharmacy, pharmacy and physician organizations and other appropriate stakeholders to study and determine additional methods for prescription
Index of Sec 1187. ...DRUG plan or organization offering Ma-pd plan ; Nothing in subsection to be construed as preventing sponsor of prescription
Index of Sec 1186. ...DRUG application ; Including drug product marketed by cross-licensed producers or distributors operating under new
Index of Sec 1182. ...DRUG program rebate eligible rebate amounts ; Secretary elects to estimate average Medicare
Index of Sec 1181. ...DRUG program rebate eligible rebate amount of section and determining amount of rebate required under section and period ; Secretary determining being necessary to enable Secretary to calculate average Medicare
Index of Sec 1181. ...DRUG program rebate eligible rebate amount means with respect to dosage form and strength of covered part D drug provided by manufacturer for rebate period ; Term average Medicare
Index of Sec 1181. ...DRUG-component negotiated price for qualifying drugs for period involved ; Amount of discount specified in paragraph for discount period for plan being equal to 50 percent of amount of
Index of Sec 1182. ...DRUG-component negotiated price means with respect to qualifying drug ; Term
Index of Sec 1182. ...PROSTHETICS, orthotics and supplies and issued supplier number for 5 years and final adverse action of title 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety bond described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...PROSTHETICS, orthotics and supplies ; Requirement for accreditation described in clause not applying for purposes of supplying diabetic testing supplies, canes and crutches in case of pharmacy enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...BIDDING process among manufacturers of equipment and supplies ; Comptroller General of United States conducting study to evaluate potential establishment of program under Medicare under title XVIII of Social Security Act to acquire durable medical equipment and supplies through competitive
Index of 0BIDDING program ; Identification of types of durable medical equipment and supplies to be appropriate for
Index of 0RENTAL period Ends ; Sec 1141a, election to Take ownership or Decline ownership of certain item of complex durable medical equipment after 13-month capped
Index of 0ECONOMIC factors including race, ethnicity, gender, age, income and educational status ;
Index of Sec 1159. ...ECONOMY-wide private nonfarm business multi-factor productivity ; Productivity offset in form of reduction in increase or changing equal to percentage change in 10-year moving average of annual
Index of Sec 1103. ...CAPITATION rates described in subsection ; Indirect costs of medical education from
Index of Sec 1161. ...ECONOMIC factors including race, ethnicity, gender, age, income and educational status ;
Index of Sec 1159. ...ELIGIBILITY for coverage of home health services under title XVIII of Social Security Act on basis of need for occupational therapy ; Nothing in subsection to be construed to provide for initial
Index of 0ENDORSEMENT described in subparagraph but applying measures without ; Secretary seeking
Index of Sec 1151. ...CONTRACT under section 1890(a) of Social Security Act but adopting and applying measures under paragraph without ; Secretary seeking endorsement of measures by entity with
Index of Sec 1151. ...ENDOSCOPIES furnished ; Term procedure rooms including rooms in which catheterizations, angiographies, angiograms and
Index of Sec 1156. ...ENVIRONMENTAL needs and primary caregiver needs and resources ; Assessment including assessment of individual's physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and
Index of Sec 1151. ...INCOME and educational status ; Economic factors including race, ethnicity, gender, age,
Index of Sec 1159. ...EXPENDITURES attributable to presumed utilization of 75 percent under subsection instead of presumed utilization of imaging equipment of 50 percent ; Effective for fee schedules established beginning with 2011 reduced
Index of Sec 1146. ...EXPENDITURES attributable to multiple procedure payment reduction applicable to technical component for imaging under final rule published by Secretary in Federal Register on November 21 ; 2011 Secretary increasing reduction in
Index of Sec 1146. ...EXPENDITURES attributable to increase in multiple procedure payment reduction from 25 percent to 50 percent as described in subsection ; Effective for fee schedules established beginning with 2011 reduced
Index of Sec 1146. ...EXPENDITURES ; Maximum amount of funds available under subsection of section for funding for
Index of Sec 1158. ...EXPENDITURES at benefits being available under paragraph ; Consistent with paragraph progressively increase initial coverage limit and decreaseing annual out-of-pocket threshold from amounts otherwise computed until continations of coverage from initial coverage limit for expenditures incurred through total amount of
Index of Sec 1181. ...EXPENDITURES resulting from implementation of provisions of section not exceeding $8,000,000,000 and not exceeding half of amount in payment year ; Secretary ensuring that additional
Index of Sec 1158. ...EXPENDITURES resulting from implementation of subsection of section 1158 of Affordable Health Care for America Act for period before fiscal year 2014 ; Additional
Index of Sec 1158. ...EXPENDITURES under title XVIII of Social Security Act from amount of expenditures ; Secretary implementing geographic adjustment in manner not resulting in net change in aggregate
Index of Sec 1158. ...EXPENDITURES ; Secretary implementing geographic adjustment in manner not resulting in net change in aggregate expenditures under title XVIII of Social Security Act from amount of
Index of Sec 1158. ...CLASSIFIATIONS system for yearing without changes ; Estimated expenditures under future skilled nursing facility servicing classifiations system for fiscal year beginning with fiscal year 2011 with changes to be equal to estimated expenditures otherwise occurring under title XVIII of Social Security Act under future skilled nursing facility servicing
Index of Sec 1111. ...EXPENDITURES under title ; Readmissions representing conditions or procedures being high volume or high
Index of Sec 1151. ...EXPENDITURES at benefits being available under paragraph ; Consistent with paragraph progressively increase initial coverage limit and decreaseing annual out-of-pocket threshold from amounts otherwise computed until continations of coverage from initial coverage limit for expenditures incurred through total amount of
Index of Sec 1181. ...EXPENDITURES and expansion of pilot program resulting in estimated spending to be less ; Demonstration program and pilot program reducing program
Index of Sec 1152. ...BENEFICIARY data ; Need and feasibility of including further gradations of diseases or conditions and multiple years of
Index of Sec 1166. ...FINANCIAL interest to be affected by advice given to Secretary with respect to matter ; Advisory committee member not participating with respect to particular matter considered in advisory committee meeting if member having
Index of Sec 1191. ...FINANCIAL recoveries ; Secretary authorized to take actions including pursuit of
Index of Sec 1174. ...ADMINISTRATIVE costs and using estimate to adjust payments to PDP sponsors with respect to prescription drug plans under part and Ma organizations with respect to Ma-pd plans under part C ; Secretary developing estimate of additional increased costs attributable to application of paragraph for increased drug utilization and financing and
Index of Sec 1181. ...FINANCING for physician owner or investor in hospital ; Hospital not directly or indirectly providing loans or
Index of Sec 1156. ...FINANCING issues ; Representatives of foundations and other nonprofit entities conducting or supported research on Medicare
Index of Sec 1168. ...BENEFICIARY access to high quality equipment and supplies ; Structuring acquisition program in order to promote fiscal responsibility when ensuring
Index of 0FISCAL year involved ; Rate computed for previous fiscal year increased by skilled nursing facility market basket percentage change for
Index of Sec 1101. ...FISCAL year 2011 ; Future skilled nursing facility classifiations system implemented to apply to services furnished during fiscal year beginning with
Index of Sec 1111. ...FISCAL year ; Secretary including result of analysis under subparagraph in fiscal year 2011 rulemaking cycle for purposes of implementation beginning for
Index of Sec 1111. ...CLASSIFIATIONS system for yearing without changes ; Estimated expenditures under future skilled nursing facility servicing classifiations system for fiscal year beginning with fiscal year 2011 with changes to be equal to estimated expenditures otherwise occurring under title XVIII of Social Security Act under future skilled nursing facility servicing
Index of Sec 1111. ...FISCAL year ; Total amount of additional payments or payment adjustments for outliers making under paragraph with respect to fiscal year not exceeding 2 percent of total payments projected or estimated to be made based on prospective payment system under subsection for
Index of Sec 1111. ...FISCAL year in accordance with formula established by Secretary providing ; Secretary computing additional payment to hospital as described in paragraph for
Index of Sec 1112. ...FISCAL year ; Estimated aggregate amount of increase for fiscal year not exceeding 50 percent of aggregate reduction in Medicare dss estimated by Secretary for
Index of Sec 1112. ...FISCAL year to be available until expended ; Amounts appropriated under paragraph for
Index of Sec 1122. ...FISCAL year beginning after October 1 ; Respect to payment for discharges from applicable hospital occurring during
Index of Sec 1151. ...FISCAL year ; Ratio described in subparagraph for hospital for applicable period for
Index of Sec 1151. ...FISCAL year for condition ; Base operating DRG payment amount for hospital for
Index of Sec 1151. ...FISCAL year ; Term aggregate payments for discharges meaning sum of base operating DRG payment amounts for discharges for conditions from hospital for
Index of Sec 1151. ...FISCAL year ; 2011 Secretary making payment adjustment for hospital described in subparagraph, respect
Index of Sec 1151. ...FISCAL year and without application of adjustment factor described in paragraph and applied pursuant to paragraph ; Aggregate amount of payment adjustment under paragraph for fiscal year not exceeding 5 percent of estimated difference in spending occurring for
Index of Sec 1151. ...FISCAL year for hospital and without application of adjustment factor described in paragraph and applied pursuant to paragraph ; Aggregate amount of payment adjustment for hospital under paragraph not exceeding estimated difference in spending occurring for
Index of Sec 1151. ...FISCAL year to applicable hospital as described in section 1886(p)(2) ; Adjustment factor described in section 1886(p)(3) applying to payments with respect to critical access hospital with respect to cost reporting period beginning in fiscal year 2012 and subsequent fiscal year of subsection in manner similar to manner in which section applying with respect to
Index of Sec 1151. ...FISCAL year to be available until expended ; Amounts appropriated under subsection for
Index of Sec 1151. ...FISCAL year to be available until expended ; Amounts appropriated under paragraph for
Index of Sec 1152. ...FISCAL year to be available until expended ; Amounts appropriated under paragraph for
Index of Sec 1156. ...FISCAL year of subsection in manner similar to manner in which section applying with respect to fiscal year to applicable hospital as described in section 1886(p)(2) ; Adjustment factor described in section 1886(p)(3) applying to payments with respect to critical access hospital with respect to cost reporting period beginning in fiscal year 2012 and subsequent
Index of Sec 1151. ...FISCAL year or rate year beginning after October 1 ; Subparagraph applying to discharges or services furnished after first day of
Index of Sec 1151. ...FISCAL year increased by skilled nursing facility market basket percentage change for fiscal year involved ; Rate computed for previous
Index of Sec 1101. ...FISCAL year ; Rate computed for previous
Index of Sec 1101. ...FISCAL year 2010 ; Amendments making by subsection applying to annual increases effected for fiscal years beginning with
Index of Sec 1103. ...FISCAL year 2011 ; Amendments making by subsections and applying to annual increases effected for fiscal years beginning with
Index of Sec 1103. ...FISCAL year 2010 ; Amendment making by subsection applying to annual increases effected for fiscal years beginning with
Index of Sec 1103. ...FISCAL years beginning after October 1 ; Purposes of providing funds to applicable hospitals to take steps described in subparagraph to address factors impacting readmissions of individuals discharged hospital,
Index of Sec 1151. ...FISCAL year 2009 and inserting for fiscal years 2009 and 2010 ; Striking for
Index of Sec 1113. ...FISCAL year 2010 ; Amendments making by subsection applying to annual increases effected for fiscal years beginning with
Index of Sec 1103. ...FISCAL year 2010 ; Amendment making by subsection applying to annual increases effected for fiscal years beginning with
Index of Sec 1103. ...FISCAL year 2010 by appropriate recalibration factor as proposed in proposed rule for Medicare skilled nursing facilities issued by Secretary ; Secretary adjusting case mix indexes under section 1888(e)(4)(g)(i) of Social Security Act 42 USC 1395yy(e)(4)(g)(i) for
Index of Sec 1111. ...FISCAL year 2010 ; Funds in Treasury not otherwise appropriated appropriated to Secretary of Health and Human Services for Centers for Medicare and Medicaid Services programming Management Account $5,000,000 for fiscal year beginning with
Index of Sec 1156. ...FISCAL year 2010 ; Purposes of implementation of amendment making by subsection for
Index of Sec 1193. ...FISCAL year 2011 ; Amendments making by subsections and applying to annual increases effected for fiscal years beginning with
Index of Sec 1103. ...FISCAL year 2011 ; Future skilled nursing facility classifiations system implemented to apply to services furnished during fiscal year beginning with
Index of Sec 1111. ...CLASSIFIATIONS system for yearing without changes ; Estimated expenditures under future skilled nursing facility servicing classifiations system for fiscal year beginning with fiscal year 2011 with changes to be equal to estimated expenditures otherwise occurring under title XVIII of Social Security Act under future skilled nursing facility servicing
Index of Sec 1111. ...FISCAL year 2011 and ending with fiscal year 2019 ; Period beginning with
Index of Sec 1158. ...FISCAL year 2011 rulemaking cycle for purposes of implementation beginning for fiscal year ; Secretary including result of analysis under subparagraph in
Index of Sec 1111. ...FISCAL year 2012 and subsequent fiscal year of subsection in manner similar to manner in which section applying with respect to fiscal year to applicable hospital as described in section 1886(p)(2) ; Adjustment factor described in section 1886(p)(3) applying to payments with respect to critical access hospital with respect to cost reporting period beginning in
Index of Sec 1151. ...FISCAL year 2014 ; Additional expenditures resulting from implementation of subsection of section 1158 of Affordable Health Care for America Act for period before
Index of Sec 1158. ...FISCAL year 2019 ; Period beginning with fiscal year 2011 and ending with
Index of Sec 1158. ...FISCAL years 2009 and 2010 ; Striking for fiscal year 2009 and inserting for
Index of Sec 1113. ...FRAUD and Abuse ; Revocation of waiver upon finding of
Index of Sec 1189. ...GENERAL fund of Treasury not otherwise appropriated $10,000,000 to carry out that section ; Appropriating from amounts in
Index of Sec 1159. ...GEOGRAPHIC adjustment below factor applied for payment system in payment year before changes ; Secretary not reducing
Index of Sec 1158. ...EXPENDITURES under title XVIII of Social Security Act from amount of expenditures ; Secretary implementing geographic adjustment in manner not resulting in net change in aggregate
Index of Sec 1158. ...GEOGRAPHIC adjustment occurring under section ; Secretary estimates to have occurred if no
Index of Sec 1158. ...GEOGRAPHIC adjustments in payment rates ; Counties or equivalent areas in United States in lowest fifth percentile of utilization based on per capita spending under part and parting A for services provided in recent year For which data being available as of date of enactment of subsection as standardized to eliminate effect of
Index of Sec 1123. ...GEOGRAPHIC adjustments otherwise applying under section 1848(e) and sectioning 1886(d)(3)(e) of Social Security Act 42 USC 1395w-4(e), 1395ww(d)(3)(e)) ; Taking into account recommendations described in report under section 1157 and notwithstanding
Index of Sec 1158. ...GEOGRAPHIC adjustments factoring as described in subsections and respect to services furnished before January 1 ; Available to Secretary to make changes to
Index of Sec 1158. ...GEOGRAPHIC adjustment factors established under sections 1848(e) and 1886(d)(3)(e) of Social Security Act 42 USC 1395w-4(e) ; Accuracy of
Index of Sec 1157. ...GEOGRAPHIC adjustment factors used in systems ; Proposals to revise
Index of Sec 1158. ...GEOGRAPHIC area ; Service area of plan to be limited to senior housing facility in
Index of Sec 1178. ...GEOGRAPHIC areas ; Rates to be established on national basis or different
Index of Sec 1152. ...GEOGRAPHIC basis rather than using county boundaries ; Administrator of Centers for Medicare and Medicaid Services conducting study to determine potential effects of calculating Medicare Advantage payment rates on more aggregated
Index of Sec 1168. ...INSTEAD applying index in effect for county on date ;
Index of Sec 1125. ...GEOGRAPHIC measurement including micro areas within larger areas ; Evaluation of extent and range of variation using various units of
Index of Sec 1159. ...GEOGRAPHIC regions ; Ensuring that membership of Advisory Committee representing balance of specialties and
Index of Sec 1191. ...GEOGRAPHIC variation in health Care spending and promoting high-Value health Care ; Sec 1159, Institute of medicine Study of
Index of Sec 1159. ...GEOGRAPHIC variation to be attributed to differences in input prices ; Evaluation of extent to which
Index of Sec 1159. ...GEOGRAPHIC variation and growth in volume and intensity of services in per capita health care spending among Medicare, Medicaid ; Secretary of Health and Human Services entering into agreement with Institute of Medicine of National Academies to conduct study on
Index of Sec 1159. ...GEOGRAPHIC variation or efforts to promote high-value care for items and services reimbursed by private insurance or other programs ; Best to address
Index of Sec 1159. ...GUIDANCE for hospitals to simplify requirements regarding compiling practitioner credentials for purpose of rendering medical staff privileging decision for physicians and practitioners delivering telehealth services furnished via telecommunications system ; Secretary of Health and Human Services issuing
Index of Sec 1191. ...CREDENTIALING packages compiled by another hospital participating under Medicare with regard to physicians and practitioners seeking medical staff privileges in hospital to provide telehealth servicing via telecommunications system from site other than hospital where patient located ; Guidance permitting hospital to accept
Index of Sec 1191. ...GUIDANCE regarding requirements for compiations of credentials for physicians and practitioners not described in paragraph ; Subsection not to be construed as limiting ability of Secretary to issue additional
Index of Sec 1191. ...CHRONIC diseases ; Measures of health functioning and survival for patients with
Index of Sec 1161. ...HEALTH ; Measurement and reporting on quality and population
Index of Sec 1159. ...HEALTH Care spending and promoting high-Value health Care ; Sec 1159, Institute of medicine Study of geographic variation in
Index of Sec 1159. ...HEALTH care providers providing comprehensive range of coordinated and integrated health care services to low-income patient populations including coordinated and comprehensive care by safety net providers to reduce unnecessary use of items and services furnished in emergency departments ; Term collaborative care network meaning consortium of
Index of Sec 1152. ...HEALTH Care ; Sec 1160, implementation and congressional Review of proposal to revise medicare payments to promote high Value
Index of Sec 1160. ...HEALTH Care ; Sec 1159, Institute of medicine Study of geographic variation in health Care spending and promoting high-Value
Index of Sec 1159. ...HEALTH care spending among Medicare, Medicaid ; Secretary of Health and Human Services entering into agreement with Institute of Medicine of National Academies to conduct study on geographic variation and growth in volume and intensity of services in per capita
Index of Sec 1159. ...HEALTH care outcomes and consensus-based measures of health care quality ; Evaluation of extent to which variations in spending correlated with patient access to care, insurance status, distribution of health care resources,
Index of Sec 1159. ...HEALTH care programs and not permitting physicians practicing at hospital to discriminate against beneficiaries ; Not discriminating against beneficiaries of Federal
Index of Sec 1156. ...HEALTH care quality ; Evaluation of extent to which variations in spending correlated with patient access to care, insurance status, distribution of health care resources, health care outcomes and consensus-based measures of
Index of Sec 1159. ...HEALTH care reforms carried out under division A in reducing number of uninsured individuals ; 2016 Secretary of Health and Human Services submitting to Congress report on Medicare dss taking into account impact of
Index of Sec 1112. ...DISTRIBUTION of health care resources, health care outcomes and consensus-based measures of health care quality ; Evaluation of extent to which variations in spending correlated with patient access to care, insurance status,
Index of Sec 1159. ...HEALTH care services to low-income patient populations including coordinated and comprehensive care by safety net providers to reduce unnecessary use of items and services furnished in emergency departments ; Term collaborative care network meaning consortium of health care providers providing comprehensive range of coordinated and integrated
Index of Sec 1152. ...HEALTH market basket percentage increases for years beginning with 2011 ; Amendments making by subsection applying to home
Index of Sec 1155. ...HEALTH outcomes ; Basing on evidence of effectiveness in reducing hospital readmissions and improving
Index of Sec 1151. ...HEALTH plans for provision of home infusion therapy and applicability to Medicare program ; Recommendations on structure of payment system under Medicare program for home infusion therapy including analysis of payment methodologies used under Medicare Advantage plans and private
Index of Sec 1143. ...HEALTH records ; 2012 Secretary developing plan to integrate clinical reporting on quality measures under subsection with reporting requirements under subsection relating to meaningful use of electronic
Index of Sec 1124. ...HEALTH Service in providing prescription drugging toward annual out ; Including Costs incurred by Aids Drug assistance Programs and indian
Index of Sec 1184. ...HEALTH services provided outside United States or entities ; Requirement of subsection not applying to designated
Index of Sec 1156. ...HEALTH services furnished outside United States or entities ; Requirements of paragraph not applying to designated
Index of Sec 1156. ...HEALTH Services ; Incorporating productivity improvements into Market basket updating for Home
Index of Sec 1155. ...HEALTH team members as appropriate ; Development of evidence-based plan of transitional care for individual developed after consulations with individual and individual's primary caregiver and other
Index of Sec 1151. ...DISCHARGE from applicable hospital or critical access hospital ; Claim submitted post-acute care provider under title XVIII of Social Security Act indicating that individual readmitted to hospital post-acute care provider or admitted from home and care of home health agency within 30 days of initial
Index of Sec 1151. ...HEALTH, skilled nursing facility and other services ; Cost-sharing for post acute care bundle to be treated relative to current rules for cost-sharing for inpatient hospital, home
Index of Sec 1152. ...HEALTH agencies in effort to explain variation in Medicare margins for agencies ; Medicare Payment Advisory Commission conducting study regarding variation in performance of home
Index of 0ASSESSMENT visit for individual referred for home health services under title XVIII of Social Security Act ; Home health agency determining appropriate skilled therapist to make initial
Index of 0HEALTH services for individual ; Not requiring skilled nursing care as long as skilled service included as part of plan of care for home
Index of 0HEALTH services under title XVIII of Social Security Act on basis of need for occupational therapy ; Nothing in subsection to be construed to provide for initial eligibility for coverage of home
Index of 0HOME infusion therapy providers to patients in programs ; Scope of coverage for home infusion therapy in fee-for-service Medicare program under title XVIII of Social Security Act, Medicare Advantage under part C of title united States Code and private payers including analysis of scope of services provided by
Index of Sec 1143. ...HEALTH plans for provision of home infusion therapy and applicability to Medicare program ; Recommendations on structure of payment system under Medicare program for home infusion therapy including analysis of payment methodologies used under Medicare Advantage plans and private
Index of Sec 1143. ...HOME infusion therapy and applicability to Medicare program ; Recommendations on structure of payment system under Medicare program for home infusion therapy including analysis of payment methodologies used under Medicare Advantage plans and private health plans for provision of
Index of Sec 1143. ...HOME infusion therapy to be used to construct payment mechanisms in Medicare program ; Assessment of sources of data on costs of
Index of Sec 1143. ...HOME infusion therapy ; Benefits and costs of providing coverage under Medicare program including calculation of potential savings achieved through avoided or shortened hospital and nursing home stays as result of Medicare coverage of
Index of Sec 1143. ...FOR-service Medicare program under title XVIII of Social Security Act, Medicare Advantage under part C of title united States Code and private payers including analysis of scope of services provided by home infusion therapy providers to patients in programs ; Scope of coverage for home infusion therapy in fee-
Index of Sec 1143. ...HOME infusion therapy ; Benefits and costs of providing coverage under Medicare program including calculation of potential savings achieved through avoided or shortened hospital and nursing home stays as result of Medicare coverage of
Index of Sec 1143. ...HOSPITAL ; 2010 during rate year ending in 2010 or subsequent rate year for
Index of Sec 1103. ...HOSPITAL characteristics ; Amount of Medicare dss payment to be amount based on recommendations of report under subsection and taking into account variations in empirical justification for Medicare dss attributable to
Index of Sec 1112. ...DEBT ; Make additional payment to hospital by amount estimated based on amount of uncompensated care provided by hospital based on criteria for uncompensated care as determined by Secretary excluding bad
Index of Sec 1112. ...FISCAL year in accordance with formula established by Secretary providing ; Secretary computing additional payment to hospital as described in paragraph for
Index of Sec 1112. ...HOSPITAL extended Care Services and providing for recognition of attending Physician Assistants as attending Physicians to serve hospice Patients ; Sec 1114 permitting Physician Assistants to Order Post-
Index of Sec 1114. ...DISCHARGE by amount equal to product ; Secretary reducing payments otherwise to be made to hospital under subsection
Index of Sec 1151. ...FISCAL year ; Ratio described in subparagraph for hospital for applicable period for
Index of Sec 1151. ...HOSPITAL for applicable period being equal to 1 minus ratio ; Ratio described in subparagraph for
Index of Sec 1151. ...FISCAL year for condition ; Base operating DRG payment amount for hospital for
Index of Sec 1151. ...FISCAL year ; Term aggregate payments for discharges meaning sum of base operating DRG payment amounts for discharges for conditions from hospital for
Index of Sec 1151. ...HOSPITAL for condition with respect to applicable period ; Risk adjusted expected readmissions for
Index of Sec 1151. ...HOSPITAL-specific limit under paragraph and form of payment making by Secretary under paragraph ;
Index of Sec 1151. ...HOSPITAL to undertake action to alleviate steps ; Secretary determining that hospital taking step, notice to hospital and opportunity for
Index of Sec 1151. ...FISCAL years beginning after October 1 ; Purposes of providing funds to applicable hospitals to take steps described in subparagraph to address factors impacting readmissions of individuals discharged hospital,
Index of Sec 1151. ...FISCAL year for hospital and without application of adjustment factor described in paragraph and applied pursuant to paragraph ; Aggregate amount of payment adjustment for hospital under paragraph not exceeding estimated difference in spending occurring for
Index of Sec 1151. ...DISCHARGE from applicable hospital ; Support beneficiary under section beginning on date of individual's admission to hospital for inpatient hospital services and ending at latest on last day of 90-day period beginning on date of individual's
Index of Sec 1151. ...HOSPITAL or critical access hospital ; Creating new code and payment amount under fee schedule in section 1848 of Social Security Act for services furnished by appropriate physician seeing individual within first week after discharge from
Index of Sec 1151. ...HOSPITAL and other services determined appropriate by Secretary ; Term post acute services meaning services For which payment to be made under Medicare program furnished by skilled nursing facilities, inpatient rehabilitation facilities, long term care hospitals, hospital based outpatient rehabilitation facilities and home health agencies to individual after discharge of individual from
Index of Sec 1152. ...HOSPITAL described in section 1886(d) ; Long-term care hospitals and skilled nursing facilities located in
Index of Sec 1152. ...HOSPITAL meeting requirements of paragraph ;
Index of Sec 1156. ...HOSPITAL meeting requirements described in subsection ;
Index of Sec 1156. ...HOSPITAL ; Percentage of total value of ownership or investment interests holding in hospital or entity whose asseal including
Index of Sec 1156. ...HOSPITAL ; Hospital offers to physician not offered on more favorable terms than terms offered to person being not in position to refer patients or otherwise generating business for
Index of Sec 1156. ...HOSPITAL ; Hospital not directly or indirectly providing loans or financing for physician owner or investor in
Index of Sec 1156. ...HOSPITAL not directly or indirectly guaranteeing loan ;
Index of Sec 1156. ...HOSPITAL in amount being directly proportional to ownership or investment interest of owner or investor in hospital ; Ownership or investment returns distributed to owner or investor in
Index of Sec 1156. ...HOSPITAL or located nearing premises of hospital ; Including purchase or lease of property under control of other owners or investors in
Index of Sec 1156. ...HOSPITAL on more favorable terms than terms offered to person being not physician owner or investor ; Hospital not offering physician owner or investor opportunity to purchase or lease property under control of hospital or other owner or investor in
Index of Sec 1156. ...HOSPITAL ; Hospital not conditioning physician ownership or investment interests directly or indirectly on physician owner or investor making or influencing referrals to hospital or otherwise generating business for
Index of Sec 1156. ...HOSPITAL lacking additional capabilities required to treat emergency ;
Index of Sec 1156. ...AMBULATORY surgical center to hospital after date of enactment of subsection ; Hospital not converted from
Index of Sec 1156. ...HOSPITAL applying for exception from requirement under paragraph ; Secretary establishing and implementing process under which
Index of Sec 1156. ...HOSPITAL applying for exception located with opportunity to provide input with respect to application ; Process under clause providing persons and entities in community in which
Index of Sec 1156. ...HOSPITAL to apply for exception up to once every 2 years ; Process described in subparagraph permitting
Index of Sec 1156. ...HOSPITAL after application of recent increase exception ; Procedure rooms or beds of hospital if hospital granting previous exception under paragraph or beds of
Index of Sec 1156. ...HOSPITAL ; Secretary granting exception under process described in subparagraph only to
Index of Sec 1156. ...HOSPITAL located during that period as estimated by Bureau of Census and available to Secretary ; Locating in county in which percentage increase in population during recent 5-year period For which data being available estimated to be 150 percent of percentage increase in population growth of State in which
Index of Sec 1156. ...HOSPITAL located ; Whose annual percent of total inpatient admissions representing inpatient admissions under program under title XIX estimated to be equal or greater than average percent with respect to admissions for hospitals located in county in which
Index of Sec 1156. ...HOSPITAL to discriminate against beneficiaries ; Not discriminating against beneficiaries of Federal health care programs and not permitting physicians practicing at
Index of Sec 1156. ...HOSPITAL located ; Average bed occupancy rate estimated to be greater than average bed occupancy rate in State in which
Index of Sec 1156. ...HOSPITAL admiting patient and not physician available on premises 24 hours per day ;
Index of Sec 1156. ...HOSPITAL disclosing fact to patient ;
Index of Sec 1156. ...COMPLIANCE with regulations pursuant to section 1866 ; Nothing in subsection to be construed as preventing Secretary from terminating hospital's provider agreement if hospital being not in
Index of Sec 1156. ...HOSPITAL ; Flexibility in ACCEPTING credentialing by another medicare participating
Index of Sec 1191. ...CREDENTIALING packages compiled by another hospital participating under Medicare with regard to physicians and practitioners seeking medical staff privileges in hospital to provide telehealth servicing via telecommunications system from site other than hospital where patient located ; Guidance permitting hospital to accept
Index of Sec 1191. ...CREDENTIALING package compiled by another facility ; Nothing in subsection to be construed to require hospital to accept
Index of Sec 1191. ...CREDENTIALING materials prepared by another hospital ; Hospital accepting
Index of Sec 1191. ...HOSPITAL from applicable privileging requirements ; Paragraph only applying to credentialing and not relieving
Index of Sec 1191. ...HOSPITAL and opportunity for hospital to undertake action to alleviate steps ; Secretary determining that hospital taking step, notice to
Index of Sec 1151. ...HOSPITAL and post-acute provider groups participating in pilot program ; Nothing in subsection to be construed as limiting number of hospital and physician groups or number of
Index of Sec 1152. ...HOSPITAL and readmission having meanings given terms in section 1886(p)(5) of Social Security Act ; Terms applicable condition, applicable
Index of Sec 1151. ...HOSPITAL of section ; Term hospital having meaning given term in subsection of section 1861 of Social Security Act 42 USC 1395x and including critical access
Index of Sec 1191. ...HOSPITAL or entity whose asseal including hospital ; Percentage of total value of ownership or investment interests holding in
Index of Sec 1156. ...HOSPITAL or hospital paid under section 1814(b)(3) ; Term applicable hospital meaning subsection
Index of Sec 1151. ...HOSPITAL or unit ; Annual percentage increase factor applying to base rate days for
Index of Sec 1103. ...HOSPITAL participating under Medicare with regard to physicians and practitioners seeking medical staff privileges in hospital to provide telehealth servicing via telecommunications system from site other than hospital where patient located ; Guidance permitting hospital to accept credentialing packages compiled by another
Index of Sec 1191. ...HOSPITAL ; Hospital accepting credentialing materials prepared by another
Index of Sec 1191. ...FISCAL year beginning after October 1 ; Respect to payment for discharges from applicable hospital occurring during
Index of Sec 1151. ...HOSPITAL meaning subsection hospital or hospital paid under section 1814(b)(3) ; Term applicable
Index of Sec 1151. ...HOSPITAL ; Case of individual discharged from applicable
Index of Sec 1151. ...HOSPITAL ; Subparagraph applying to applicable
Index of Sec 1151. ...HOSPITAL ; Support beneficiary under section beginning on date of individual's admission to hospital for inpatient hospital services and ending at latest on last day of 90-day period beginning on date of individual's discharge from applicable
Index of Sec 1151. ...HOSPITAL as described in section 1886(p)(2) ; Adjustment factor described in section 1886(p)(3) applying to payments with respect to critical access hospital with respect to cost reporting period beginning in fiscal year 2012 and subsequent fiscal year of subsection in manner similar to manner in which section applying with respect to fiscal year to applicable
Index of Sec 1151. ...HOSPITAL from post acute care provider and readmission not governed by section 412.531 of title 42 ; Respect to readmission to applicable hospital or critical access
Index of Sec 1151. ...HOSPITAL ; Excess readmissions not including readmissions for applicable condition For which fewer than minimum number of discharges for applicable condition for applicable period and
Index of Sec 1151. ...HOME infusion therapy ; Benefits and costs of providing coverage under Medicare program including calculation of potential savings achieved through avoided or shortened hospital and nursing home stays as result of Medicare coverage of
Index of Sec 1143. ...HOSPITAL meaning entity demonstrating ability to meet patient care and patient safety standards and providing under common management medical and rehabilitation services provided in inpatient rehabilitation hospitals and units ; Term continuing care
Index of Sec 1152. ...HOSPITAL paid under section 1814(b)(3) ; Case of
Index of Sec 1151. ...HOSPITAL meeting requirements described in subsection ; Case of
Index of Sec 1156. ...HOSPITAL not offering emergency services ; Case of
Index of Sec 1156. ...HOSPITAL on more favorable terms than terms offered to person being not physician owner or investor ; Hospital not offering physician owner or investor opportunity to purchase or lease property under control of hospital or other owner or investor in
Index of Sec 1156. ...FISCAL year 2012 and subsequent fiscal year of subsection in manner similar to manner in which section applying with respect to fiscal year to applicable hospital as described in section 1886(p)(2) ; Adjustment factor described in section 1886(p)(3) applying to payments with respect to critical access hospital with respect to cost reporting period beginning in
Index of Sec 1151. ...HOSPITAL from post acute care provider and readmission not governed by section 412.531 of title 42 ; Respect to readmission to applicable hospital or critical access
Index of Sec 1151. ...HOSPITAL ; Creating new code and payment amount under fee schedule in section 1848 of Social Security Act for services furnished by appropriate physician seeing individual within first week after discharge from hospital or critical access
Index of Sec 1151. ...HEALTH, skilled nursing facility and other services ; Cost-sharing for post acute care bundle to be treated relative to current rules for cost-sharing for inpatient hospital, home
Index of Sec 1152. ...HOSPITAL ; Submitting to Secretary initial report and periodic updating at frequency determined by Secretary containing detailed description of identity of physician owner and physician investor and other owners or investors of
Index of Sec 1156. ...HOSPITAL ; Procedure rooms or beds of hospital pursuant to paragraph only occurring in facilities on main campus of
Index of Sec 1156. ...HOSPITAL and physician groups or number of hospital and post-acute provider groups participating in pilot program ; Nothing in subsection to be construed as limiting number of
Index of Sec 1152. ...HOSPITAL after application of recent increase exception ; Procedure rooms or beds of hospital if hospital granting previous exception under paragraph or beds of
Index of Sec 1156. ...HOSPITAL ; Including purchase or lease of property under control of other owners or investors in hospital or located nearing premises of
Index of Sec 1156. ...HOSPITAL after application of recent increase exception ; Procedure rooms or beds of hospital if hospital granting previous exception under paragraph or beds of
Index of Sec 1156. ...HOSPITAL exceeding 200 percent of baseline number of operating ; Procedure rooms or beds of
Index of Sec 1156. ...HOSPITAL pursuant to paragraph only occurring in facilities on main campus of hospital ; Procedure rooms or beds of
Index of Sec 1156. ...HOSPITAL having meaning given term in subsection of section 1861 of Social Security Act 42 USC 1395x and including critical access hospital of section ; Term
Index of Sec 1191. ...HOSPITAL offers to physician not offered on more favorable terms than terms offered to person being not in position to refer patients or otherwise generating business for hospital ;
Index of Sec 1156. ...DISCHARGE from applicable hospital or critical access hospital ; Claim submitted post-acute care provider under title XVIII of Social Security Act indicating that individual readmitted to hospital post-acute care provider or admitted from home and care of home health agency within 30 days of initial
Index of Sec 1151. ...HOSPITAL site of care ; Secretary providing priority to hospitals serving Medicare beneficiaries at highest risk for readmission or poor transition hospital to post-
Index of Sec 1151. ...HOSPITAL readmission rates ; Uses of funds affected
Index of Sec 1151. ...HEALTH outcomes ; Basing on evidence of effectiveness in reducing hospital readmissions and improving
Index of Sec 1151. ...HOSPITAL READMISSIONS ; Sec 1151 reducing potentially preventable
Index of Sec 1151. ...HOSPITAL services or services rendered in physicians' offices ; Connection with outpatient
Index of Sec 1152. ...HOSPITAL services furnished by psychiatric hospitals of subsection and psychiatric units of subsection, see section 124 of Medicare, Medicaid and SCHIP balanced Budget Refinement Act of 1999 ; Provisions related to establishment and implementation of prospective payment system for payments under title for inpatient
Index of Sec 1103. ...DISPROPORTIONATE share hospitals ; Term Medicare dss meaning adjustments in payments under section 1886(d)(5)(f) of Social Security Act 42 USC 1395ww(d)(5)(f) for inpatient hospital services furnished by
Index of Sec 1112. ...DISCHARGE from applicable hospital ; Support beneficiary under section beginning on date of individual's admission to hospital for inpatient hospital services and ending at latest on last day of 90-day period beginning on date of individual's
Index of Sec 1151. ...HOSPITAL stay to qualify for services furnished by skilled nursing facilities and coordination of payments and care under Medicare program and Medicaid program ; Post-acute transfer policy, three-day
Index of Sec 1152. ...HOSPITAL'S process for compiling and verifing credentials ; Hospital not to be required to exercise oversight over other
Index of Sec 1191. ...HOUSING facilities not to be serviced by plan ; Additional senior
Index of Sec 1178. ...GEOGRAPHIC area ; Service area of plan to be limited to senior housing facility in
Index of Sec 1178. ...HOUSING facility plan described in paragraph and periods before January 1 ; Case of Medicare Advantage senior
Index of Sec 1178. ...IDENTICAL GAFS ; Purposes of iterative process described in clause, two msas having
Index of Sec 1125. ...BIDDING program ; Identification of types of durable medical equipment and supplies to be appropriate for
Index of 0IDENTIFICATION for year ; Notifying Medicare Advantage organization offering qualifying plan in qualifying county of
Index of Sec 1161. ...HOSPITAL ; Submitting to Secretary initial report and periodic updating at frequency determined by Secretary containing detailed description of identity of physician owner and physician investor and other owners or investors of
Index of Sec 1156. ...HEALTH Care ; Sec 1160, implementation and congressional Review of proposal to revise medicare payments to promote high Value
Index of Sec 1160. ...IMPLEMENTATION occurred as of January 1 ; Secretary establishing procedures for retroactive reimbursement of part D eligible individuals covered plan for costs incurred before date of initial implementation of subparagraph and reimbursed plan if
Index of Sec 1181. ...FISCAL year 2010 ; Purposes of implementation of amendment making by subsection for
Index of Sec 1193. ...IMPLEMENTATION of plan ; Medicare Payment Advisory Committee and Comptroller General of United States evaluating plan and submitting to House of Congress report containing analysis and recommendations regarding
Index of Sec 1160. ...IMPLEMENTATION of provisions of section not exceeding $8,000,000,000 and not exceeding half of amount in payment year ; Secretary ensuring that additional expenditures resulting from
Index of Sec 1158. ...IMPLEMENTATION of rbrvs ; Codes not being subject to review since
Index of Sec 1122. ...IMPLEMENTATION occurred as of January 1 ; Secretary establishing procedures for retroactive reimbursement of part D eligible individuals covered plan for costs incurred before date of initial implementation of subparagraph and reimbursed plan if
Index of Sec 1181. ...FISCAL year 2014 ; Additional expenditures resulting from implementation of subsection of section 1158 of Affordable Health Care for America Act for period before
Index of Sec 1158. ...HOSPITAL services furnished by psychiatric hospitals of subsection and psychiatric units of subsection, see section 124 of Medicare, Medicaid and SCHIP balanced Budget Refinement Act of 1999 ; Provisions related to establishment and implementation of prospective payment system for payments under title for inpatient
Index of Sec 1103. ...FISCAL year ; Secretary including result of analysis under subparagraph in fiscal year 2011 rulemaking cycle for purposes of implementation beginning for
Index of Sec 1111. ...IMPLEMENTATION plan requiring substantial change to payment system ;
Index of Sec 1160. ...IMPLEMENTATION plan describing proposed changes to payment for items and services under parts A and B of title XVIII of Social Security Act taking into consideations as appropriate ; Secretary submitting to House of Congress final
Index of Sec 1160. ...IMPLEMENTATION plan under paragraph proposing changes being not otherwise permitted under title XVIII of Social Security Act ; Extent final
Index of Sec 1160. ...IMPLEMENTATION plan submitted under subsection and waivers specified in subsection to extent required to carry out plan being effective ; Secretary including appropriate proposals to revise payments under title XVIII of Social Security Act in accordance with final
Index of Sec 1160. ...IMPLEMENTATION plan received by House of Representatives and Senate under subsection ; Day on which final
Index of Sec 1160. ...IMPLEMENTATION plan of Secretary of Health and Human Services submitted under section 1160(a) of Affordable Health Care for America Act ; Joint resolution disapproving Medicare final
Index of Sec 1160. ...IMPLEMENTATION plan of Secretary submitted under subsection ; Effects being directly attributable to disapproving Medicare final
Index of Sec 1160. ...IMPLEMENTATION plan received by House of Congress under subsection ; Not later than 45 days after date preliations
Index of Sec 1160. ...IMPLEMENTATION plan provided under paragraph ; Secretary submitting to House of Congress preliations version of
Index of Sec 1160. ...ASSESSMENT of effects of proposed payment changes by provider or supplier type and State relative to payments otherwise applying ; Preliations and final implementation plans under subsection including detailed
Index of Sec 1160. ...IMPOSITION of intermediate sanction not described in clause against Medicare Advantage organization, PDP sponsor or agent or broker organization or sponsor for violation described in clause ; State recommending to Secretary
Index of 0INAPPROATIONS steps involving readmissions or transfers ; Secretary monitoring activities of applicable hospitals to determine if hospitals taking steps to avoid patients at risk in order to reduce likelihood of increasing readmissions for applicable conditions or taking other
Index of Sec 1151. ...INCOME beneficiaries ; Appropriate amount and distribution of Medicare dss to compensate for higher Medicare costs associated with serving low-
Index of Sec 1112. ...INCOME patient populations including coordinated and comprehensive care by safety net providers to reduce unnecessary use of items and services furnished in emergency departments ; Term collaborative care network meaning consortium of health care providers providing comprehensive range of coordinated and integrated health care services to low-
Index of Sec 1152. ...INCOME and educational status ; Economic factors including race, ethnicity, gender, age,
Index of Sec 1159. ...INCOME beneficiaries ; Secretary of Health and Human Services submitting to Congress report evaluating adequacy of risk adjustment system under section 1853(a)(1)(c) of Social Security Act 42 USC 1395-23(a)(1)(c) in predicting costs for beneficiaries with chronic or co-morbid conditions, beneficiaries dually-eligible for Medicare and Medicaid and non-Medicaid eligible low-
Index of Sec 1166. ...INFORMATION on effective uses of funds ; Report considering
Index of Sec 1151. ...COMPENSATION arrangements ; Entity providing covered items or services For which payment to be made under title providing Secretary with information concerning entity's ownership, investment and
Index of Sec 1156. ...INFORMATION to be provided in form, manner and times as Secretary specifying ;
Index of Sec 1156. ...INFORMATION to be reported or disclosed under paragraph to be provided in form, manner and times as Secretary specifying ;
Index of Sec 1156. ...INFORMATION submitted by hospitals under paragraph on public Internet website of Centers for Medicare and Medicaid Services ;
Index of Sec 1156. ...INFORMATION ; Failure to report or disclose
Index of Sec 1156. ...INFORMATION collected under section 1860d-12(b)(7)(b) ; Manufacturers receiving
Index of Sec 1181. ...DRUG of manufacturer dispensed to rebate eligible Medicare drug plan enrollees under prescription drug plan operated by PDP sponsor during rebate period ; Information on total number of units of dosageing, forming and strength of
Index of Sec 1181. ...DRUG plan enrollees and PDP enrollees being not rebate eligible Medicare drug plan enrollees ; Information on extent to which price discounts, price concessions and rebates applying equally to rebate eligible Medicare
Index of Sec 1181. ...INFORMATION reported by PDP sponsors under paragraph in same manner ; Provisions of subparagraph of section 1927(b)(3) applying to
Index of Sec 1181. ...INFORMATION reported under paragraph to be used by Inspector General of Department of Health and Human Services for statutorily authorized purposes of audit, investigation and evaluations ;
Index of Sec 1181. ...INFORMATION required under subparagraph on timely basis ; Failing to provide
Index of Sec 1181. ...INFORMATION and Provision of false information ; Penalties for failure to provide timely
Index of Sec 1181. ...INFORMATION under part and using estimates as basis for determining rebates under section ; Secretary establishing methodolology for estimating average Medicare drug program rebate eligible rebate amounts for rebate period based on bid and utilization
Index of Sec 1181. ...CONFIDENTIALITY of information ; Excepting for provisions related to
Index of Sec 1122. ...INFORMATION reported under subparagraph to Secretary for purpose of audit oversight and evaluation ; PDP sponsor promptly transmitting copy of
Index of Sec 1181. ...INFORMATION described in section 1860d-12(b)(7) ; Rebate to be paid by manufacturer to Secretary not later than 30 days after date of receipt of
Index of Sec 1181. ...INFORMATION ; Penalties for failure to provide timely information and Provision of false
Index of Sec 1181. ...INFORMATION ; Sponsor being subject to civil money penalty in amount not to exceed $100,000 for item of false
Index of Sec 1181. ...INFORMATION described in previous sentence ; Secretary providing for publication on website for Medicare program of
Index of Sec 1161. ...DRUG plans and Ma-pd plans to calculate discount amount described in paragraph ; Collecting necessary information from prescription
Index of Sec 1182. ...INFORMATION under subparagraph of paragraph as determined by Secretary ; Including as section applied under section 1857(f)(3) or 30 days after receipt of
Index of Sec 1181. ...DRUG-component negotiated price ; Sponsors and Ma organizations to be responsible for reporting information on
Index of Sec 1182. ...INSTEAD applying index in effect for county on date ;
Index of Sec 1125. ...INSTEAD of State plans under title XIX ; Discounts to be applied under subsection to prescription drug plans and Ma-pd planing
Index of Sec 1182. ...INSURANCE commissioner ; Secretary only granting waiver under paragraph if Secretary receiving certification from State
Index of Sec 1189. ...INSURANCE or other programs ; Best to address geographic variation or efforts to promote high-value care for items and services reimbursed by private
Index of Sec 1159. ...CERTIFICATION to Secretary ; Secretary revoking waiver granted under paragraph if State insurance commissioner submiting
Index of Sec 1189. ...DISTRIBUTION of health care resources, health care outcomes and consensus-based measures of health care quality ; Evaluation of extent to which variations in spending correlated with patient access to care, insurance status,
Index of Sec 1159. ...INSURANCE status prior to enrollment in Medicare program under title XVIII of Social Security Act and institutionalization status ; Evaluation of extent to which variations in spending correlated with
Index of Sec 1159. ...CAPITAL contributions making at time ownership or investment interest obtained ; Investment interest of owner or investor being directly proportional to owner or investor's
Index of Sec 1156. ...HOSPITAL characteristics ; Amount of Medicare dss payment to be amount based on recommendations of report under subsection and taking into account variations in empirical justification for Medicare dss attributable to
Index of Sec 1112. ...LEGISLATIVE days after applicable date of introduction of joint resolution ; Committee of House of Representatives to which joint resolution introduced under paragraph referred reporting joint resolution to House not later than 50
Index of Sec 1160. ...LEGISLATIVE days ; Committee of Senate to which joint resolution introduced under paragraph referred reporting joint resolution to Senate within 50
Index of Sec 1160. ...LEGISLATIVE days after day on which proponent announcing intention to offer motion ; Motion in order only at time designated by Speaker in legislative schedule within two
Index of Sec 1160. ...LEGISLATIVE days after day on which proponent announcing intention to offer motion ; Motion in order only at time designated by Speaker in legislative schedule within two
Index of Sec 1160. ...LEGISLATIVE day meaning calendar day excluding day on which House being not in session ; Term
Index of Sec 1160. ...LEGISLATIVE day after joint resolution reported by committee or committees of Senate ; Vote on final passage of joint resolution to be taken in Senate before close of second
Index of Sec 1160. ...LEGISLATIVE days after day on which proponent announcing intention to offer motion ; Motion in order only at time designated by Speaker in legislative schedule within two
Index of Sec 1160. ...LEGISLATIVE days after day on which proponent announcing intention to offer motion ; Motion in order only at time designated by Speaker in legislative schedule within two
Index of Sec 1160. ...LIQUIDATION more than 24 months of rental payments made ; Supplier furnishing oxygen and oxygen equipment to individual declared bankrupt and asseal liquidated and time of declaration and
Index of Sec 1147. ...LOAN ; Hospital not directly or indirectly guaranteeing
Index of Sec 1156. ...MAINTENANCE and servicing during period otherwise to be paid if individual accepted title to equipment ; Other than payment for
Index of 0MAINTENANCE and servicing payments to be made in accordance with clause ;
Index of 0MALPRACTICE geographic indices otherwise to be determined under clauses ; 2011 and January 1, 2016 and
Index of Sec 1125. ...CANCER surgical procedure ; Secretary developing policies to ensure appropriate beneficiary access and utilization safeguards for items supplied to beneficiary prior to mastectomy or other breast
Index of Sec 1149. ...CANCER surgical procedure ; Payment for post-mastectomy external breast prosthesis garments to be made regardless whether items supplied to beneficiary prior after mastectomy procedure or other breast
Index of Sec 1149. ...MEDICAL evidence ; Evaluation of extent to which variation to be attributed to physician and practitioner discretion in making treatment decisions and degree to which discretionary treatment decisions being made to be characterized as different from best available
Index of Sec 1159. ...MEDICAL loss ratio on timely basis ; Data necessary for Secretary to publish
Index of Sec 1173. ...MEDICAL loss ratio for year to be submitted based on standardized elements and definitions developed under paragraph ; Data to be submitted under subparagraph relating to
Index of Sec 1173. ...MEDICAL loss ratio for Ma plans ; Secretary developing and implement standardized data elements and definitions for reporting under subsection for contract years beginning with 2012 of data necessary for calculation of
Index of Sec 1173. ...MEDICAL loss ratio having meaning given term by Secretary ; Term
Index of Sec 1173. ...MEDICAL loss ratio ; Ma plan failing to have
Index of Sec 1173. ...CONTRACT years ; Secretary terminating plan contract if plan failing to have medical loss ratio for 5 consecutive
Index of Sec 1173. ...MEDICAL need during that payment being made under clause ; Transferring and end of period of
Index of 0MEDICAL need during that payment being made under clause ; End of period of
Index of 0MEDICAL need for remainder of reasonable useful lifetime of equipment as determined by Secretary ; Supplier furnishing equipment as of month continuing to furnish equipment to individual during subsequent period of
Index of Sec 1147. ...MEDICAL staff privileging decision for physicians and practitioners delivering telehealth services furnished via telecommunications system ; Secretary of Health and Human Services issuing guidance for hospitals to simplify requirements regarding compiling practitioner credentials for purpose of rendering
Index of Sec 1191. ...HOSPITAL to provide telehealth servicing via telecommunications system from site other than hospital where patient located ; Guidance permitting hospital to accept credentialing packages compiled by another hospital participating under Medicare with regard to physicians and practitioners seeking medical staff privileges in
Index of Sec 1191. ...MEDICAL technologies ; Patient access to providers and needed
Index of Sec 1157. ...HOSPITAL ; Flexibility in ACCEPTING credentialing by another medicare participating
Index of Sec 1191. ...MEDICARE Advantage payment Rates on A regional Average of medicare fee for Service Rates ; Sec 1168, Study regarding Effects of calculating
Index of Sec 1168. ...MEDICARE Drug Plan Enrollees ; Reporting requirement for determination and payment of Rebates by manufacturing related to Rebate for Rebate eligible
Index of Sec 1181. ...MEDICARE Drug Plan Enrollees ; Reporting requirement for determination and payment of Rebates by Manufacturers related to Rebate for Rebate eligible
Index of Sec 1181. ...MEDICARE Drug Plan Enrollees ; Reporting requirement related to Rebate for Rebate eligible
Index of Sec 1181. ...MEDICARE exceptions to prohibition on certain Physician Referrals making to hospitals ; Limitation on
Index of Sec 1156. ...MEDICARE fee for Service Rates ; Sec 1168, Study regarding Effects of calculating medicare Advantage payment Rates on A regional Average of
Index of Sec 1168. ...HEALTH Care ; Sec 1160, implementation and congressional Review of proposal to revise medicare payments to promote high Value
Index of Sec 1160. ...GEOGRAPHIC variation in health Care spending and promoting high-Value health Care ; Sec 1159, Institute of medicine Study of
Index of Sec 1159. ...ENVIRONMENTAL needs and primary caregiver needs and resources ; Assessment including assessment of individual's physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and
Index of Sec 1151. ...MENTAL status, ability to perform activities of daily ; Analysis considering use of appropriate predictors including age, physical and
Index of Sec 1111. ...MICRO areas within larger areas ; Evaluation of extent and range of variation using various units of geographic measurement including
Index of Sec 1159. ...CIVIL monetary penalties in accordance with laws and procedures of State ; Nothing in title to be construed to prohibit State from conducting market conduct examination or imposing
Index of 0CIVIL monetary penalty under section 1857 against Medicare Advantage organization, PDP sponsor or agent or broker organization or sponsor for violation described in clause ; Nothing in clause to be construed as limiting ability of Secretary to impose sanction other than
Index of 0MOTION excepting 20 minutes of debate equally divided and controlled by proponent and opponent ; Previous question to be considered as ordered on motion to adoption without intervening
Index of Sec 1160. ...MOTION ; Motion in order only at time designated by Speaker in legislative schedule within two legislative days after day on which proponent announcing intention to offer
Index of Sec 1160. ...MOTION to reconsider vote on passage of joint resolution not in order ;
Index of Sec 1160. ...MOTION in Senate to proceed to consideations of joint resolution to be privileging and not debatable ;
Index of Sec 1160. ...MOTION to recommit joint resolution being not in order ;
Index of Sec 1160. ...MOTION or appeal in connection with joint resolution to be limited to not more than 1 hour ; Debate in Senate on debatable
Index of Sec 1160. ...FINANCING issues ; Representatives of foundations and other nonprofit entities conducting or supported research on Medicare
Index of Sec 1168. ...OCCUPATIONAL therapy ; Nothing in subsection to be construed to provide for initial eligibility for coverage of home health services under title XVIII of Social Security Act on basis of need for
Index of 0EXPENDITURES at benefits being available under paragraph ; Consistent with paragraph progressively increase initial coverage limit and decreaseing annual out-of-pocket threshold from amounts otherwise computed until continations of coverage from initial coverage limit for expenditures incurred through total amount of
Index of Sec 1181. ...OF-pocket threshold otherwise computed without regard to paragraph to be decreased by cumulative opting phase ; Annual out-
Index of Sec 1181. ...OF-pocket threshold for year to extent necessary to ensure that sum of initial coverage limit described in subparagraph ; Secretary adjusting annual out-
Index of Sec 1181. ...OF-pocket threshold specified in paragraph for year ; Annual out-
Index of Sec 1181. ...OF-pocket threshold of subsection ; Term actual gap in coverage meaning gap in prescription drug coverage occuring between initial coverage limit and subparagraph of paragraph of subsection and annual out-
Index of Sec 1182. ...TITLE 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety bond described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment, prosthetics, orthotics and supplies and issued supplier number for 5 years and final adverse action of
Index of Sec 1147. ...ACCREDITATION described in clause not applying for purposes of supplying diabetic testing supplies, canes and crutches in case of pharmacy enrolled under section 1866(j) as supplier of durable medical equipment, prosthetics, orthotics and supplies ; Requirement for
Index of Sec 1147. ...OWNERSHIP of certain item of complex durable medical equipment after 13-month capped rental period Ends ; Sec 1141a, election to Take ownership or Decline
Index of 0HOSPITAL ; Making payment toward loan or otherwise subsidizing loan for physician owner or investor or group of physician owners or investors related to acquiring ownership or investment interest in
Index of Sec 1156. ...HOSPITAL ; Ownership or investment returns distributed to owner or investor in hospital in amount being directly proportional to ownership or investment interest of owner or investor in
Index of Sec 1156. ...INTEREST obtained ; Investment interest of owner or investor being directly proportional to owner or investor's capital contributions making at time ownership or investment
Index of Sec 1156. ...HOSPITAL or entity whose asseal including hospital ; Percentage of total value of ownership or investment interests holding in
Index of Sec 1156. ...HOSPITAL or otherwise generating business for hospital ; Hospital not conditioning physician ownership or investment interests directly or indirectly on physician owner or investor making or influencing referrals to
Index of Sec 1156. ...HOSPITAL in amount being directly proportional to ownership or investment interest of owner or investor in hospital ; Ownership or investment returns distributed to owner or investor in
Index of Sec 1156. ...COMPENSATION arrangements ; Entity providing covered items or services For which payment to be made under title providing Secretary with information concerning entity's ownership, investment and
Index of Sec 1156. ...HOSPITAL ownership exceptions to self-referral prohibition ; Requirements to qualify for rural Provider and
Index of Sec 1156. ...LIQUIDATION more than 24 months of rental payments made ; Supplier furnishing oxygen and oxygen equipment to individual declared bankrupt and asseal liquidated and time of declaration and
Index of Sec 1147. ...OXYGEN equipment described in section 1834(a)(5)(f) of Social Security Act occuring after July 1 ; Amendments making by paragraph taking effect as of date of enactment of Act and applying to furnishing of equipment to individuals 27th month of continuous period of use of
Index of Sec 1147. ...PAYMENT of skilled nursing facility services under section 1888(e) of Social Security Act 42 USC 1395yy(e) ; Changes in payment described in subparagraph applying for days after January 1, 2010 and Secretary implementing alternative case mix classifiations system for
Index of Sec 1111. ...PAYMENT for services of physician assistants under part B of title XVIII of Act ; Nothing in amendments making by subsection to be construed as changing requirements of section 1842(b)(6)(c) of Social Security Act 42 USC 1395u(b)(6)(c) with respect to
Index of Sec 1114. ...PAYMENT under fee schedule under subsection ; Secretary making appropriate coding revisions including consolidation of individual services into bundled codes for
Index of Sec 1122. ...PAYMENT under section applicable to State of California using Metropolitan Statistical Area iterative Geographic Adjustment Factor methodolology as following ; Secretary revising fee schedule areas used for
Index of Sec 1125. ...PAYMENT being made for rental of Group 3 Support Surface under clause ; Supplier transferring title to individual on first day begining after 13th continuous month during that
Index of 0PAYMENT being made for rental of Group 3 Support Surface under clause unless day passing ; Supplier transferring title to individual on first day begining after 13th continuous month during that
Index of 0PAYMENT being made for rental of equipment under clause ; Individual rejects transferring of title to Group 3 Support Surface under subclause and individual requiring Support Surface at subsequent time during period of reasonable useful lifetime of equipment beginning with first month For which
Index of 0PAYMENT being made under clause ; Transferring and end of period of medical need during that
Index of 0PAYMENT being made under clause ; End of period of medical need during that
Index of 0DISCHARGES from applicable hospital occurring during fiscal year beginning after October 1 ; Respect to payment for
Index of Sec 1151. ...PAYMENT under paragraph to be used for purposes described in subparagraph ; Increase in
Index of Sec 1151. ...PAYMENT otherwise to be made under respective payment system under title for post-acute care provider if subsection not applying ; Payment under title on claim to be applicable percent specified in subparagraph of
Index of Sec 1151. ...PAYMENT for post acute care services under Medicare program under title XVIII of Social Security Act ; Secretary of Health and Human Services developing detailed plan to reform
Index of Sec 1152. ...DISCHARGE of individual from hospital and other services determined appropriate by Secretary ; Term post acute services meaning services For which payment to be made under Medicare program furnished by skilled nursing facilities, inpatient rehabilitation facilities, long term care hospitals, hospital based outpatient rehabilitation facilities and home health agencies to individual after
Index of Sec 1152. ...PAYMENT established ; Payment to be consolidated with payment under inpatient prospective system under section 1886 of Social Security Act or separate payment to be established for bundle and separate
Index of Sec 1152. ...COMPENSATION arrangements ; Entity providing covered items or services For which payment to be made under title providing Secretary with information concerning entity's ownership, investment and
Index of Sec 1156. ...PAYMENT to be made under title very infrequently ; Secretary determining providing services For which
Index of Sec 1156. ...PAYMENT to be made under title very infrequently ; Secretary determining providing services For which
Index of Sec 1156. ...HOSPITAL ; Making payment toward loan or otherwise subsidizing loan for physician owner or investor or group of physician owners or investors related to acquiring ownership or investment interest in
Index of Sec 1156. ...PAYMENT for items and services under parts A and B of title XVIII of Social Security Act taking into consideations as appropriate ; Secretary submitting to House of Congress final implementation plan describing proposed changes to
Index of Sec 1160. ...PAYMENT based on fee ;
Index of Sec 1161. ...PAYMENT based on fee ;
Index of Sec 1161. ...PAYMENT being made by PDP sponsor under part D or Ma organization under part C for rebate period ; Total number of units of dosage form and strength of drug so provided and dispensed For which
Index of Sec 1181. ...PAYMENT of amounts under part for equipment after end of period of reasonable useful lifetime of equipment ; Previous sentence not affecting
Index of 0MEDICARE Drug Plan Enrollees ; Reporting requirement for determination and payment of Rebates by manufacturing related to Rebate for Rebate eligible
Index of Sec 1181. ...MEDICARE Drug Plan Enrollees ; Reporting requirement for determination and payment of Rebates by Manufacturers related to Rebate for Rebate eligible
Index of Sec 1181. ...PAYMENT for non-therapy ancillary services ; Secretary of Health and Human Services analyzing payments for non-therapy ancillary services under future skilled nursing facility classifiations system to ensure accuracy of
Index of Sec 1111. ...DEBT ; Make additional payment to hospital by amount estimated based on amount of uncompensated care provided by hospital based on criteria for uncompensated care as determined by Secretary excluding bad
Index of Sec 1112. ...FISCAL year in accordance with formula established by Secretary providing ; Secretary computing additional payment to hospital as described in paragraph for
Index of Sec 1112. ...IMAGING procedures ; Additional reduced payment for multiple
Index of Sec 1146. ...PAYMENT otherwise to be made for services under part ; Addition to amount of
Index of Sec 1123. ...ACCOUNT variations in empirical justification for Medicare dss attributable to hospital characteristics ; Amount of Medicare dss payment to be amount based on recommendations of report under subsection and taking into
Index of Sec 1112. ...PAYMENT to be expected to result from adjustment under paragraph ; Secretary estimating aggregate reduction in amount of Medicare dss
Index of Sec 1112. ...PAYMENT under paragraph of section ; Including appropriate addition or deletion of services to specified in paragraphs and sectioning and authorized
Index of Sec 1191. ...PAYMENT ; Extent to which payment rates to be established to achieve offsets for efficiencies to be expected to be achieved with bundle
Index of Sec 1152. ...PAYMENT for post acute services and including other approaches determined appropriate by Secretary ; Plan described in paragraph including detailed specifications for bundled
Index of Sec 1152. ...PAYMENT otherwise to be made under section 1886(d)(5)(f) of Social Security Act ; Lieu of amount of Medicare dss
Index of Sec 1112. ...PAYMENT making by Secretary under paragraph ; Hospital-specific limit under paragraph and form of
Index of Sec 1151. ...PAYMENT established ; Payment to be consolidated with payment under inpatient prospective system under section 1886 of Social Security Act or separate payment to be established for bundle and separate
Index of Sec 1152. ...PAYMENT otherwise to be made under respective payment system under title for post-acute care provider if subsection not applying ; Payment under title on claim to be applicable percent specified in subparagraph of
Index of Sec 1151. ...HOSPITAL services furnished by psychiatric hospitals of subsection and psychiatric units of subsection, see section 124 of Medicare, Medicaid and SCHIP balanced Budget Refinement Act of 1999 ; Provisions related to establishment and implementation of prospective payment system for payments under title for inpatient
Index of Sec 1103. ...CLASSIFIATIONS system to ensure accuracy of payment for non-therapy ancillary services ; Secretary of Health and Human Services analyzing payments for non-therapy ancillary services under future skilled nursing facility
Index of Sec 1111. ...CLASSIFIATIONS system as Secretary determining appropriate based on analysis conducted pursuant to subparagraph ; Secretary implementing changes to payments for non-therapy ancillary services under future skilled nursing facility servicing
Index of Sec 1111. ...FISCAL year by 2 percent ; Secretary reducing estimated payments otherwise to be made under prospective payment system under subsection with respect to
Index of Sec 1111. ...DISPROPORTIONATE share hospitals ; Term Medicare dss meaning adjustments in payments under section 1886(d)(5)(f) of Social Security Act 42 USC 1395ww(d)(5)(f) for inpatient hospital services furnished by
Index of Sec 1112. ...PAYMENTS to be made in accordance with clause ; Maintenance and servicing
Index of 0BIOLOGICAL products and reference biological products beginning with first day of second calendar quarter after date of enactment of Act ; Amendments making by subsection applying to payments for biosimilar biological products, interchangeable
Index of 0DISCHARGE by amount equal to product ; Secretary reducing payments otherwise to be made to hospital under subsection
Index of Sec 1151. ...PAYMENTS under subparagraphs and paragraph ; Reducing by portion of amounting being attributable to
Index of Sec 1151. ...FISCAL year 2012 and subsequent fiscal year of subsection in manner similar to manner in which section applying with respect to fiscal year to applicable hospital as described in section 1886(p)(2) ; Adjustment factor described in section 1886(p)(3) applying to payments with respect to critical access hospital with respect to cost reporting period beginning in
Index of Sec 1151. ...PAYMENTS ; Nature of relationships to be required between hospitals and providers of post acute care services to facilitate bundled
Index of Sec 1152. ...PAYMENTS in manner so as to including collaborative care networks and continuing care hospitals ; Secretary applying bundled
Index of Sec 1152. ...PAYMENTS and spending under title to be affected index ;
Index of Sec 1159. ...PAYMENTS otherwise applying ; Preliations and final implementation plans under subsection including detailed assessment of effects of proposed payment changes by provider or supplier type and State relative to
Index of Sec 1160. ...IMPLEMENTATION plan submitted under subsection and waivers specified in subsection to extent required to carry out plan being effective ; Secretary including appropriate proposals to revise payments under title XVIII of Social Security Act in accordance with final
Index of Sec 1160. ...PAYMENTS to Pace program under section 1894 ; Subsection not applying to
Index of Sec 1161. ...PAYMENTS beginning with year specified by Secretary ;
Index of Sec 1161. ...PAYMENTS ; Sec 1166 improving Risk adjustment for
Index of Sec 1166. ...DRUG plans under part and Ma organizations with respect to Ma-pd plans under part C ; Secretary developing estimate of additional increased costs attributable to application of paragraph for increased drug utilization and financing and administrative costs and using estimate to adjust payments to PDP sponsors with respect to prescription
Index of Sec 1181. ...INCOME and reinsurance subsidies under sections 1860d-14 and 1860d-15(b) ; Including payments passed through low-
Index of Sec 1181. ...INCOME and reinsurance subsidies under sections 1860d-14 and 1860d-15(b) ; Including payments passed through low-
Index of Sec 1181. ...PAYMENTS and care under Medicare program and Medicaid program ; Post-acute transfer policy, three-day hospital stay to qualify for services furnished by skilled nursing facilities and coordination of
Index of Sec 1152. ...FISCAL year not exceeding 2 percent of total payments projected or estimated to be made based on prospective payment system under subsection for fiscal year ; Total amount of additional payments or payment adjustments for outliers making under paragraph with respect to
Index of Sec 1111. ...PAYMENT reductions to appropriate physician or physicians ; Methods for attributing payments or
Index of Sec 1151. ...FISCAL year ; Total amount of additional payments or payment adjustments for outliers making under paragraph with respect to fiscal year not exceeding 2 percent of total payments projected or estimated to be made based on prospective payment system under subsection for
Index of Sec 1111. ...PAYMENTS described in subparagraph to be based on aggregate costs during stay in skilled nursing facility and not on number of days in stay ; Outlier adjustments or additional
Index of Sec 1111. ...PAYMENTS for excess readmissions meaning sum ; Term aggregate
Index of Sec 1151. ...DISCHARGES for conditions from hospital for fiscal year ; Term aggregate payments for discharges meaning sum of base operating DRG payment amounts for
Index of Sec 1151. ...PAYMENTS to ensure that individuals receiving quality care ; Nature of protections needed for individuals under system of bundled
Index of Sec 1152. ...PAYMENTS to promote efficient ; Purpose of promoting use of bundled
Index of Sec 1152. ...PAYMENTS for physicians in connection with episode of care ; Secretary providing for study and development of plan for testing additional ways to increase bundling of
Index of Sec 1152. ...PAYMENTS and spending under title to be affected index ;
Index of Sec 1159. ...FISCAL year ; 2011 Secretary making payment adjustment for hospital described in subparagraph, respect
Index of Sec 1151. ...PAYMENT adjustment ; Quality based
Index of Sec 1161. ...FISCAL year and without application of adjustment factor described in paragraph and applied pursuant to paragraph ; Aggregate amount of payment adjustment under paragraph for fiscal year not exceeding 5 percent of estimated difference in spending occurring for
Index of Sec 1151. ...FISCAL year for hospital and without application of adjustment factor described in paragraph and applied pursuant to paragraph ; Aggregate amount of payment adjustment for hospital under paragraph not exceeding estimated difference in spending occurring for
Index of Sec 1151. ...PAYMENT amount otherwise making under section with respect to non-therapy ancillary services in case of outliers ; Providing for addition or adjustment to
Index of Sec 1111. ...PAYMENT amount otherwise making under section with respect to therapy services in case of outliers ; Providing addition or adjustment to
Index of Sec 1111. ...DISCHARGE if subsection not ; Payment amount otherwise to be made under subsection for
Index of Sec 1151. ...PAYMENT amount under section ; Term base operating DRG payment amount meaning
Index of Sec 1151. ...DISCHARGE ; Base operating DRG payment amount for
Index of Sec 1151. ...PAYMENT amount meaning payment amount under section ; Term base operating DRG
Index of Sec 1151. ...FISCAL year for condition ; Base operating DRG payment amount for hospital for
Index of Sec 1151. ...DISCHARGE from hospital or critical access hospital ; Creating new code and payment amount under fee schedule in section 1848 of Social Security Act for services furnished by appropriate physician seeing individual within first week after
Index of Sec 1151. ...DISCHARGES for conditions from hospital for fiscal year ; Term aggregate payments for discharges meaning sum of base operating DRG payment amounts for
Index of Sec 1151. ...PAYMENT amounts ; Determination of base operating DRG
Index of Sec 1151. ...BENEFICIARY access to bone mass measurement benefits in general and rural and minority communities specifically ; Impact of Medicare payment changes since 2006 on
Index of Sec 1148. ...PAYMENT changes by provider or supplier type and State relative to payments otherwise applying ; Preliations and final implementation plans under subsection including detailed assessment of effects of proposed
Index of Sec 1160. ...PAYMENT code ; Case of one or more interchangeable biological products and reference biological product to be included in same billing and
Index of 0PAYMENT mechanisms in Medicare program ; Assessment of sources of data on costs of home infusion therapy to be used to construct
Index of Sec 1143. ...HEALTH plans for provision of home infusion therapy and applicability to Medicare program ; Recommendations on structure of payment system under Medicare program for home infusion therapy including analysis of payment methodologies used under Medicare Advantage plans and private
Index of Sec 1143. ...PAYMENT for physicians' services to be included in bundle and period covered by bundle ;
Index of Sec 1152. ...CANCER surgical procedure ; Payment for post-mastectomy external breast prosthesis garments to be made regardless whether items supplied to beneficiary prior after mastectomy procedure or other breast
Index of Sec 1149. ...PAYMENT rates ; Counties or equivalent areas in United States in lowest fifth percentile of utilization based on per capita spending under part and parting A for services provided in recent year For which data being available as of date of enactment of subsection as standardized to eliminate effect of geographic adjustments in
Index of Sec 1123. ...PAYMENT rates to be established to achieve offsets for efficiencies to be expected to be achieved with bundle payment ; Extent to which
Index of Sec 1152. ...GEOGRAPHIC basis rather than using county boundaries ; Administrator of Centers for Medicare and Medicaid Services conducting study to determine potential effects of calculating Medicare Advantage payment rates on more aggregated
Index of Sec 1168. ...PAYMENT reduction for physicians treating patient during initial admission resulting in readmission ; Applying
Index of Sec 1151. ...PAYMENT reduction applicable to technical component for imaging under final rule published by Secretary in Federal Register on November 21 ; 2011 Secretary increasing reduction in expenditures attributable to multiple procedure
Index of Sec 1146. ...PAYMENT reduction from 25 percent to 50 percent as described in subsection ; Effective for fee schedules established beginning with 2011 reduced expenditures attributable to increase in multiple procedure
Index of Sec 1146. ...PAYMENT Reform Plan and bundling Pilot Program ; Sec 1152, Post acute Care servicing
Index of Sec 1152. ...PAYMENT system in payment year before changes ; Secretary not reducing geographic adjustment below factor applied for
Index of Sec 1158. ...PAYMENT system ; Implementation plan requiring substantial change to
Index of Sec 1160. ...HOSPITAL services furnished by psychiatric hospitals of subsection and psychiatric units of subsection, see section 124 of Medicare, Medicaid and SCHIP balanced Budget Refinement Act of 1999 ; Provisions related to establishment and implementation of prospective payment system for payments under title for inpatient
Index of Sec 1103. ...FISCAL year ; Total amount of additional payments or payment adjustments for outliers making under paragraph with respect to fiscal year not exceeding 2 percent of total payments projected or estimated to be made based on prospective payment system under subsection for
Index of Sec 1111. ...PAYMENT system under title for post-acute care provider if subsection not applying ; Payment under title on claim to be applicable percent specified in subparagraph of payment otherwise to be made under respective
Index of Sec 1151. ...HEALTH plans for provision of home infusion therapy and applicability to Medicare program ; Recommendations on structure of payment system under Medicare program for home infusion therapy including analysis of payment methodologies used under Medicare Advantage plans and private
Index of Sec 1143. ...PAYMENT systems under title XVIII of Social Security Act for physicians and hospitals to be further modified to incentivize high-value care ; Institute specifically addressing whether
Index of Sec 1159. ...PAYMENT systems making by Act to extent ; Recommendations of report submitted under section 1159(e)(1) and changes to
Index of Sec 1160. ...PAYMENT units occurring before January 1 ; Amendment making by subsection not applying to
Index of Sec 1102. ...PAYMENT year ; Secretary ensuring that additional expenditures resulting from implementation of provisions of section not exceeding $8,000,000,000 and not exceeding half of amount in
Index of Sec 1158. ...PAYMENT year before changes ; Secretary not reducing geographic adjustment below factor applied for payment system in
Index of Sec 1158. ...PAYMENT year ; No more than one-half of amounts to be available with respect to services furnished in one
Index of Sec 1158. ...HOSPITAL ; Submitting to Secretary initial report and periodic updating at frequency determined by Secretary containing detailed description of identity of physician owner and physician investor and other owners or investors of
Index of Sec 1156. ...PERIODIC basis on plan described in subsection ; Secretary issuing interim public reports on
Index of Sec 1152. ...PERIODIC review described in subparagraph ; Secretary coordinating review and appropriate adjustment described in clause with
Index of Sec 1122. ...PERIODIC review of adjustment factoring required under paragraph for California ; Secretary reviewing and making changes pursuant to reviews concurrent with application of
Index of Sec 1125. ...DRUG plan or Ma-pd plan ; Secretary negotiating with pharmaceutical manufacturers prices to be charged to PDP sponsors and Ma organizations for covered part D drugs for part D eligible individuals enrolled under prescription
Index of Sec 1186. ...BOND described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment, prosthetics, orthotics and supplies and issued supplier number for 5 years and final adverse action of title 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety
Index of Sec 1147. ...DRUG plans to reduce waste associated with unused prescription drugs ; Secretary consulting with Administrator of Environmental Protection Agency, Administrator of Food and drugging Administration, Administrator of Drug Enforcement Administration, State Boards of Pharmacy, pharmacy and physician organizations and other appropriate stakeholders to study and determine additional methods for prescription
Index of Sec 1187. ...PROSTHETICS, orthotics and supplies and issued supplier number for 5 years and final adverse action of title 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety bond described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...PROSTHETICS, orthotics and supplies and issued supplier number for 5 years and final adverse action of title 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety bond described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...PROSTHETICS, orthotics and supplies ; Requirement for accreditation described in clause not applying for purposes of supplying diabetic testing supplies, canes and crutches in case of pharmacy enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...HOSPITAL located during that period as estimated by Bureau of Census and available to Secretary ; Locating in county in which percentage increase in population during recent 5-year period For which data being available estimated to be 150 percent of percentage increase in population growth of State in which
Index of Sec 1156. ...HOSPITAL located during that period as estimated by Bureau of Census and available to Secretary ; Locating in county in which percentage increase in population during recent 5-year period For which data being available estimated to be 150 percent of percentage increase in population growth of State in which
Index of Sec 1156. ...POWER-driven wheelchair and inserting complex rehabilitative power-driven wheelchair recognized by Secretary as classified within group 3 or higher ; Striking
Index of Sec 1141. ...POWER-driven wheelchair recognized by Secretary as classified within group 3 or higher ; Striking power-driven wheelchair and inserting complex rehabilitative
Index of Sec 1141. ...PREVENTIVE services and promoting adherence to post-acute and following up care plans ; Improving quality and efficiency of care, increase
Index of Sec 1152. ...PRIMARY caregiver needs and resources ; Assessment including assessment of individual's physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and environmental needs and
Index of Sec 1151. ...HEALTH team members as appropriate ; Development of evidence-based plan of transitional care for individual developed after consulations with individual and individual's primary caregiver and other
Index of Sec 1151. ...PRIMARY care servicing onsite and ratio of accessible providers to beneficiaries ; Providing
Index of Sec 1178. ...PRIVACY safeguards ; Exchange of data under paragraph to be protected by appropriate
Index of Sec 1121. ...ECONOMY-wide private nonfarm business multi-factor productivity ; Productivity offset in form of reduction in increase or changing equal to percentage change in 10-year moving average of annual
Index of Sec 1103. ...PRODUCTIVITY ; Productivity offset in form of reduction in increase or changing equal to percentage change in 10-year moving average of annual economy-wide private nonfarm business multi-factor
Index of Sec 1103. ...PRODUCTIVITY adjustment described in subclause ; Subject to
Index of Sec 1103. ...PRODUCTIVITY adjustment described in subclause or other annual period ;
Index of Sec 1103. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii as calculated by Secretary ; Section 1888(e)(5)(b) of Act 42 USC 1395yy(e)(5)(b) amended by inserting subject to
Index of Sec 1103. ...PRODUCTIVITY adjustment described in subsection ; Factor to be subject to
Index of Sec 1103. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Subject to
Index of Sec 1103. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ;
Index of Sec 1131. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Subject to
Index of Sec 1131. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Factor to be subject to
Index of Sec 1131. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Annual adjustment in fee scheduling determined under clause for years beginning with 2010 to be subject to
Index of Sec 1131. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Subject to
Index of Sec 1131. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Subject to
Index of Sec 1131. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Subject to
Index of Sec 1131. ...PRODUCTIVITY adjustment described in section 1886(b)(3)(b)( iii ; Subject to
Index of Sec 1131. ...PRODUCTIVITY improvements into Market basket updating not already incorporating improvements ; Incorporating
Index of Sec 1103. ...PRODUCTIVITY improvements into Market basket updating not already incorporating improvements ; Incorporating
Index of Sec 1131. ...HEALTH Services ; Incorporating productivity improvements into Market basket updating for Home
Index of Sec 1155. ...HOSPITAL on more favorable terms than terms offered to person being not physician owner or investor ; Hospital not offering physician owner or investor opportunity to purchase or lease property under control of hospital or other owner or investor in
Index of Sec 1156. ...HOSPITAL or located nearing premises of hospital ; Including purchase or lease of property under control of other owners or investors in
Index of Sec 1156. ...HOSPITAL ; Ownership or investment returns distributed to owner or investor in hospital in amount being directly proportional to ownership or investment interest of owner or investor in
Index of Sec 1156. ...CAPITAL contributions making at time ownership or investment interest obtained ; Investment interest of owner or investor being directly proportional to owner or investor's
Index of Sec 1156. ...PROPORTIONAL amount so sum not exceeding 100 percent ; Percentage to be reduced in
Index of Sec 1181. ...CANCER surgical procedure ; Payment for post-mastectomy external breast prosthesis garments to be made regardless whether items supplied to beneficiary prior after mastectomy procedure or other breast
Index of Sec 1149. ...PROSTHETICS, orthotics and supplies and issued supplier number for 5 years and final adverse action of title 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety bond described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...PROSTHETICS, orthotics and supplies ; Requirement for accreditation described in clause not applying for purposes of supplying diabetic testing supplies, canes and crutches in case of pharmacy enrolled under section 1866(j) as supplier of durable medical equipment,
Index of Sec 1147. ...PROTECTION for dual eligibles as appropriate ; Improving coordination of benefits and servicing and ensuring
Index of Sec 1177. ...HOSPITAL or unit described in paragraph ; Implementing system described in paragraph for days occurring during rate year ending in 2011 or subsequent rate year for psychiatric
Index of Sec 1103. ...PSYCHIATRIC hospitals of subsection and psychiatric units of subsection, see section 124 of Medicare, Medicaid and SCHIP balanced Budget Refinement Act of 1999 ; Provisions related to establishment and implementation of prospective payment system for payments under title for inpatient hospital services furnished by
Index of Sec 1103. ...PSYCHIATRIC units of subsection, see section 124 of Medicare, Medicaid and SCHIP balanced Budget Refinement Act of 1999 ; Provisions related to establishment and implementation of prospective payment system for payments under title for inpatient hospital services furnished by psychiatric hospitals of subsection and
Index of Sec 1103. ...PUBLIC comment on measure ; Secretary publishing in Federal registering measure and providing for period of
Index of Sec 1161. ...PUBLIC hearings and providing opportunity for comments prior to completion of reports under subsection ; Institute conducting
Index of Sec 1159. ...PUBLIC Internet website of Centers for Medicare and Medicaid Services ; Information submitted by hospitals under paragraph on
Index of Sec 1156. ...PUBLIC Internet website of Centers for Medicare and Medicaid servicing final decision with respect to application ; Secretary publishing on
Index of Sec 1156. ...PERIODIC basis on plan described in subsection ; Secretary issuing interim public reports on
Index of Sec 1152. ...CLASSIFIATIONS system as Secretary determining appropriate based on analysis conducted pursuant to subparagraph ; Secretary implementing changes to payments for non-therapy ancillary services under future skilled nursing facility servicing
Index of Sec 1111. ...IDENTIFYING potentially misvalued services pursuant to clause ; Purposes of
Index of Sec 1122. ...RELATIVE value units making pursuant to subparagraph in same manner as provisions applying to adjustments under subparagraph ; Provisions of subparagraph applying to adjustments to
Index of Sec 1122. ...RELATIVE value units making pursuant to subparagraph in same manner as provisions applying to adjustments under subparagraph ; Provisions of subparagraph applying to adjustments to
Index of Sec 1122. ...PERIODIC review of adjustment factoring required under paragraph for California ; Secretary reviewing and making changes pursuant to reviews concurrent with application of
Index of Sec 1125. ...CONTRACTS entered under section 1847 of Social Security Act 42 USC 1395w-3 pursuant to bid submitted under section before October 1, 2010 ; Amendments not applying to
Index of Sec 1141. ...FISCAL year and without application of adjustment factor described in paragraph and applied pursuant to paragraph ; Aggregate amount of payment adjustment under paragraph for fiscal year not exceeding 5 percent of estimated difference in spending occurring for
Index of Sec 1151. ...FISCAL year for hospital and without application of adjustment factor described in paragraph and applied pursuant to paragraph ; Aggregate amount of payment adjustment for hospital under paragraph not exceeding estimated difference in spending occurring for
Index of Sec 1151. ...HOSPITAL ; Procedure rooms or beds of hospital pursuant to paragraph only occurring in facilities on main campus of
Index of Sec 1156. ...COMPLIANCE with regulations pursuant to section 1866 ; Nothing in subsection to be construed as preventing Secretary from terminating hospital's provider agreement if hospital being not in
Index of Sec 1156. ...HOSPITAL site of care ; Secretary providing priority to hospitals serving Medicare beneficiaries at highest risk for readmission or poor transition hospital to post-
Index of Sec 1151. ...HOSPITAL from post acute care provider and readmission not governed by section 412.531 of title 42 ; Respect to readmission to applicable hospital or critical access
Index of Sec 1151. ...READMISSION ; Applying payment reduction for physicians treating patient during initial admission resulting in
Index of Sec 1151. ...READMISSION not governed by section 412.531 of title 42 ; Respect to readmission to applicable hospital or critical access hospital from post acute care provider and
Index of Sec 1151. ...READMISSIONS based on actual readmissions ; Risk adjusted
Index of Sec 1151. ...HOSPITAL for condition with respect to applicable period ; Risk adjusted expected readmissions for
Index of Sec 1151. ...DISCHARGES for applicable condition for applicable period and hospital ; Excess readmissions not including readmissions for applicable condition For which fewer than minimum number of
Index of Sec 1151. ...EXPENDITURES under title ; Readmissions representing conditions or procedures being high volume or high
Index of Sec 1151. ...INAPPROATIONS steps involving readmissions or transfers ; Secretary monitoring activities of applicable hospitals to determine if hospitals taking steps to avoid patients at risk in order to reduce likelihood of increasing readmissions for applicable conditions or taking other
Index of Sec 1151. ...FISCAL years beginning after October 1 ; Purposes of providing funds to applicable hospitals to take steps described in subparagraph to address factors impacting readmissions of individuals discharged hospital,
Index of Sec 1151. ...READMISSIONS or transfers ; Secretary monitoring activities of applicable hospitals to determine if hospitals taking steps to avoid patients at risk in order to reduce likelihood of increasing readmissions for applicable conditions or taking other inapproations steps involving
Index of Sec 1151. ...READMISSIONS ; Risk adjusted readmissions based on actual
Index of Sec 1151. ...READMISSIONS meaning sum ; Term aggregate payments for excess
Index of Sec 1151. ...DISCHARGES for applicable condition for applicable period and hospital ; Excess readmissions not including readmissions for applicable condition For which fewer than minimum number of
Index of Sec 1151. ...READMISSIONS ; Period as Secretary specifying for purposes of determining excess
Index of Sec 1151. ...READMISSIONS as described in paragraph ; Measures of
Index of Sec 1151. ...READMISSIONS for applicable conditions ; Order to promote reduction over time in overall rate of
Index of Sec 1151. ...READMISSION measure methodolology endorsed under paragraph ; Determining consistent with
Index of Sec 1151. ...READMISSION rates ; Funding under paragraph to be used by targeted hospitals for activities designed to address patient noncompliance issues resulting in higher than normal
Index of Sec 1151. ...READMISSION rates ; Developing quality improvement plan to assess and remedy preventable
Index of Sec 1151. ...READMISSION ratios normalized to benchmark being lower than 50th percentile ; Determination of excess readmissions ratio under subparagraph to be based on ranking of hospitals by
Index of Sec 1151. ...READMISSIONS policy described in previous subsections to be applied to physicians ; Secretary of Health and Human Services conducting study to determine
Index of Sec 1151. ...READMISSION ratios normalized to benchmark being lower than 50th percentile ; Determination of excess readmissions ratio under subparagraph to be based on ranking of hospitals by
Index of Sec 1151. ...INFORMATION described in section 1860d-12(b)(7) ; Rebate to be paid by manufacturer to Secretary not later than 30 days after date of receipt of
Index of Sec 1181. ...REBATE eligible individuals ; Rebateing, discounting or other price concession applying equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and Ma-pd enrollees being not
Index of Sec 1181. ...DRUG plan enrollees ; Information on extent to which price discounts, price concessions and rebates applying equally to rebate eligible Medicare drug plan enrollees and PDP enrollees being not rebate eligible Medicare
Index of Sec 1181. ...REBATE of premiums under part by amounting ; Secretary requiring Medicare Advantage organization offering plan to give enrollees
Index of Sec 1173. ...REBATE period to be equal to product ; Amount of rebate specified under paragraph for manufacturer for
Index of Sec 1181. ...REBATE required under section and period ; Secretary determining being necessary to enable Secretary to calculate average Medicare drug program rebate eligible rebate amount of section and determining amount of
Index of Sec 1181. ...REBATES under section ; Secretary establishing methodolology for estimating average Medicare drug program rebate eligible rebate amounts for rebate period based on bid and utilization information under part and using estimates as basis for determining
Index of Sec 1181. ...DRUG plan enrollees and PDP enrollees being not rebate eligible Medicare drug plan enrollees ; Information on extent to which price discounts, price concessions and rebates applying equally to rebate eligible Medicare
Index of Sec 1181. ...REBATE agreement described in paragraph ; Term covered part D drug not including drug or biological product manufactured by manufacturer not entering and effect
Index of Sec 1181. ...REBATE agreement described in paragraph for period beginning on January 1, 2010 and ending on December 31, 2010 ; Drug or biological product manufactured by manufacturer declining to enter into
Index of Sec 1181. ...REBATE agreement under subsection requiring manufacturer to provide to Secretary rebate for rebate period ending after December 31, 2009 ;
Index of Sec 1181. ...REBATE agreement under section ; Provisions of paragraph of section 1927(b) of subparagraph applying to rebate agreements under subsection in same manner as paragraph applying to
Index of Sec 1181. ...REBATE agreement under section 1860d-2(f) to be deposited into Account and used to pay or part of gradual elimination of coverage gap under section 1860d-2(b)(7) ; Amounts paid under
Index of Sec 1181. ...REBATE agreements under paragraphs and section 1927(b) ; Secretary establishing terming and conditioning of agreement relating to compliance, penalties and program evaluations, investigations and audits being similar to terms and conditions for
Index of Sec 1181. ...REBATE amount of section and determining amount of rebate required under section and period ; Secretary determining being necessary to enable Secretary to calculate average Medicare drug program rebate eligible
Index of Sec 1181. ...REBATE amounts ; Secretary elects to estimate average Medicare drug program rebate eligible
Index of Sec 1181. ...DRUG provided by manufacturer for rebate period ; Term average Medicare drug program rebate eligible rebate amount means with respect to dosage form and strength of covered part D
Index of Sec 1181. ...PAYMENTS not later than 3 months after date ; Secretary establishing reconciliation process for adjusting manufacturer rebate
Index of Sec 1181. ...REBATE period ending after December 31, 2009 ; Rebate agreement under subsection requiring manufacturer to provide to Secretary rebate for
Index of Sec 1181. ...REBATE period to be equal to product ; Amount of rebate specified under paragraph for manufacturer for
Index of Sec 1181. ...REBATE period ; Total number of units of dosage form and strength of drug so provided and dispensed For which payment being made by PDP sponsor under part D or Ma organization under part C for
Index of Sec 1181. ...REBATE period ; Respect to dosage form and strength of covered part D drug provided by manufacturer for
Index of Sec 1181. ...REBATE period ; Term average Medicare drug program rebate eligible rebate amount means with respect to dosage form and strength of covered part D drug provided by manufacturer for
Index of Sec 1181. ...DRUG plans administered by PDP sponsor or Ma-pd plans administered by Ma organization ; Number of units of dosage and strength of drug dispensed during rebate period to rebate eligible individuals enrolled in prescription
Index of Sec 1181. ...DRUG plans administered by PDP sponsors and Ma-pd plans administered by Ma organizations ; Total number of units of dosage and strength of drug dispensed during rebate period to rebate eligible individuals enrolled in prescription
Index of Sec 1181. ...INFORMATION under part and using estimates as basis for determining rebates under section ; Secretary establishing methodolology for estimating average Medicare drug program rebate eligible rebate amounts for rebate period based on bid and utilization
Index of Sec 1181. ...REBATE period ; Information on total number of units of dosageing, forming and strength of drug of manufacturer dispensed to rebate eligible Medicare drug plan enrollees under prescription drug plan operated by PDP sponsor during
Index of Sec 1181. ...REBATE period having meaning given term in section 1927(k)(8) ; Term
Index of Sec 1181. ...RECALIBRATION factor as proposed in proposed rule for Medicare skilled nursing facilities issued by Secretary ; Secretary adjusting case mix indexes under section 1888(e)(4)(g)(i) of Social Security Act 42 USC 1395yy(e)(4)(g)(i) for fiscal year 2010 by appropriate
Index of Sec 1111. ...RECOGNITION of attending Physician Assistants as attending Physicians to serve hospice Patients ; Sec 1114 permitting Physician Assistants to Order Post-hospital extended Care Services and providing for
Index of Sec 1114. ...CONSTITUTIONAL right of House to change rules at time ; Full recognition of
Index of Sec 1160. ...DISCHARGE of individual from hospital and other services determined appropriate by Secretary ; Term post acute services meaning services For which payment to be made under Medicare program furnished by skilled nursing facilities, inpatient rehabilitation facilities, long term care hospitals, hospital based outpatient rehabilitation facilities and home health agencies to individual after
Index of Sec 1152. ...DISCHARGE of individual from hospital and other services determined appropriate by Secretary ; Term post acute services meaning services For which payment to be made under Medicare program furnished by skilled nursing facilities, inpatient rehabilitation facilities, long term care hospitals, hospital based outpatient rehabilitation facilities and home health agencies to individual after
Index of Sec 1152. ...REHABILITATION hospitals and units ; Term continuing care hospital meaning entity demonstrating ability to meet patient care and patient safety standards and providing under common management medical and rehabilitation services provided in inpatient
Index of Sec 1152. ...REHABILITATION hospitals and units ; Term continuing care hospital meaning entity demonstrating ability to meet patient care and patient safety standards and providing under common management medical and rehabilitation services provided in inpatient
Index of Sec 1152. ...IMPLEMENTATION occurred as of January 1 ; Secretary establishing procedures for retroactive reimbursement of part D eligible individuals covered plan for costs incurred before date of initial implementation of subparagraph and reimbursed plan if
Index of Sec 1181. ...INCOME and reinsurance subsidies under sections 1860d-14 and 1860d-15(b) ; Including payments passed through low-
Index of Sec 1181. ...INCOME and reinsurance subsidies under sections 1860d-14 and 1860d-15(b) ; Including payments passed through low-
Index of Sec 1181. ...HEALTH, skilled nursing facility and other services ; Cost-sharing for post acute care bundle to be treated relative to current rules for cost-sharing for inpatient hospital, home
Index of Sec 1152. ...PAYMENTS otherwise applying ; Preliations and final implementation plans under subsection including detailed assessment of effects of proposed payment changes by provider or supplier type and State relative to
Index of Sec 1160. ...RELATIVE value units making pursuant to subparagraph in same manner as provisions applying to adjustments under subparagraph ; Provisions of subparagraph applying to adjustments to
Index of Sec 1122. ...RELATIVE value units under fee schedule under subsection ; Secretary establishing process to validate
Index of Sec 1122. ...RELATIVE value units including sampling of codes for services being same as codes listed under subparagraph ; Validation of work
Index of Sec 1122. ...RELATIVE value units making pursuant to subparagraph in same manner as provisions applying to adjustments under subparagraph ; Provisions of subparagraph applying to adjustments to
Index of Sec 1122. ...RELATIVE value units under subsection with respect to advanced diagnostic imaging services ; Consistent with methodolology for computing number of practice expense
Index of Sec 1146. ...RELATIVE values established under paragraph for services identified as potentially misvalued under subclause ; Review and making appropriate adjustments to
Index of Sec 1122. ...RELATIVE values initially established for codes ; Codes for new technologies or services within appropriate period after
Index of Sec 1122. ...RELATIVE values described in clause ; Including with respect to codes with low
Index of Sec 1122. ...PAYMENT being made for rental under clause not reached ; First day begining after 13th continuous month during that
Index of 0MAINTENANCE and servicing during period otherwise to be paid if individual accepted title to equipment ; Other than payment for
Index of 0PAYMENT being made for rental of Group 3 Support Surface under clause ; Supplier of item offering individual option to accept or reject transfer of title to Group 3 Support Surface after 13th continuous month during that
Index of 0PAYMENT being made for rental of Group 3 Support Surface under clause unless day passing ; Supplier transferring title to individual on first day begining after 13th continuous month during that
Index of 0PAYMENTS made ; Supplier furnishing oxygen and oxygen equipment to individual declared bankrupt and asseal liquidated and time of declaration and liquidation more than 24 months of rental
Index of Sec 1147. ...RENTAL period for Group 3 Support Surface exceeded 10 continuous months ; Individual's
Index of 0RENTAL period Ends ; Sec 1141a, election to Take ownership or Decline ownership of certain item of complex durable medical equipment after 13-month capped
Index of 0RESPONSIBILITY for continuing to furnish equipment during remainder of period ; Another supplier accepted
Index of Sec 1147. ...RETIREMENT community ; Restricting enrollment of individuals under part to individuals residing in continuing care
Index of Sec 1178. ...FRAUD and Abuse ; Revocation of waiver upon finding of
Index of Sec 1189. ...READMISSIONS based on actual readmissions ; Risk adjusted
Index of Sec 1151. ...HOSPITAL for condition with respect to applicable period ; Risk adjusted expected readmissions for
Index of Sec 1151. ...INAPPROATIONS steps involving readmissions or transfers ; Secretary monitoring activities of applicable hospitals to determine if hospitals taking steps to avoid patients at risk in order to reduce likelihood of increasing readmissions for applicable conditions or taking other
Index of Sec 1151. ...HOSPITAL site of care ; Secretary providing priority to hospitals serving Medicare beneficiaries at highest risk for readmission or poor transition hospital to post-
Index of Sec 1151. ...ACCOUNT evaluation under subsection ; 2012 Secretary implementing necessary improvements to risk adjustment system under section 1853(a)(1)(c) of Social Security Act 42 USC 1395-23(a)(1)(c), taking into
Index of Sec 1166. ...INCOME beneficiaries ; Secretary of Health and Human Services submitting to Congress report evaluating adequacy of risk adjustment system under section 1853(a)(1)(c) of Social Security Act 42 USC 1395-23(a)(1)(c) in predicting costs for beneficiaries with chronic or co-morbid conditions, beneficiaries dually-eligible for Medicare and Medicaid and non-Medicaid eligible low-
Index of Sec 1166. ...BENEFICIARY access to bone mass measurement benefits in general and rural and minority communities specifically ; Impact of Medicare payment changes since 2006 on
Index of Sec 1148. ...HOSPITAL ownership exceptions to self-referral prohibition ; Requirements to qualify for rural Provider and
Index of Sec 1156. ...RURAL areas ; Recruitment and retention taking into account workforce mobility between urban and
Index of Sec 1157. ...SAFETY net providers to reduce unnecessary use of items and services furnished in emergency departments ; Term collaborative care network meaning consortium of health care providers providing comprehensive range of coordinated and integrated health care services to low-income patient populations including coordinated and comprehensive care by
Index of Sec 1152. ...REHABILITATION hospitals and units ; Term continuing care hospital meaning entity demonstrating ability to meet patient care and patient safety standards and providing under common management medical and rehabilitation services provided in inpatient
Index of Sec 1152. ...HOME infusion therapy ; Benefits and costs of providing coverage under Medicare program including calculation of potential savings achieved through avoided or shortened hospital and nursing home stays as result of Medicare coverage of
Index of Sec 1143. ...CODING intensity adjustment authority ; Authority for secretarial
Index of Sec 1162. ...HOSPITAL-specific limit under paragraph and form of payment making by Secretary under paragraph ;
Index of Sec 1151. ...SPECIFIC measures of quality and costing appropriate for use index and including thorough analysis ; Identify
Index of Sec 1159. ...SPECIFIC waivers required under title to implement changes ; Secretary specifying in plan
Index of Sec 1160. ...STATUTORY changes needed to simplify access to needed services ; Identify
Index of Sec 1177. ...SUBJECT authority to focus under paragraph ;
Index of Sec 1121. ...SUBJECT ; Second sentence, inserting and
Index of Sec 1131. ...SUBSIDY-eligible individual ; Term qualifying enrollee meaning individual enrolled in prescription drug plan or Ma-pd plan other than individual being
Index of Sec 1182. ...BOND described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment, prosthetics, orthotics and supplies and issued supplier number for 5 years and final adverse action of title 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety
Index of Sec 1147. ...BENEFICIARY access and utilization safeguards for items supplied to beneficiary prior to mastectomy or other breast cancer surgical procedure ; Secretary developing policies to ensure appropriate
Index of Sec 1149. ...TELECOMMUNICATIONS system ; Secretary of Health and Human Services issuing guidance for hospitals to simplify requirements regarding compiling practitioner credentials for purpose of rendering medical staff privileging decision for physicians and practitioners delivering telehealth services furnished via
Index of Sec 1191. ...HOSPITAL where patient located ; Guidance permitting hospital to accept credentialing packages compiled by another hospital participating under Medicare with regard to physicians and practitioners seeking medical staff privileges in hospital to provide telehealth servicing via telecommunications system from site other than
Index of Sec 1191. ...HOSPITAL where patient located ; Guidance permitting hospital to accept credentialing packages compiled by another hospital participating under Medicare with regard to physicians and practitioners seeking medical staff privileges in hospital to provide telehealth servicing via telecommunications system from site other than
Index of Sec 1191. ...TELEHEALTH services as established under section 1834(m) ; Secretary appointing Telehealth Advisory Committee to make recommendations to Secretary on policies of Centers for Medicare and Medicaid Services regarding
Index of Sec 1191. ...TELECOMMUNICATIONS system ; Secretary of Health and Human Services issuing guidance for hospitals to simplify requirements regarding compiling practitioner credentials for purpose of rendering medical staff privileging decision for physicians and practitioners delivering telehealth services furnished via
Index of Sec 1191. ...TELEHEALTH services ; Secretary taking into account recommendations of Telehealth Advisory Committee when adding or deleting services and establishing policies of Centers for Medicare and Medicaid Services regarding delivery of
Index of Sec 1191. ...TELEHEALTH programs ; Giving preference to individuals providing telemedicine or telehealth services or involved in telemedicine or
Index of Sec 1191. ...TELEHEALTH programs ; Giving preference to individuals providing telemedicine or telehealth services or involved in telemedicine or
Index of Sec 1191. ...HOSPITAL services furnished by psychiatric hospitals of subsection and psychiatric units of subsection, see section 124 of Medicare, Medicaid and SCHIP balanced Budget Refinement Act of 1999 ; Provisions related to establishment and implementation of prospective payment system for payments under title for inpatient
Index of Sec 1103. ...TITLE ; Secretary developing plan to disseminate reports under subsection in significant manner in regions and cities of country with highest utilization of services under
Index of Sec 1121. ...PAYMENT being made for rental of Group 3 Support Surface under clause ; Supplier transferring title to individual on first day begining after 13th continuous month during that
Index of 0PAYMENT being made for rental of Group 3 Support Surface under clause unless day passing ; Supplier transferring title to individual on first day begining after 13th continuous month during that
Index of 0TITLE to equipment ; Other than payment for maintenance and servicing during period otherwise to be paid if individual accepted
Index of 0TITLE to Group 3 Support Surface under clause ; Rejects transferring of
Index of 0TITLE ; Readmissions representing conditions or procedures being high volume or high expenditures under
Index of Sec 1151. ...PAYMENT otherwise to be made under respective payment system under title for post-acute care provider if subsection not applying ; Payment under title on claim to be applicable percent specified in subparagraph of
Index of Sec 1151. ...TITLE ; Demonstration program under section 1866c and pilot program under section maintaining or increasing quality of care received by individuals enrolled under
Index of Sec 1152. ...COMPENSATION arrangements ; Entity providing covered items or services For which payment to be made under title providing Secretary with information concerning entity's ownership, investment and
Index of Sec 1156. ...TITLE very infrequently ; Secretary determining providing services For which payment to be made under
Index of Sec 1156. ...TITLE very infrequently ; Secretary determining providing services For which payment to be made under
Index of Sec 1156. ...TITLE to be affected index ; Payments and spending under
Index of Sec 1159. ...TITLE to implement changes ; Secretary specifying in plan specific waivers required under
Index of Sec 1160. ...CIVIL monetary penalties in accordance with laws and procedures of State ; Nothing in title to be construed to prohibit State from conducting market conduct examination or imposing
Index of 0HOME infusion therapy providers to patients in programs ; Scope of coverage for home infusion therapy in fee-for-service Medicare program under title XVIII of Social Security Act, Medicare Advantage under part C of title united States Code and private payers including analysis of scope of services provided by
Index of Sec 1143. ...PAYMENT being made for rental of Group 3 Support Surface under clause ; Supplier of item offering individual option to accept or reject transfer of title to Group 3 Support Surface after 13th continuous month during that
Index of 0TITLE to Group 3 Support Surface ; Supplier offering individual option to accept or reject transfer of
Index of 0TITLE 21, Code of Federal Regulations ; Drug whose labeling including boxed warning required by Food and drugging Administration under section 201.57 of
Index of Sec 1185. ...TITLE 42 ; Respect to readmission to applicable hospital or critical access hospital from post acute care provider and readmission not governed by section 412.531 of
Index of Sec 1151. ...TITLE 42 ; Respect to case mix adjustments established in section 484.220 of
Index of Sec 1154. ...TITLE 42 Code of Federal Regulations never imposed for pharmacy or supplier ; Requirement for surety bond described in subparagraph not applying in case of pharmacy or supplier exclusively furnishing eyeglasses or contact lenses described in section 1861(s)(8) if pharmacy or supply enrolled under section 1866(j) as supplier of durable medical equipment, prosthetics, orthotics and supplies and issued supplier number for 5 years and final adverse action of
Index of Sec 1147. ...TITLE 44, United States Code not applying to paragraph ; Chapter 35 of
Index of Sec 1121. ...TITLE 44, United States Code and provisions of Federal Advisory Committee Act not applying to section or amendment making by section ; Chapter 35 of
Index of Sec 1122. ...TITLE 44, United States Code not applying to section ; Chapter 35 of
Index of Sec 1152. ...TITLE for post-acute care provider if subsection not applying ; Payment under title on claim to be applicable percent specified in subparagraph of payment otherwise to be made under respective payment system under
Index of Sec 1151. ...HOSPITAL located ; Whose annual percent of total inpatient admissions representing inpatient admissions under program under title XIX estimated to be equal or greater than average percent with respect to admissions for hospitals located in county in which
Index of Sec 1156. ...TITLE XIX ; Discounts to be applied under subsection to prescription drug plans and Ma-pd planing instead of State plans under
Index of Sec 1182. ...CLASSIFIATIONS system for yearing without changes ; Estimated expenditures under future skilled nursing facility servicing classifiations system for fiscal year beginning with fiscal year 2011 with changes to be equal to estimated expenditures otherwise occurring under title XVIII of Social Security Act under future skilled nursing facility servicing
Index of Sec 1111. ...HOME infusion therapy providers to patients in programs ; Scope of coverage for home infusion therapy in fee-for-service Medicare program under title XVIII of Social Security Act, Medicare Advantage under part C of title united States Code and private payers including analysis of scope of services provided by
Index of Sec 1143. ...BIDDING process among manufacturers of equipment and supplies ; Comptroller General of United States conducting study to evaluate potential establishment of program under Medicare under title XVIII of Social Security Act to acquire durable medical equipment and supplies through competitive
Index of 0DISCHARGE from applicable hospital or critical access hospital ; Claim submitted post-acute care provider under title XVIII of Social Security Act indicating that individual readmitted to hospital post-acute care provider or admitted from home and care of home health agency within 30 days of initial
Index of Sec 1151. ...TITLE XVIII of Social Security Act ; Secretary of Health and Human Services developing detailed plan to reform payment for post acute care services under Medicare program under
Index of Sec 1152. ...TITLE XVIII of Social Security Act ; Home health agency determining appropriate skilled therapist to make initial assessment visit for individual referred for home health services under
Index of 0OCCUPATIONAL therapy ; Nothing in subsection to be construed to provide for initial eligibility for coverage of home health services under title XVIII of Social Security Act on basis of need for
Index of 0EXPENDITURES ; Secretary implementing geographic adjustment in manner not resulting in net change in aggregate expenditures under title XVIII of Social Security Act from amount of
Index of Sec 1158. ...TITLE XVIII of Social Security Act and institutionalization status ; Evaluation of extent to which variations in spending correlated with insurance status prior to enrollment in Medicare program under
Index of Sec 1159. ...TITLE XVIII of Social Security Act for physicians and hospitals to be further modified to incentivize high-value care ; Institute specifically addressing whether payment systems under
Index of Sec 1159. ...TITLE XVIII of Social Security Act ; Extent final implementation plan under paragraph proposing changes being not otherwise permitted under
Index of Sec 1160. ...IMPLEMENTATION plan submitted under subsection and waivers specified in subsection to extent required to carry out plan being effective ; Secretary including appropriate proposals to revise payments under title XVIII of Social Security Act in accordance with final
Index of Sec 1160. ...TITLE XVIII of Act ; Nothing in amendments making by subsection to be construed as changing requirements of section 1842(b)(6)(c) of Social Security Act 42 USC 1395u(b)(6)(c) with respect to payment for services of physician assistants under part B of
Index of Sec 1114. ...TITLE XVIII of Social Security Act amended by inserting after section 1866c following new section ; Part E of
Index of Sec 1152. ...TITLE XVIII of Social Security Act taking into consideations as appropriate ; Secretary submitting to House of Congress final implementation plan describing proposed changes to payment for items and services under parts A and B of
Index of Sec 1160. ...TRANSPORTATION costs ; Demographic characteristics of individuals served and geographic distribution associated with
Index of 0UNINSURANCE from 2012 to 2014 exceeding 8 percentage points ; Decrease in national rate of
Index of Sec 1112. ...VALIDATION of pre ; Process described in clause including validation of work elements involved with furnishing service and including
Index of Sec 1122. ...VALIDATION under subparagraph using methods described in subclauses ; Secretary conducting
Index of Sec 1122. ...RELATIVE value units including sampling of codes for services being same as codes listed under subparagraph ; Validation of work
Index of Sec 1122. ...VALIDATION of pre ; Process described in clause including validation of work elements involved with furnishing service and including
Index of Sec 1122. ...1st Session |
To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
Mr. Dingell (for himself, Mr. Rangel, Mr. Waxman, Mr. George Miller of California, Mr. Stark, Mr. Pallone, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, 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
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) In general.—Section 1888(e)(4)(E)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(4)(E)(ii)) is amended—
(1) in subclause (III), by striking “and” at the end;
(2) by redesignating subclause (IV) as subclause (VI); and
(3) by inserting after subclause (III) the following new subclauses:
“(IV) for each of fiscal years 2004 through 2009, the rate computed for the previous fiscal year increased by the skilled nursing facility market basket percentage change for the fiscal year involved;
“(V) for fiscal year 2010, the rate computed for the previous fiscal year; and”.
(b) Delayed effective date.—Section 1888(e)(4)(E)(ii)(V) of the Social Security Act, as inserted by subsection (a)(3), shall not apply to payment for days before January 1, 2010.
(a) In general.—Section 1886(j)(3)(C) of the Social Security Act (42 U.S.C. 1395ww(j)(3)(C)) is amended by striking “and 2009” and inserting “through 2010”.
(b) Delayed effective date.—The amendment made by subsection (a) shall not apply to payment units occurring before January 1, 2010.
(a) Inpatient acute hospitals.—Section 1886(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended—
(A) by striking “(iii) For purposes of this subparagraph,” and inserting “(iii)(I) For purposes of this subparagraph, subject to the productivity adjustment described in subclause (II),”; and
(B) by adding at the end the following new subclause:
“(II) The productivity adjustment described in this subclause, with respect to an increase or change for a fiscal year or year or cost reporting period, or other annual period, is a productivity offset in the form of a reduction in such increase or change equal to the percentage change in the 10-year moving average of annual economy-wide private nonfarm business multi-factor productivity (as recently published in final form before the promulgation or publication of such increase for the year or period involved). Except as otherwise provided, any reference to the increase described in this clause shall be a reference to the percentage increase described in subclause (I) minus the percentage change under this subclause.”;
(2) in the first sentence of clause (viii)(I), by inserting “(but not below zero)” after “shall be reduced”; and
(3) in the first sentence of clause (ix)(I)—
(A) by inserting “(determined without regard to clause (iii)(II))” after “clause (i)” the second time it appears; and
(B) by inserting “(but not below zero)” after “reduced”.
(b) Skilled nursing facilities.—Section 1888(e)(5)(B) of such Act (42 U.S.C. 1395yy(e)(5)(B)) is amended by inserting “subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II)” after “as calculated by the Secretary”.
(c) Long term care hospitals.—Section 1886(m) of the Social Security Act (42 U.S.C. 1395ww(m)) is amended by adding at the end the following new paragraph:
“(3) PRODUCTIVITY ADJUSTMENT.—In implementing the system described in paragraph (1) for discharges occurring on or after January 1, 2010, during the rate year ending in 2010 or any subsequent rate year for a hospital, to the extent that an annual percentage increase factor applies to a standard Federal rate for such discharges for the hospital, such factor shall be subject to the productivity adjustment described in subsection (b)(3)(B)(iii)(II).”.
(d) Inpatient rehabilitation facilities.—The second sentence of section 1886(j)(3)(C) of the Social Security Act (42 U.S.C. 1395ww(j)(3)(C)) is amended by inserting “(subject to the productivity adjustment described in subsection (b)(3)(B)(iii)(II))” after “appropriate percentage increase”.
(e) Psychiatric hospitals.—Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection:
“(o) Prospective payment for psychiatric hospitals.—
“(1) REFERENCE TO ESTABLISHMENT AND IMPLEMENTATION OF SYSTEM.—For provisions related to the establishment and implementation of a prospective payment system for payments under this title for inpatient hospital services furnished by psychiatric hospitals (as described in clause (i) of subsection (d)(1)(B) and psychiatric units (as described in the matter following clause (v) of such subsection), see section 124 of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999.
“(2) PRODUCTIVITY ADJUSTMENT.—In implementing the system described in paragraph (1) for days occurring during the rate year ending in 2011 or any subsequent rate year for a psychiatric hospital or unit described in such paragraph, to the extent that an annual percentage increase factor applies to a base rate for such days for the hospital or unit, respectively, such factor shall be subject to the productivity adjustment described in subsection (b)(3)(B)(iii)(II).”.
(f) Hospice care.—Subclause (VII) of section 1814(i)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395f(i)(1)(C)(ii)) is amended by inserting after “the market basket percentage increase” the following: “(which is subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II))”.
(1) IPPS.—The amendments made by subsection (a) shall apply to annual increases effected for fiscal years beginning with fiscal year 2010, but only with respect to discharges occurring on or after January 1, 2010.
(2) SNF AND IRF.—The amendments made by subsections (b) and (d) shall apply to annual increases effected for fiscal years beginning with fiscal year 2011.
(3) HOSPICE CARE.—The amendment made by subsection (f) shall apply to annual increases effected for fiscal years beginning with fiscal year 2010, but only with respect to days of care occurring on or after January 1, 2010.
(a) Change in recalibration factor.—
(1) ANALYSIS.—The Secretary of Health and Human Services shall conduct, using calendar year 2006 claims data, an initial analysis comparing total payments under title XVIII of the Social Security Act for skilled nursing facility services under the RUG–53 and under the RUG–44 classification systems.
(2) ADJUSTMENT IN RECALIBRATION FACTOR.—Based on the initial analysis under paragraph (1), the Secretary shall adjust the case mix indexes under section 1888(e)(4)(G)(i) of the Social Security Act (42 U.S.C. 1395yy(e)(4)(G)(i)) for fiscal year 2010 by the appropriate recalibration factor as proposed in the proposed rule for Medicare skilled nursing facilities issued by such Secretary on May 12, 2009 (74 Federal Register 22214 et seq.).
(b) Change in payment for nontherapy ancillary (NTA) services and therapy services.—
(1) CHANGES UNDER CURRENT SNF CLASSIFICATION SYSTEM.—
(A) IN GENERAL.—Subject to subparagraph (B), the Secretary of Health and Human Services shall, under the system for payment of skilled nursing facility services under section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)), increase payment by 10 percent for non-therapy ancillary services (as specified by the Secretary in the notice issued on November 27, 1998 (63 Federal Register 65561 et seq.)) and shall decrease payment for the therapy case mix component of such rates by 5.5 percent.
(B) EFFECTIVE DATE.—The changes in payment described in subparagraph (A) shall apply for days on or after January 1, 2010, and until the Secretary implements an alternative case mix classification system for payment of skilled nursing facility services under section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)).
(C) IMPLEMENTATION.—Notwithstanding any other provision of law, the Secretary may implement by program instruction or otherwise the provisions of this paragraph.
(2) CHANGES UNDER A FUTURE SNF CASE MIX CLASSIFICATION SYSTEM.—
(i) IN GENERAL.—The Secretary of Health and Human Services shall analyze payments for non-therapy ancillary services under a future skilled nursing facility classification system to ensure the accuracy of payment for non-therapy ancillary services. Such analysis shall consider use of appropriate predictors which may include age, physical and mental status, ability to perform activities of daily living, prior nursing home stay, diagnoses, broad RUG category, and a proxy for length of stay.
(ii) APPLICATION.—Such analysis shall be conducted in a manner such that the future skilled nursing facility classification system is implemented to apply to services furnished during a fiscal year beginning with fiscal year 2011.
(B) CONSULTATION.—In conducting the analysis under subparagraph (A), the Secretary shall consult with interested parties, including the Medicare Payment Advisory Commission and other interested stakeholders, to identify appropriate predictors of nontherapy ancillary costs.
(C) RULEMAKING.—The Secretary shall include the result of the analysis under subparagraph (A) in the fiscal year 2011 rulemaking cycle for purposes of implementation beginning for such fiscal year.
(D) IMPLEMENTATION.—Subject to subparagraph (E) and consistent with subparagraph (A)(ii), the Secretary shall implement changes to payments for non-therapy ancillary services (which shall include a separate rate component for non-therapy ancillary services and may include use of a model that predicts payment amounts applicable for non-therapy ancillary services) under such future skilled nursing facility services classification system as the Secretary determines appropriate based on the analysis conducted pursuant to subparagraph (A).
(E) BUDGET NEUTRALITY.—The Secretary shall implement changes described in subparagraph (D) in a manner such that the estimated expenditures under such future skilled nursing facility services classification system for a fiscal year beginning with fiscal year 2011 with such changes would be equal to the estimated expenditures that would otherwise occur under title XVIII of the Social Security Act under such future skilled nursing facility services classification system for such year without such changes.
(c) Outlier policy for NTA and therapy.—Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended by adding at the end the following new paragraph:
“(13) OUTLIERS FOR NTA AND THERAPY.—
“(A) IN GENERAL.—With respect to outliers because of unusual variations in the type or amount of medically necessary care, beginning with October 1, 2010, the Secretary—
“(i) shall provide for an addition or adjustment to the payment amount otherwise made under this section with respect to non-therapy ancillary services in the case of such outliers; and
“(ii) may provide for such an addition or adjustment to the payment amount otherwise made under this section with respect to therapy services in the case of such outliers.
“(B) OUTLIERS BASED ON AGGREGATE COSTS.—Outlier adjustments or additional payments described in subparagraph (A) shall be based on aggregate costs during a stay in a skilled nursing facility and not on the number of days in such stay.
“(C) BUDGET NEUTRALITY.—The Secretary shall reduce estimated payments that would otherwise be made under the prospective payment system under this subsection with respect to a fiscal year by 2 percent. The total amount of the additional payments or payment adjustments for outliers made under this paragraph with respect to a fiscal year may not exceed 2 percent of the total payments projected or estimated to be made based on the prospective payment system under this subsection for the fiscal year.”.
(d) Conforming amendments.—Section 1888(e)(8) of such Act (42 U.S.C. 1395yy(e)(8)) is amended—
(A) by striking “and” before “adjustments”; and
(B) by inserting “, and adjustment under section 1111(b) of the Affordable Health Care for America Act” before the semicolon at the end;
(2) in subparagraph (B), by striking “and”;
(3) in subparagraph (C), by striking the period and inserting “; and”; and
(4) by adding at the end the following new subparagraph:
“(D) the establishment of outliers under paragraph (13).”.
(1) IN GENERAL.—Not later than January 1, 2016, the Secretary of Health and Human Services shall submit to Congress a report on Medicare DSH taking into account the impact of the health care reforms carried out under division A in reducing the number of uninsured individuals. The report shall include recommendations relating to the following:
(A) The appropriate amount, targeting, and distribution of Medicare DSH to compensate for higher Medicare costs associated with serving low-income beneficiaries (taking into account variations in the empirical justification for Medicare DSH attributable to hospital characteristics, including bed size), consistent with the original intent of Medicare DSH.
(B) The appropriate amount, targeting, and distribution of Medicare DSH to hospitals given their continued uncompensated care costs, to the extent such costs remain.
(2) COORDINATION WITH MEDICAID DSH REPORT.—The Secretary shall coordinate the report under this subsection with the report on Medicaid DSH under section 1704(a).
(b) Payment adjustments in response to coverage expansion.—
(1) IN GENERAL.—If there is a significant decrease in the national rate of uninsurance as a result of this Act (as determined under paragraph (2)(A)), then the Secretary of Health and Human Services shall, beginning in fiscal year 2017, implement the following adjustments to Medicare DSH:
(A) In lieu of the amount of Medicare DSH payment that would otherwise be made under section 1886(d)(5)(F) of the Social Security Act, the amount of Medicare DSH payment shall be an amount based on the recommendations of the report under subsection (a)(1)(A) and shall take into account variations in the empirical justification for Medicare DSH attributable to hospital characteristics, including bed size.
(B) Subject to paragraph (3), make an additional payment to a hospital by an amount that is estimated based on the amount of uncompensated care provided by the hospital based on criteria for uncompensated care as determined by the Secretary, which shall exclude bad debt.
(2) SIGNIFICANT DECREASE IN NATIONAL RATE OF UNINSURANCE AS A RESULT OF THIS ACT.—For purposes of this subsection—
(A) IN GENERAL.—There is a “significant decrease in the national rate of uninsurance as a result of this Act” if there is a decrease in the national rate of uninsurance (as defined in subparagraph (B)) from 2012 to 2014 that exceeds 8 percentage points.
(B) NATIONAL RATE OF UNINSURANCE DEFINED.—The term “national rate of uninsurance” means, for a year, such rate for the under-65 population for the year as determined and published by the Bureau of the Census in its Current Population Survey in or about September of the succeeding year.
(3) UNCOMPENSATED CARE INCREASE.—
(A) COMPUTATION OF DSH SAVINGS.—For each fiscal year (beginning with fiscal year 2017), the Secretary shall estimate the aggregate reduction in the amount of Medicare DSH payment that would be expected to result from the adjustment under paragraph (1)(A).
(B) STRUCTURE OF PAYMENT INCREASE.—The Secretary shall compute the additional payment to a hospital as described in paragraph (1)(B) for a fiscal year in accordance with a formula established by the Secretary that provides that—
(i) the estimated aggregate amount of such increase for the fiscal year does not exceed 50 percent of the aggregate reduction in Medicare DSH estimated by the Secretary for such fiscal year; and
(ii) hospitals with higher levels of uncompensated care receive a greater increase.
(c) Medicare DSH.—In this section, the term “Medicare DSH” means adjustments in payments under section 1886(d)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)) for inpatient hospital services furnished by disproportionate share hospitals.
Section 4301(a) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is amended—
(1) by striking “October 1, 2009” and inserting “October 1, 2010”; and
(2) by striking “for fiscal year 2009” and inserting “for fiscal years 2009 and 2010”.
(a) Ordering post-hospital extended care services.—Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended—
(1) in paragraph (2) in the matter preceding subparagraph (A), is amended by striking “nurse practitioner or clinical nurse specialist” and inserting “nurse practitioner, a clinical nurse specialist, or a physician assistant”.
(2) in the second sentence, by striking “or clinical nurse specialist” and inserting “clinical nurse specialist, or physician assistant”.
(b) Recognition of attending physician assistants as attending physicians to serve hospice patients.—
(1) IN GENERAL.—Section 1861(dd)(3)(B) of such Act (42 U.S.C. 1395x(dd)(3)(B)) is amended—
(A) by striking “or nurse” and inserting “, the nurse”; and
(B) by inserting “or the physician assistant (as defined in such subsection),” after “subsection (aa)(5)),”.
(2) CONFORMING AMENDMENT.—Section 1814(a)(7)(A)(i)(I) of such Act (42 U.S.C. 1395f(a)(7)(A)(i)(I)) is amended by inserting “or a physician assistant” after “a nurse practitioner”.
(3) CONSTRUCTION.—Nothing in the amendments made by this subsection shall be construed as changing the requirements of section 1842(b)(6)(C) of the Social Security Act (42 U.S.C. 1395u(b)(6)(C)) with respect to payment for services of physician assistants under part B of title XVIII of such Act.
(c) Effective date.—The amendments made by this section shall apply to items and services furnished on or after January 1, 2010.
Section 1848(n) of the Social Security Act (42 U.S.C. 1395w–4(n)) is amended by adding at the end the following new paragraph:
“(9) FEEDBACK IMPLEMENTATION PLAN.—
“(A) TIMELINE FOR FEEDBACK PROGRAM.—
“(i) EVALUATION.—During 2011 the Secretary shall conduct the evaluation specified in subparagraph (E)(i).
“(ii) EXPANSION.—The Secretary shall expand the Program under this subsection as specified in subparagraph (E)(ii).
“(B) ESTABLISHMENT OF NATURE OF REPORTS.—
“(i) IN GENERAL.—The Secretary shall develop and specify the nature of the reports that will be disseminated under this subsection, based on results and findings from the Program under this subsection as in existence before the date of the enactment of this paragraph. Such reports may be based on a per capita basis, an episode basis that combines separate but clinically related physicians’ services and other items and services furnished or ordered by a physician into an episode of care, as appropriate, or both.
“(ii) TIMELINE FOR DEVELOPMENT.—The nature of the reports described in clause (i) shall be developed by not later than January 1, 2012.
“(iii) PUBLIC AVAILABILITY.—The Secretary shall make the details of the nature of the reports developed under clause (i) available to the public.
“(C) ANALYSIS OF DATA.—The Secretary shall, for purposes of preparing reports under this subsection, establish methodologies as appropriate such as to—
“(i) attribute items and services, in whole or in part, to physicians;
“(ii) identify appropriate physicians for purposes of comparison under subparagraph (B)(i); and
“(iii) aggregate items and services attributed to a physician under clause (i) into a composite measure per individual.
“(D) FEEDBACK PROGRAM.—The Secretary shall engage in efforts to disseminate reports under this subsection. In disseminating such reports, the Secretary shall consider the following:
“(i) Direct meetings between contracted physicians, facilitated by the Secretary, to discuss the contents of reports under this subsection, including any reasons for divergence from local or national averages.
“(ii) Contract with local, non-profit entities engaged in quality improvement efforts at the community level. Such entities shall use the reports under this subsection, or such equivalent tool as specified by the Secretary. Any exchange of data under this paragraph shall be protected by appropriate privacy safeguards.
“(iii) Mailings or other methods of communication that facilitate large-scale dissemination.
“(iv) Other methods specified by the Secretary.
“(E) EVALUATION AND EXPANSION.—
“(i) EVALUATION.—The Secretary shall evaluate the methods specified in subparagraph (D) with regard to their efficacy in changing practice patterns to improve quality and decrease costs.
“(ii) EXPANSION.—Taking into account the cost of each method specified in subparagraph (D), the Secretary shall develop a plan to disseminate reports under this subsection in a significant manner in the regions and cities of the country with the highest utilization of services under this title. To the extent practicable, reports under this subsection shall be disseminated to increasing numbers of physicians each year, such that during 2014 and subsequent years, reports are disseminated at least to physicians with utilization rates among the highest 5 percent of the nation, subject the authority to focus under paragraph (4).
“(i) Chapter 35 of title 44, United States Code shall not apply to this paragraph.
“(ii) Notwithstanding any other provision of law, the Secretary may implement the provisions of this paragraph by program instruction or otherwise.”.
(a) In general.—Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w-4(c)(2)) is amended by adding at the end the following new subparagraphs:
“(K) POTENTIALLY MISVALUED CODES.—
“(i) IN GENERAL.—The Secretary shall—
“(I) periodically identify services as being potentially misvalued using criteria specified in clause (ii); and
“(II) review and make appropriate adjustments to the relative values established under this paragraph for services identified as being potentially misvalued under subclause (I).
“(ii) IDENTIFICATION OF POTENTIALLY MISVALUED CODES.—For purposes of identifying potentially misvalued services pursuant to clause (i)(I), the Secretary shall examine (as the Secretary determines to be appropriate) codes (and families of codes as appropriate) for which there has been the fastest growth; codes (and families of codes as appropriate) that have experienced substantial changes in practice expenses; codes for new technologies or services within an appropriate period (such as three years) after the relative values are initially established for such codes; multiple codes that are frequently billed in conjunction with furnishing a single service; codes with low relative values, particularly those that are often billed multiple times for a single treatment; codes which have not been subject to review since the implementation of the RBRVS (the so-called ‘Harvard-valued codes’); and such other codes determined to be appropriate by the Secretary.
“(iii) REVIEW AND ADJUSTMENTS.—
“(I) The Secretary may use existing processes to receive recommendations on the review and appropriate adjustment of potentially misvalued services described clause (i)(II).
“(II) The Secretary may conduct surveys, other data collection activities, studies, or other analyses as the Secretary determines to be appropriate to facilitate the review and appropriate adjustment described in clause (i)(II).
“(III) The Secretary may use analytic contractors to identify and analyze services identified under clause (i)(I), conduct surveys or collect data, and make recommendations on the review and appropriate adjustment of services described in clause (i)(II).
“(IV) The Secretary may coordinate the review and appropriate adjustment described in clause (i)(II) with the periodic review described in subparagraph (B).
“(V) As part of the review and adjustment described in clause (i)(II), including with respect to codes with low relative values described in clause (ii), the Secretary may make appropriate coding revisions (including using existing processes for consideration of coding changes) which may include consolidation of individual services into bundled codes for payment under the fee schedule under subsection (b).
“(VI) The provisions of subparagraph (B)(ii)(II) shall apply to adjustments to relative value units made pursuant to this subparagraph in the same manner as such provisions apply to adjustments under subparagraph (B)(ii)(II).
“(L) VALIDATING RELATIVE VALUE UNITS.—
“(i) IN GENERAL.—The Secretary shall establish a process to validate relative value units under the fee schedule under subsection (b).
“(ii) COMPONENTS AND ELEMENTS OF WORK.—The process described in clause (i) may include validation of work elements (such as time, mental effort and professional judgment, technical skill and physical effort, and stress due to risk) involved with furnishing a service and may include validation of the pre, post, and intra-service components of work.
“(iii) SCOPE OF CODES.—The validation of work relative value units shall include a sampling of codes for services that is the same as the codes listed under subparagraph (K)(ii)
“(iv) METHODS.—The Secretary may conduct the validation under this subparagraph using methods described in subclauses (I) through (V) of subparagraph (K)(iii) as the Secretary determines to be appropriate.
“(v) ADJUSTMENTS.—The Secretary shall make appropriate adjustments to the work relative value units under the fee schedule under subsection (b). The provisions of subparagraph (B)(ii)(II) shall apply to adjustments to relative value units made pursuant to this subparagraph in the same manner as such provisions apply to adjustments under subparagraph (B)(ii)(II).”.
(1) FUNDING.—For purposes of carrying out the provisions of subparagraphs (K) and (L) of 1848(c)(2) of the Social Security Act, as added by subsection (a), in addition to funds otherwise available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services for the Center for Medicare & Medicaid Services Program Management Account $20,000,000 for fiscal year 2010 and each subsequent fiscal year. Amounts appropriated under this paragraph for a fiscal year shall be available until expended.
(A) Chapter 35 of title 44, United States Code and the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to this section or the amendment made by this section.
(B) Notwithstanding any other provision of law, the Secretary may implement subparagraphs (K) and (L) of 1848(c)(2) of the Social Security Act, as added by subsection (a), by program instruction or otherwise.
(C) Section 4505(d) of the Balanced Budget Act of 1997 is repealed.
(D) Except for provisions related to confidentiality of information, the provisions of the Federal Acquisition Regulation shall not apply to this section or the amendment made by this section.
(3) FOCUSING CMS RESOURCES ON POTENTIALLY OVERVALUED CODES.—Section 1868(a) of the Social Security Act (42 1395ee(a)) is repealed.
Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection:
“(x) Incentive Payments for Efficient areas.—
“(1) IN GENERAL.—In the case of services furnished under the physician fee schedule under section 1848 on or after January 1, 2011, and before January 1, 2013, by a supplier that is paid under such fee schedule in an efficient area (as identified under paragraph (2)), in addition to the amount of payment that would otherwise be made for such services under this part, there also shall be paid (on a monthly or quarterly basis) an amount equal to 5 percent of the payment amount for the services under this part.
“(2) IDENTIFICATION OF EFFICIENT AREAS.—
“(A) IN GENERAL.—Based upon available data, the Secretary shall identify those counties or equivalent areas in the United States in the lowest fifth percentile of utilization based on per capita spending under this part and part A for services provided in the most recent year for which data are available as of the date of the enactment of this subsection, as standardized to eliminate the effect of geographic adjustments in payment rates.
“(B) IDENTIFICATION OF COUNTIES WHERE SERVICE IS FURNISHED..—For purposes of paying the additional amount specified in paragraph (1), if the Secretary uses the 5-digit postal ZIP Code where the service is furnished, the dominant county of the postal ZIP Code (as determined by the United States Postal Service, or otherwise) shall be used to determine whether the postal ZIP Code is in a county described in subparagraph (A).
“(C) LIMITATION ON REVIEW.—There shall be no administrative or judicial review under section 1869, 1878, or otherwise, respecting—
“(i) the identification of a county or other area under subparagraph (A); or
“(ii) the assignment of a postal ZIP Code to a county or other area under subparagraph (B).
“(D) PUBLICATION OF LIST OF COUNTIES; POSTING ON WEBSITE.—With respect to a year for which a county or area is identified under this paragraph, the Secretary shall identify such counties or areas as part of the proposed and final rule to implement the physician fee schedule under section 1848 for the applicable year. The Secretary shall post the list of counties identified under this paragraph on the Internet website of the Centers for Medicare & Medicaid Services.”.
(a) Feedback.—Section 1848(m)(5) of the Social Security Act (42 U.S.C. 1395w–4(m)(5)) is amended by adding at the end the following new subparagraph:
“(H) FEEDBACK.—The Secretary shall provide timely feedback to eligible professionals on the performance of the eligible professional with respect to satisfactorily submitting data on quality measures under this subsection.”.
(b) Appeals.—Such section is further amended—
(1) in subparagraph (E), by striking “There shall be” and inserting “Except as provided in subparagraph (I), there shall be”; and
(2) by adding at the end the following new subparagraph:
“(I) INFORMAL APPEALS PROCESS.—By not later than January 1, 2011, the Secretary shall establish and have in place an informal process for eligible professionals to seek a review of the determination that an eligible professional did not satisfactorily submit data on quality measures under this subsection.”.
(c) Integration of physician quality reporting and EHR reporting.—Section 1848(m) of such Act is amended by adding at the end the following new paragraph:
“(7) INTEGRATION OF PHYSICIAN QUALITY REPORTING AND EHR REPORTING.—Not later than January 1, 2012, the Secretary shall develop a plan to integrate clinical reporting on quality measures under this subsection with reporting requirements under subsection (o) relating to the meaningful use of electronic health records. Such integration shall consist of the following:
“(A) The development of measures, the reporting of which would both demonstrate—
“(i) meaningful use of an electronic health record for purposes of subsection (o); and
“(ii) clinical quality of care furnished to an individual.
“(B) The collection of health data to identify deficiencies in the quality and coordination of care for individuals eligible for benefits under this part.
“(C) Such other activities as specified by the Secretary.”.
(d) Extension of incentive payments.—Section 1848(m)(1) of such Act (42 U.S.C. 1395w–4(m)(1)) is amended—
(1) in subparagraph (A), by striking “2010” and inserting “2012”; and
(2) in subparagraph (B)(ii), by striking “2009 and 2010” and inserting “for each of the years 2009 through 2012”.
(a) In general.—Section 1848(e) of the Social Security Act (42 U.S.C.1395w–4(e)) is amended by adding at the end the following new paragraph:
“(6) TRANSITION TO USE OF MSAS AS FEE SCHEDULE AREAS IN CALIFORNIA.—
“(i) REVISION.—Subject to clause (ii) and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2011, the Secretary shall revise the fee schedule areas used for payment under this section applicable to the State of California using the Metropolitan Statistical Area (MSA) iterative Geographic Adjustment Factor methodology as follows:
“(I) The Secretary shall configure the physician fee schedule areas using the Metropolitan Statistical Areas (each in this paragraph referred to as an ‘MSA’), as defined by the Director of the Office of Management and Budget and published in the Federal Register, using the most recent available decennial population data as of the date of the enactment of the Affordable Health Care for America Act, as the basis for the fee schedule areas.
“(II) For purposes of this clause, the Secretary shall treat all areas not included in an MSA as a single rest of the State MSA.
“(III) The Secretary shall list all MSAs within the State by Geographic Adjustment Factor described in paragraph (2) (in this paragraph referred to as a ‘GAF’) in descending order.
“(IV) In the first iteration, the Secretary shall compare the GAF of the highest cost MSA in the State to the weighted-average GAF of all the remaining MSAs in the State (including the rest of State MSA described in subclause (II)). If the ratio of the GAF of the highest cost MSA to the weighted-average of the GAF of remaining lower cost MSAs is 1.05 or greater, the highest cost MSA shall be a separate fee schedule area.
“(V) In the next iteration, the Secretary shall compare the GAF of the MSA with the second-highest GAF to the weighted-average GAF of the all the remaining MSAs (excluding MSAs that become separate fee schedule areas). If the ratio of the second-highest MSA’s GAF to the weighted-average of the remaining lower cost MSAs is 1.05 or greater, the second-highest MSA shall be a separate fee schedule area. “(VI) The iterative process shall continue until the ratio of the GAF of the MSA with highest remaining GAF to the weighted-average of the remaining MSAs with lower GAFS is less than 1.05, and the remaining group of MSAs with lower GAFS shall be treated as a single fee schedule area.
“(VI) For purposes of the iterative process described in this clause, if two MSAs have identical GAFs, they shall be combined.
“(ii) TRANSITION.—For services furnished on or after January 1, 2011, and before January 1, 2016, in the State of California, after calculating the work, practice expense, and malpractice geographic indices that would otherwise be determined under clauses (i), (ii), and (iii) of paragraph (1)(A) for a fee schedule area determined under clause (i), if the index for a county within a fee schedule area is less than the index in effect for such county on December 31, 2010, the Secretary shall instead apply the index in effect for such county on such date.
“(B) SUBSEQUENT REVISIONS.—After the transition described in subparagraph (A)(ii), not less than every 3 years the Secretary shall review and update the fee schedule areas using the methodology described in subparagraph (A)(i) and any updated MSAs as defined by the Director of the Office of Management and Budget and published in the Federal Register. The Secretary shall review and make any changes pursuant to such reviews concurrent with the application of the periodic review of the adjustment factors required under paragraph (1)(C) for California.
“(C) REFERENCES TO FEE SCHEDULE AREAS.—Effective for services furnished on or after January 1, 2011, for the State of California, any reference in this section to a fee schedule area shall be deemed a reference to an MSA in the State (including the single rest of state MSA described in subparagraph (A)(i)(II)).”.
(b) Conforming amendment to definition of fee schedule area.—Section 1848(j)(2) of the Social Security Act (42 U.S.C. 1395w(j)(2)) is amended by striking “The term” and inserting “Except as provided in subsection (e)(6)(C), the term”.
(1) IN GENERAL.—Section 1833(t)(3)(C)(iv) of the Social Security Act (42 U.S.C. 1395l(t)(3)(C)(iv)) is amended——
(i) by inserting “(which is subject to the productivity adjustment described in subclause (II) of such section)” after “1886(b)(3)(B)(iii)”; and
(ii) by inserting “(but not below 0)” after “reduced”; and
(B) in the second sentence, by inserting “and which is subject, beginning with 2010, to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II)”.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to increase factors for services furnished in years beginning with 2010.
(b) Ambulance services.—Section 1834(l)(3)(B) of such Act (42 U.S.C. 1395m(l)(3)(B))) is amended by inserting before the period at the end the following: “and, in the case of years beginning with 2010, subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II)”.
(c) Ambulatory surgical center services.—Section 1833(i)(2)(D) of such Act (42 U.S.C. 1395l(i)(2)(D)) is amended—
(1) by redesignating clause (v) as clause (vi); and
(2) by inserting after clause (iv) the following new clause:
“(v) In implementing the system described in clause (i), for services furnished during 2010 or any subsequent year, to the extent that an annual percentage change factor applies, such factor shall be subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II).”.
(d) Laboratory services.—Section 1833(h)(2)(A) of such Act (42 U.S.C. 1395l(h)(2)(A)) is amended—
(1) in clause (i), by striking “for each of the years 2009 through 2013” and inserting “for 2009”; and
(A) by striking “and” at the end of subclause (III);
(B) by striking the period at the end of subclause (IV) and inserting “; and”; and
(C) by adding at the end the following new subclause:
“(V) the annual adjustment in the fee schedules determined under clause (i) for years beginning with 2010 shall be subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II).”.
(e) Certain durable medical equipment.—Section 1834(a)(14) of such Act (42 U.S.C. 1395m(a)(14)) is amended—
(1) in subparagraph (K), by inserting before the semicolon at the end the following: “, subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II)”;
(2) in subparagraph (L)(i), by inserting after “June 2013,” the following: “subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II),”;
(3) in subparagraph (L)(ii), by inserting after “June 2013” the following: “, subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II)”; and
(4) in subparagraph (M), by inserting before the period at the end the following: “, subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II)”.
(a) In general.—Section 1834(a)(7)(A)(iii) of the Social Security Act (42 U.S.C. 1395m(a)(7)(A)(iii)) is amended—
(1) in the heading, by inserting “certain complex rehabilitative” after “option for”; and
(2) by striking “power-driven wheelchair” and inserting “complex rehabilitative power-driven wheelchair recognized by the Secretary as classified within group 3 or higher”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on January 1, 2011, and shall apply to power-driven wheelchairs furnished on or after such date. Such amendments shall not apply to contracts entered into under section 1847 of the Social Security Act (42 U.S.C. 1395w–3) pursuant to a bid submitted under such section before October 1, 2010, under subsection (a)(1)(B)(i)(I) of such section.
(a) In general.—Section 1834(a)(7)(A) of the Social Security Act (42 U.S.C. 1395m(a)(7)(A)) is amended—
(A) by striking “rental.—On” and inserting “rental.—
“(I) IN GENERAL.—Except as provided in subclause (II), on”; and
(B) by adding at the end the following new subclause:
“(II) OPTION TO ACCEPT OR REJECT TRANSFER OF TITLE TO GROUP 3 SUPPORT SURFACE.—
“(aa) IN GENERAL.—During the 10th continuous month during which payment is made for the rental of a Group 3 Support Surface under clause (i), the supplier of such item shall offer the individual the option to accept or reject transfer of title to a Group 3 Support Surface after the 13th continuous month during which payment is made for the rental of the Group 3 Support Surface under clause (i). Such title shall be transferred to the individual only if the individual notifies the supplier not later than 1 month after the supplier makes such offer that the individual agrees to accept transfer of the title to the Group 3 Support Surface. Unless the individual accepts transfer of title to the Group 3 Support Surface in the manner set forth in this subclause, the individual shall be deemed to have rejected transfer of title. If the individual agrees to accept the transfer of the title to the Group 3 Support Surface, the supplier shall transfer such title to the individual on the first day that begins after the 13th continuous month during which payment is made for the rental of the Group 3 Support Surface under clause (i).
“(bb) SPECIAL RULE.—If, on the effective date of this subclause, an individual’s rental period for a Group 3 Support Surface has exceeded 10 continuous months, but the first day that begins after the 13th continuous month during which payment is made for the rental under clause (i) has not been reached, the supplier shall, within 1 month following such effective date, offer the individual the option to accept or reject transfer of title to a Group 3 Support Surface. Such title shall be transferred to the individual only if the individual notifies the supplier not later than 1 month after the supplier makes such offer that the individual agrees to accept transfer of title to the Group 3 Support Surface. Unless the individual accepts transfer of title to the Group 3 Support Surface in the manner set forth in this subclause, the individual shall be deemed to have rejected transfer of title. If the individual agrees to accept the transfer of the title to the Group 3 Support Surface, the supplier shall transfer such title to the individual on the first day that begins after the 13th continuous month during which payment is made for the rental of the Group 3 Support Surface under clause (i) unless that day has passed, in which case the supplier shall transfer such title to the individual not later than 1 month after notification that the individual accepts transfer of title.
“(cc) TREATMENT OF SUBSEQUENT RESUPPLY WITHIN PERIOD OF REASONABLE USEFUL LIFETIME OF GROUP 3 SUPPORT SURFACE IN CASE OF NEED.—If an individual rejects transfer of title to a Group 3 Support Surface under this subclause and the individual requires such Support Surface at any subsequent time during the period of the reasonable useful lifetime of such equipment (as defined by the Secretary) beginning with the first month for which payment is made for the rental of such equipment under clause (i), the supplier shall supply the equipment without charge to the individual or the program under this title during the remainder of such period, other than payment for maintenance and servicing during such period which would otherwise have been paid if the individual had accepted title to such equipment. The previous sentence shall not affect the payment of amounts under this part for such equipment after the end of such period of the reasonable useful lifetime of the equipment.
“(dd) PAYMENTS.—Maintenance and servicing payments shall be made in accordance with clause (iv), in the case of a supplier that transfers title to the Group 3 Support Surface under this subclause, after such transfer and, in the case of an individual who rejects transfer of title under this subclause, after the end of the period of medical need during which payment is made under clause (i).”; and
(2) in clause (iv), by inserting “or, in the case of an individual who rejects transfer of title to a Group 3 Support Surface under clause (ii), after the end of the period of medical need during which payment is made under clause (i),” after “under clause (ii)”.
(b) Effective date.—The amendments made by this section shall apply with respect to durable medical equipment not later than January 1, 2011.
Section 1833(t)(16)(C) of the Social Security Act (42 U.S.C. 1395l(t)(16)(C)), as amended by section 142 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275), is amended by striking, the first place it appears, “January 1, 2010” and inserting “January 1, 2012”.
Not later than July 1, 2011, the Medicare Payment Advisory Commission shall submit to Congress a report on the following:
(1) The scope of coverage for home infusion therapy in the fee-for-service Medicare program under title XVIII of the Social Security Act, Medicare Advantage under part C of such title, the veteran’s health care program under chapter 17 of title 38, United States Code, and among private payers, including an analysis of the scope of services provided by home infusion therapy providers to their patients in such programs.
(2) The benefits and costs of providing such coverage under the Medicare program, including a calculation of the potential savings achieved through avoided or shortened hospital and nursing home stays as a result of Medicare coverage of home infusion therapy.
(3) An assessment of sources of data on the costs of home infusion therapy that might be used to construct payment mechanisms in the Medicare program.
(4) Recommendations, if any, on the structure of a payment system under the Medicare program for home infusion therapy, including an analysis of the payment methodologies used under Medicare Advantage plans and private health plans for the provision of home infusion therapy and their applicability to the Medicare program.
(1) IN GENERAL.—Section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at the end the following new paragraph:
“(8) The Secretary shall require, as a condition of the agreement described in section 1832(a)(2)(F)(i), the submission of such cost report as the Secretary may specify, taking into account the requirements for such reports under section 1815 in the case of a hospital.”.
(2) DEVELOPMENT OF COST REPORT.—Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop a cost report form for use under section 1833(i)(8) of the Social Security Act, as added by paragraph (1).
(3) AUDIT REQUIREMENT.—The Secretary shall provide for periodic auditing of cost reports submitted under section 1833(i)(8) of the Social Security Act, as added by paragraph (1).
(4) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to agreements applicable to cost reporting periods beginning 18 months after the date the Secretary develops the cost report form under paragraph (2).
(b) Additional data on quality.—
(1) IN GENERAL.—Section 1833(i)(7) of such Act (42 U.S.C. 1395l(i)(7)) is amended—
(A) in subparagraph (B), by inserting “subject to subparagraph (C),” after “may otherwise provide,”; and
(B) by adding at the end the following new subparagraph:
“(C) Under subparagraph (B) the Secretary shall require the reporting of such additional data relating to quality of services furnished in an ambulatory surgical facility, including data on health care associated infections, as the Secretary may specify.”.
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall to reporting for years beginning with 2012.
Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended by adding at the end the following new paragraph:
“(18) AUTHORIZATION OF ADJUSTMENT FOR CANCER HOSPITALS.—
“(A) STUDY.—The Secretary shall conduct a study to determine if, under the system under this subsection, costs incurred by hospitals described in section 1886(d)(1)(B)(v) with respect to ambulatory payment classification groups exceed those costs incurred by other hospitals furnishing services under this subsection (as determined appropriate by the Secretary).
“(B) AUTHORIZATION OF ADJUSTMENT.—Insofar as the Secretary determines under subparagraph (A) that costs incurred by hospitals described in section 1886(d)(1)(B)(v) exceed those costs incurred by other hospitals furnishing services under this subsection, the Secretary shall provide for an appropriate adjustment under paragraph (2)(E) to reflect those higher costs effective for services furnished on or after January 1, 2011.”.
(a) Adjustment in practice expense to reflect a presumed level of utilization.—Section 1848 of the Social Security Act (42 U.S.C. 1395w–4) is amended—
(A) in subparagraph (B), by striking “subparagraph (A)” and inserting “this paragraph”; and
(B) by adding at the end the following new subparagraph:
“(C) ADJUSTMENT IN PRACTICE EXPENSE TO REFLECT A PRESUMED LEVEL OF UTILIZATION.—Consistent with the methodology for computing the number of practice expense relative value units under subsection (c)(2)(C)(ii) with respect to advanced diagnostic imaging services (as defined in section 1834(e)(1)(B)) furnished on or after January 1, 2011, the Secretary shall adjust such number of units so it reflects a presumed rate of utilization of imaging equipment of 75 percent.”; and
(2) in subsection (c)(2)(B)(v)), by adding at the end the following new subclause:
“(III) CHANGE IN PRESUMED UTILIZATION LEVEL OF CERTAIN ADVANCED DIAGNOSTIC IMAGING SERVICES.—Effective for fee schedules established beginning with 2011, reduced expenditures attributable to the presumed utilization of 75 percent under subsection (b)(4)(C) instead of a presumed utilization of imaging equipment of 50 percent.”.
(b) Adjustment in technical component “discount” on single-session imaging to consecutive body parts.—Section 1848 of such Act (42 U.S.C. 1395w–4) is further amended—
(1) in subsection (b)(4), by adding at the end the following new subparagraph:
“(D) ADJUSTMENT IN TECHNICAL COMPONENT DISCOUNT ON SINGLE-SESSION IMAGING INVOLVING CONSECUTIVE BODY PARTS.—For services furnished on or after January 1, 2011, the Secretary shall increase the reduction in expenditures attributable to the multiple procedure payment reduction applicable to the technical component for imaging under the final rule published by the Secretary in the Federal Register on November 21, 2005 (part 405 of title 42, Code of Federal Regulations) from 25 percent to 50 percent.”; and
(2) in subsection (c)(2)(B)(v), by adding at the end the following new subclause:
“(III) ADDITIONAL REDUCED PAYMENT FOR MULTIPLE IMAGING PROCEDURES.—Effective for fee schedules established beginning with 2011, reduced expenditures attributable to the increase in the multiple procedure payment reduction from 25 percent to 50 percent as described in subsection (b)(4)(D).”.
(a) Waiver of surety bond requirement.—Section 1834(a)(16) of the Social Security Act (42 U.S.C. 1395m(a)(16)) is amended by adding at the end the following sentence: “The requirement for a surety bond described in subparagraph (B) shall not apply in the case of a pharmacy or supplier that exclusively furnishes eyeglasses or contact lenses described in section 1861(s)(8) if the pharmacy or supply has been enrolled under section 1866(j) as a supplier of durable medical equipment, prosthetics, orthotics, and supplies and has been issued (which may include renewal of) a supplier number (as described in the first sentence of this paragraph) for at least 5 years, and if a final adverse action (as defined in section 424.57(a) of title 42, Code of Federal Regulations) has never been imposed for such pharmacy or supplier.”.
(b) Ensuring supply of oxygen equipment .—
(1) IN GENERAL.—Section 1834(a)(5)(F) of the Social Security Act (42 U.S.C. 1395m(a)(5)(F)) is amended—
(A) in clause (ii), by striking “After the” and inserting “Except as provided in clause (iii), after the”; and
(B) by adding at the end the following new clause:
“(iii) CONTINUATION OF SUPPLY.—In the case of a supplier furnishing such equipment to an individual under this subsection as of the 27th month of the 36 months described in clause (i), the supplier furnishing such equipment as of such month shall continue to furnish such equipment to such individual (either directly or though arrangements with other suppliers of such equipment) during any subsequent period of medical need for the remainder of the reasonable useful lifetime of the equipment, as determined by the Secretary, regardless of the location of the individual, unless another supplier has accepted responsibility for continuing to furnish such equipment during the remainder of such period.”.
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect as of the date of the enactment of this Act and shall apply to the furnishing of equipment to individuals for whom the 27th month of a continuous period of use of oxygen equipment described in section 1834(a)(5)(F) of the Social Security Act occurs on or after July 1, 2010.
(c) Treatment of current accreditation applications.—Section 1834(a)(20)(F) of such Act (42 U.S.C. 1395m(a)(20)(F)) is amended—
(A) by striking “clause (ii)” and inserting “clauses (ii) and (iii)”; and
(B) by striking “and” at the end;
(2) by striking the period at the end of clause (ii)(II) and by inserting a semicolon;
(3) by inserting after clause (ii) the following new clauses:
“(iii) the requirement for accreditation described in clause (i) shall not apply for purposes of supplying diabetic testing supplies, canes, and crutches in the case of a pharmacy that is enrolled under section 1866(j) as a supplier of durable medical equipment, prosthetics, orthotics, and supplies; and
“(iv) a supplier that has submitted an application for accreditation before August 1, 2009, shall retain the supplier’s provider or supplier number until an independent accreditation organization determines if such supplier complies with requirements under this paragraph.”; and
(4) by adding at the end the following new sentence: “Nothing in clauses (iii) and (iv) shall be construed as affecting the application of an accreditation requirement for suppliers to qualify for bidding in a competitive acquisition area under section 1847,”.
(d) Restoring 36-month oxygen rental period in case of supplier bankruptcy for certain individuals.—Section 1834(a)(5)(F) of such Act (42 U.S.C. 1395m(a)(5)(F)), as amended by subsection (b), is further amended by adding at the end the following new clause:
“(iv) EXCEPTION FOR BANKRUPTCY.—If a supplier who furnishes oxygen and oxygen equipment to an individual is declared bankrupt and its assets are liquidated and at the time of such declaration and liquidation more than 24 months of rental payments have been made, such individual may begin a new 36-month rental period under this subparagraph with another supplier of oxygen.”.
(a) In general.—The Medicare Payment Advisory Commission shall conduct a study regarding bone mass measurement, including computed tomography, duel-energy x-ray absorptriometry, and vertebral fracture assessment. The study shall focus on the following:
(1) An assessment of the adequacy of Medicare payment rates for such services, taking into account costs of acquiring the necessary equipment, professional work time, and practice expense costs.
(2) The impact of Medicare payment changes since 2006 on beneficiary access to bone mass measurement benefits in general and in rural and minority communities specifically.
(3) A review of the clinically appropriate and recommended use among Medicare beneficiaries and how usage rates among such beneficiaries compares to such recommendations.
(4) In conjunction with the findings under (3), recommendations, if necessary, regarding methods for reaching appropriate use of bone mass measurement studies among Medicare beneficiaries.
(b) Report.—The Commission shall submit a report to the Congress, not later than 9 months after the date of the enactment of this Act, containing a description of the results of the study conducted under subsection (a) and the conclusions and recommendations, if any, regarding each of the issues described in paragraphs (1), (2) (3) and (4) of such subsection.
(a) In general.—Section 1834(h)(1) of the Social Security Act (42 U.S.C. 1395m) is amended—
(1) by redesignating subparagraph (H) as subparagraph (I); and
(2) by inserting after subparagraph (G) the following new subparagraph:
“(H) SPECIAL PAYMENT RULE FOR POST-MASTECTOMY EXTERNAL BREAST PROSTHESIS GARMENTS.—Payment for post-mastectomy external breast prosthesis garments shall be made regardless of whether such items are supplied to the beneficiary prior to or after the mastectomy procedure or other breast cancer surgical procedure. The Secretary shall develop policies to ensure appropriate beneficiary access and utilization safeguards for such items supplied to a beneficiary prior to the mastectomy or other breast cancer surgical procedure.”
(b) Effective date.—This amendment shall apply not later than January 1, 2011.
(a) In general.—Section 1847A of the Social Security Act (42 U.S.C. 1395w–3a) is amended—
(A) in subparagraph (A), by striking “or” at the end;
(B) in subparagraph (B), by striking the period at the end and inserting “; or”; and
(C) by adding at the end the following new subparagraph:
“(C) in the case of one or more interchangeable biological products (as defined in subsection (c)(6)(I)) and their reference biological product (as defined in subsection (c)(6)(J)), which shall be included in the same billing and payment code, the sum of—
“(i) the average sales price as determined using the methodology described in paragraph (6) applied to such interchangeable and reference products for all National Drug Codes assigned to such products in the same manner as such paragraph (6) is applied to multiple source drugs; and
“(ii) 6 percent of the amount determined under clause (i);
“(D) in the case of a biosimilar biological product (as defined in subsection (c)(6)(H)), the sum of—
“(i) the average sales price as determined using the methodology described in paragraph (4) applied to such biosimilar biological product for all National Drug Codes assigned to such product in the same manner as such paragraph (4) is applied to a single source drug; and
“(ii) 6 percent of the amount determined under paragraph (4) or the amount determined under subparagraph (C)(ii), as the case may be, for the reference biological product (as defined in subsection (c)(6)(J)); or
“(E) in the case of a reference biological product for both an interchangeable biological product and a biosimilar product, the amount determined in subparagraph (C).”; and
(A) by amending subparagraph (D)(i) to read as follows:
“(i) a biological, including a reference biological product for a biosimilar product, but excluding—
“(I) a biosimilar biological product;
“(II) an interchangeable biological product;
“(III) a reference biological product for an interchangeable biological product; and
“(IV) a reference biological product for both an interchangeable biological product and a biosimilar product; or”; and
(B) by adding at the end the following new subparagraphs:
“(H) BIOSIMILAR BIOLOGICAL PRODUCT.—The term ‘biosimilar biological product’ means a biological product licensed as a biosimilar biological product under section 351(k) of the Public Health Service Act.
“(I) INTERCHANGEABLE BIOLOGICAL PRODUCT.—The term ‘interchangeable biological product’ means a biological product licensed as an interchangeable biological product under section 351(k) of the Public Health Service Act
“(J) REFERENCE BIOLOGICAL PRODUCT.—The term ‘reference biological product’ means the biological product that is referred to in the application for a biosimilar or interchangeable biological product licensed under section 351(k) of the Public Health Service Act.”.
(b) Effective date.—The amendments made by subsection (a) shall apply to payments for biosimilar biological products, interchangeable biological products, and reference biological products beginning with the first day of the second calendar quarter after the date of the enactment of this Act.
(a) Study.—The Comptroller General of the United States shall conduct a study to evaluate the potential establishment of a program under Medicare under title XVIII of the Social Security Act to acquire durable medical equipment and supplies through a competitive bidding process among manufacturers of such equipment and supplies. Such study shall address the following:
(1) Identification of types of durable medical equipment and supplies that would be appropriate for bidding under such a program.
(2) Recommendations on how to structure such an acquisition program in order to promote fiscal responsibility while also ensuring beneficiary access to high quality equipment and supplies.
(3) Recommendations on how such a program could be phased-in and on what geographic level would bidding be most appropriate.
(4) In addition to price, recommendations on criteria that could be factored into the bidding process.
(5) Recommendations on how suppliers could be compensated for furnishing and servicing equipment and supplies acquired under such a program.
(6) Comparison of such a program to the current competitive bidding program under Medicare for durable medical equipment, as well as any other similar Federal acquisition programs, such as the General Services Administration’s vehicle purchasing program.
(7) Any other consideration relevant to the acquisition, supply, and service of durable medical equipment and supplies that is deemed appropriate by the Comptroller General.
(b) Report.—Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the findings of the study under subsection (a).
(1) IN GENERAL.—Section 1886 of the Social Security Act (42 U.S.C. 1395ww), as amended by section 1103(a), is amended by adding at the end the following new subsection: “(p) Adjustment to hospital payments for excess readmissions.— “(1) IN GENERAL.—With respect to payment for discharges from an applicable hospital (as defined in paragraph (5)(C)) occurring during a fiscal year beginning on or after October 1, 2011, in order to account for excess readmissions in the hospital, the Secretary shall reduce the payments that would otherwise be made to such hospital under subsection (d) (or section 1814(b)(3), as the case may be) for such a discharge by an amount equal to the product of— “(A) the base operating DRG payment amount (as defined in paragraph (2)) for the discharge; and “(B) the adjustment factor (described in paragraph (3)(A)) for the hospital for the fiscal year.
“(2) BASE OPERATING DRG PAYMENT AMOUNT.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), for purposes of this subsection, the term ‘base operating DRG payment amount’ means, with respect to a hospital for a fiscal year, the payment amount that would otherwise be made under subsection (d) for a discharge if this subsection did not apply, reduced by any portion of such amount that is attributable to payments under subparagraphs (B) and (F) of paragraph (5).
“(B) ADJUSTMENTS.—For purposes of subparagraph (A), in the case of a hospital that is paid under section 1814(b)(3), the term ‘base operating DRG payment amount’ means the payment amount under such section.
“(A) IN GENERAL.—For purposes of paragraph (1), the adjustment factor under this paragraph for an applicable hospital for a fiscal year is equal to the greater of—
“(i) the ratio described in subparagraph (B) for the hospital for the applicable period (as defined in paragraph (5)(D)) for such fiscal year; or
“(ii) the floor adjustment factor specified in subparagraph (C).
“(B) RATIO.—The ratio described in this subparagraph for a hospital for an applicable period is equal to 1 minus the ratio of—
“(i) the aggregate payments for excess readmissions (as defined in paragraph (4)(A)) with respect to an applicable hospital for the applicable period; and
“(ii) the aggregate payments for all discharges (as defined in paragraph (4)(B)) with respect to such applicable hospital for such applicable period.
“(C) FLOOR ADJUSTMENT FACTOR.—For purposes of subparagraph (A), the floor adjustment factor specified in this subparagraph for—
“(i) fiscal year 2012 is 0.99;
“(ii) fiscal year 2013 is 0.98;
“(iii) fiscal year 2014 is 0.97; or
“(iv) a subsequent fiscal year is 0.95.
“(4) AGGREGATE PAYMENTS, EXCESS READMISSION RATIO DEFINED.—For purposes of this subsection:
“(A) AGGREGATE PAYMENTS FOR EXCESS READMISSIONS.—The term ‘aggregate payments for excess readmissions’ means, for a hospital for a fiscal year, the sum, for applicable conditions (as defined in paragraph (5)(A)), of the product, for each applicable condition, of—
“(i) the base operating DRG payment amount for such hospital for such fiscal year for such condition;
“(ii) the number of admissions for such condition for such hospital for such fiscal year; and
“(iii) the excess readmissions ratio (as defined in subparagraph (C)) for such hospital for the applicable period for such fiscal year minus 1.
“(B) AGGREGATE PAYMENTS FOR ALL DISCHARGES.—The term ‘aggregate payments for all discharges’ means, for a hospital for a fiscal year, the sum of the base operating DRG payment amounts for all discharges for all conditions from such hospital for such fiscal year.
“(C) EXCESS READMISSION RATIO.—
“(i) IN GENERAL.—Subject to clauses (ii) and (iii), the term ‘excess readmissions ratio’ means, with respect to an applicable condition for a hospital for an applicable period, the ratio (but not less than 1.0) of—
“(I) the risk adjusted readmissions based on actual readmissions, as determined consistent with a readmission measure methodology that has been endorsed under paragraph (5)(A)(ii)(I), for an applicable hospital for such condition with respect to the applicable period; to
“(II) the risk adjusted expected readmissions (as determined consistent with such a methodology) for such hospital for such condition with respect to such applicable period.
“(ii) EXCLUSION OF CERTAIN READMISSIONS.—For purposes of clause (i), with respect to a hospital, excess readmissions shall not include readmissions for an applicable condition for which there are fewer than a minimum number (as determined by the Secretary) of discharges for such applicable condition for the applicable period and such hospital.
“(iii) ADJUSTMENT.—In order to promote a reduction over time in the overall rate of readmissions for applicable conditions, the Secretary may provide, beginning with discharges for fiscal year 2014, for the determination of the excess readmissions ratio under subparagraph (C) to be based on a ranking of hospitals by readmission ratios (from lower to higher readmission ratios) normalized to a benchmark that is lower than the 50th percentile.
“(5) DEFINITIONS.—For purposes of this subsection:
“(A) APPLICABLE CONDITION.—The term ‘applicable condition’ means, subject to subparagraph (B), a condition or procedure selected by the Secretary among conditions and procedures for which—
“(i) readmissions (as defined in subparagraph (E)) that represent conditions or procedures that are high volume or high expenditures under this title (or other criteria specified by the Secretary); and
“(ii) measures of such readmissions—
“(I) have been endorsed by the entity with a contract under section 1890(a); and
“(II) such endorsed measures have appropriate exclusions for readmissions that are unrelated to the prior discharge (such as a planned readmission or transfer to another applicable hospital).
“(B) EXPANSION OF APPLICABLE CONDITIONS.—Beginning with fiscal year 2013, the Secretary shall expand the applicable conditions beyond the 3 conditions for which measures have been endorsed as described in subparagraph (A)(ii)(I) as of the date of the enactment of this subsection to the additional 4 conditions that have been so identified by the Medicare Payment Advisory Commission in its report to Congress in June 2007 and to other conditions and procedures which may include an all-condition measure of readmissions, as determined appropriate by the Secretary. In expanding such applicable conditions, the Secretary shall seek the endorsement described in subparagraph (A)(ii)(I) but may apply such measures without such an endorsement.
“(C) APPLICABLE HOSPITAL.—The term ‘applicable hospital’ means a subsection (d) hospital or a hospital that is paid under section 1814(b)(3).
“(D) APPLICABLE PERIOD.—The term ‘applicable period’ means, with respect to a fiscal year, such period as the Secretary shall specify for purposes of determining excess readmissions.
“(E) READMISSION.—The term ‘readmission’ means, in the case of an individual who is discharged from an applicable hospital, the admission of the individual to the same or another applicable hospital within a time period specified by the Secretary from the date of such discharge. Insofar as the discharge relates to an applicable condition for which there is an endorsed measure described in subparagraph (A)(ii)(I), such time period (such as 30 days) shall be consistent with the time period specified for such measure.
“(6) LIMITATIONS ON REVIEW.—There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of—
“(A) the determination of base operating DRG payment amounts;
“(B) the methodology for determining the adjustment factor under paragraph (3), including excess readmissions ratio under paragraph (4)(C), aggregate payments for excess readmissions under paragraph (4)(A), and aggregate payments for all discharges under paragraph (4)(B), and applicable periods and applicable conditions under paragraph (5);
“(C) the measures of readmissions as described in paragraph (5)(A)(ii); and
“(D) the determination of a targeted hospital under paragraph (8)(B)(i), the increase in payment under paragraph (8)(B)(ii), the aggregate cap under paragraph (8)(C)(i), the hospital-specific limit under paragraph (8)(C)(ii), and the form of payment made by the Secretary under paragraph (8)(D).
“(7) MONITORING INAPPROPRIATE CHANGES IN ADMISSIONS PRACTICES.—The Secretary shall monitor the activities of applicable hospitals to determine if such hospitals have taken steps to avoid patients at risk in order to reduce the likelihood of increasing readmissions for applicable conditions or taken other inappropriate steps involving readmissions or transfers. If the Secretary determines that such a hospital has taken such a step, after notice to the hospital and opportunity for the hospital to undertake action to alleviate such steps, the Secretary may impose an appropriate sanction.
“(8) ASSISTANCE TO CERTAIN HOSPITALS.—
“(A) IN GENERAL.—For purposes of providing funds to applicable hospitals to take steps described in subparagraph (E) to address factors that may impact readmissions of individuals who are discharged from such a hospital, for fiscal years beginning on or after October 1, 2011, the Secretary shall make a payment adjustment for a hospital described in subparagraph (B), with respect to each such fiscal year, by a percent estimated by the Secretary to be consistent with subparagraph (C). The Secretary shall provide priority to hospitals that serve Medicare beneficiaries at highest risk for readmission or for a poor transition from such a hospital to a post-hospital site of care.
“(B) TARGETED HOSPITALS.—Subparagraph (A) shall apply to an applicable hospital that—
“(i) had (or, in the case of an 1814(b)(3) hospital, otherwise would have had) a disproportionate patient percentage (as defined in section 1886(d)(5)(F)) of at least 30 percent, using the latest available data as estimated by the Secretary; and
“(ii) provides assurances satisfactory to the Secretary that the increase in payment under this paragraph shall be used for purposes described in subparagraph (E).
“(i) AGGREGATE CAP.—The aggregate amount of the payment adjustment under this paragraph for a fiscal year shall not exceed 5 percent of the estimated difference in the spending that would occur for such fiscal year with and without application of the adjustment factor described in paragraph (3) and applied pursuant to paragraph (1).
“(ii) HOSPITAL-SPECIFIC LIMIT.—The aggregate amount of the payment adjustment for a hospital under this paragraph shall not exceed the estimated difference in spending that would occur for such fiscal year for such hospital with and without application of the adjustment factor described in paragraph (3) and applied pursuant to paragraph (1).
“(D) FORM OF PAYMENT.—The Secretary may make the additional payments under this paragraph on a lump sum basis, a periodic basis, a claim by claim basis, or otherwise.
“(E) USE OF ADDITIONAL PAYMENT.—
“(i) IN GENERAL.—Funding under this paragraph shall be used by targeted hospitals for activities designed to address the patient noncompliance issues that result in higher than normal readmission rates, including transitional care services described in clause (ii) and any or all of the other activities described in clause (iii).
“(ii) TRANSITIONAL CARE SERVICES.—The transitional care services described in this clause are transitional care services furnished by a qualified transitional care provider, such as a nurse or other health professional, who meets relevant experience and training requirements as specified by the Secretary that support a beneficiary under this section beginning on the date of an individual’s admission to a hospital for inpatient hospital services and ending at the latest on the last day of the 90-day period beginning on the date of the individual’s discharge from the applicable hospital. The Secretary shall determine and update services to be included in transitional care services under this clause as appropriate, based on evidence of their effectiveness in reducing hospital readmissions and improving health outcomes. Such services shall include the following:
“(I) Conduct of an assessment prior to discharge, which assessment may include an assessment of the individual's physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and environmental needs, and primary caregiver needs and resources.
“(II) Development of a evidence-based plan of transitional care for the individual developed after consultation with the individual and the individual's primary caregiver and other health team members, as appropriate. Such plan shall include a list of current therapies prescribed, treatment goals and may include other items or elements as determined by the Secretary, such as identifying list of potential health risks and future services for both the individual and any primary caregiver.
“(iii) OTHER ACTIVITIES.—The other activities described in this clause are the following:
“(I) Providing other care coordination services not described under clause (ii).
“(II) Hiring translators and interpreters.
“(III) Increasing services offered by discharge planners.
“(IV) Ensuring that individuals receive a summary of care and medication orders upon discharge.
“(V) Developing a quality improvement plan to assess and remedy preventable readmission rates.
“(VI) Assigning appropriate follow-up care for discharged individuals.
“(VII) Doing other activities as determined appropriate by the Secretary.
“(F) GAO REPORT ON USE OF FUNDS.—Not later than 3 years after the date on which funds are first made available under this paragraph, the Comptroller General of the United States shall submit to Congress a report on the use of such funds. Such report shall consider information on the effective uses of such funds, how the uses of such funds affected hospital readmission rates (including at 6 months post-discharge), health outcomes and quality, reductions in expenditures under this title and the experiences of beneficiaries, primary caregivers, and providers, as well as any appropriate recommendations.”.
(b) Application to critical access hospitals.—Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended—
(A) by striking “and” at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and inserting “; and”;
(C) by inserting at the end the following new subparagraph:
“(E) the methodology for determining the adjustment factor under paragraph (5), including the determination of aggregate payments for actual and expected readmissions, applicable periods, applicable conditions and measures of readmissions.”; and
(D) by redesignating such paragraph as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph:
“(5) The adjustment factor described in section 1886(p)(3) shall apply to payments with respect to a critical access hospital with respect to a cost reporting period beginning in fiscal year 2012 and each subsequent fiscal year (after application of paragraph (4) of this subsection) in a manner similar to the manner in which such section applies with respect to a fiscal year to an applicable hospital as described in section 1886(p)(2).”.
(c) Post acute care providers.—
(A) IN GENERAL.—With respect to a readmission to an applicable hospital or a critical access hospital (as described in section 1814(l) of the Social Security Act) from a post acute care provider (as defined in paragraph (3)) and such a readmission is not governed by section 412.531 of title 42, Code of Federal Regulations, if the claim submitted by such a post-acute care provider under title XVIII of the Social Security Act indicates that the individual was readmitted to a hospital from such a post-acute care provider or admitted from home and under the care of a home health agency within 30 days of an initial discharge from an applicable hospital or critical access hospital, the payment under such title on such claim shall be the applicable percent specified in subparagraph (B) of the payment that would otherwise be made under the respective payment system under such title for such post-acute care provider if this subsection did not apply. In applying the previous sentence, the Secretary shall exclude a period of 1 day from the date the individual is first admitted to or under the care of the post-acute care provider.
(B) APPLICABLE PERCENT DEFINED.—For purposes of subparagraph (A), the applicable percent is—
(i) for fiscal or rate year 2012 is 0.996;
(ii) for fiscal or rate year 2013 is 0.993; and
(iii) for fiscal or rate year 2014 is 0.99.
(C) EFFECTIVE DATE.—Subparagraph (1) shall apply to discharges or services furnished (as the case may be with respect to the applicable post acute care provider) on or after the first day of the fiscal year or rate year, beginning on or after October 1, 2011, with respect to the applicable post acute care provider.
(2) DEVELOPMENT AND APPLICATION OF PERFORMANCE MEASURES.—
(A) IN GENERAL.—The Secretary of Health and Human Services shall develop appropriate measures of readmission rates for post acute care providers. The Secretary shall seek endorsement of such measures by the entity with a contract under section 1890(a) of the Social Security Act but may adopt and apply such measures under this paragraph without such an endorsement. The Secretary shall expand such measures in a manner similar to the manner in which applicable conditions are expanded under paragraph (5)(B) of section 1886(p) of the Social Security Act, as added by subsection (a).
(B) IMPLEMENTATION.—The Secretary shall apply, on or after October 1, 2014, with respect to post acute care providers, policies similar to the policies applied with respect to applicable hospitals and critical access hospitals under the amendments made by subsection (a). The provisions of paragraph (1) shall apply with respect to any period on or after October 1, 2014, and before such application date described in the previous sentence in the same manner as such provisions apply with respect to fiscal or rate year 2014.
(C) MONITORING AND PENALTIES.—The provisions of paragraph (7) of such section 1886(p) shall apply to providers under this paragraph in the same manner as they apply to hospitals under such section.
(3) DEFINITIONS.—For purposes of this subsection:
(A) POST ACUTE CARE PROVIDER.—The term “post acute care provider” means—
(i) a skilled nursing facility (as defined in section 1819(a) of the Social Security Act);
(ii) an inpatient rehabilitation facility (described in section 1886(h)(1)(A) of such Act);
(iii) a home health agency (as defined in section 1861(o) of such Act); and
(iv) a long term care hospital (as defined in section 1861(ccc) of such Act).
(B) OTHER TERMS .—The terms “applicable condition”, “applicable hospital”, and “readmission” have the meanings given such terms in section 1886(p)(5) of the Social Security Act, as added by subsection (a)(1).
(1) STUDY.—The Secretary of Health and Human Services shall conduct a study to determine how the readmissions policy described in the previous subsections could be applied to physicians.
(2) CONSIDERATIONS.—In conducting the study, the Secretary shall consider approaches such as—
(A) creating a new code (or codes) and payment amount (or amounts) under the fee schedule in section 1848 of the Social Security Act (in a budget neutral manner) for services furnished by an appropriate physician who sees an individual within the first week after discharge from a hospital or critical access hospital;
(B) developing measures of rates of readmission for individuals treated by physicians;
(C) applying a payment reduction for physicians who treat the patient during the initial admission that results in a readmission; and
(D) methods for attributing payments or payment reductions to the appropriate physician or physicians.
(3) REPORT.—The Secretary shall issue a public report on such study not later than the date that is one year after the date of the enactment of this Act.
(e) Funding.—For purposes of carrying out the provisions of this section, in addition to funds otherwise available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services for the Center for Medicare & Medicaid Services Program Management Account $25,000,000 for each fiscal year beginning with 2010. Amounts appropriated under this subsection for a fiscal year shall be available until expended.
(1) IN GENERAL.—The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall develop a detailed plan to reform payment for post acute care (PAC) services under the Medicare program under title XVIII of the Social Security Act (in this section referred to as the “Medicare program)”. The goals of such payment reform are to—
(A) improve the coordination, quality, and efficiency of such services; and
(B) improve outcomes for individuals such as reducing the need for readmission to hospitals from providers of such services.
(2) BUNDLING POST ACUTE SERVICES.—The plan described in paragraph (1) shall include detailed specifications for a bundled payment for post acute services (in this section referred to as the “post acute care bundle”), and may include other approaches determined appropriate by the Secretary.
(3) POST ACUTE SERVICES.—For purposes of this section, the term “post acute services” means services for which payment may be made under the Medicare program that are furnished by skilled nursing facilities, inpatient rehabilitation facilities, long term care hospitals, hospital based outpatient rehabilitation facilities and home health agencies to an individual after discharge of such individual from a hospital, and such other services determined appropriate by the Secretary.
(b) Details.—The plan described in subsection (a)(1) shall include consideration of the following issues:
(1) The nature of payments under a post acute care bundle, including the type of provider or entity to whom payment should be made, the scope of activities and services included in the bundle, whether payment for physicians’ services should be included in the bundle, and the period covered by the bundle.
(2) Whether the payment should be consolidated with the payment under the inpatient prospective system under section 1886 of the Social Security Act (in this section referred to as MS–DRGs) or a separate payment should be established for such bundle, and if a separate payment is established, whether it should be made only upon use of post acute care services or for every discharge.
(3) Whether the bundle should be applied across all categories of providers of inpatient services (including critical access hospitals) and post acute care services or whether it should be limited to certain categories of providers, services, or discharges, such as high volume or high cost MS–DRGs.
(4) The extent to which payment rates could be established to achieve offsets for efficiencies that could be expected to be achieved with a bundle payment, whether such rates should be established on a national basis or for different geographic areas, should vary according to discharge, case mix, outliers, and geographic differences in wages or other appropriate adjustments, and how to update such rates.
(5) The nature of protections needed for individuals under a system of bundled payments to ensure that individuals receive quality care, are furnished the level and amount of services needed as determined by an appropriate assessment instrument, are offered choice of provider, and the extent to which transitional care services would improve quality of care for individuals and the functioning of a bundled post-acute system.
(6) The nature of relationships that may be required between hospitals and providers of post acute care services to facilitate bundled payments, including the application of gainsharing, anti-referral, anti-kickback, and anti-trust laws.
(7) Quality measures that would be appropriate for reporting by hospitals and post acute providers (such as measures that assess changes in functional status and quality measures appropriate for each type of post acute services provider including how the reporting of such quality measures could be coordinated with other reporting of such quality measures by such providers otherwise required).
(8) How cost-sharing for a post acute care bundle should be treated relative to current rules for cost-sharing for inpatient hospital, home health, skilled nursing facility, and other services.
(9) How other programmatic issues should be treated in a post acute care bundle, including rules specific to various types of post-acute providers such as the post-acute transfer policy, three-day hospital stay to qualify for services furnished by skilled nursing facilities, and the coordination of payments and care under the Medicare program and the Medicaid program.
(10) Such other issues as the Secretary deems appropriate.
(c) Consultations and analysis.—
(1) CONSULTATION WITH STAKEHOLDERS.—In developing the plan under subsection (a)(1), the Secretary shall consult with relevant stakeholders and shall consider experience with such research studies and demonstrations that the Secretary determines appropriate.
(2) ANALYSIS AND DATA COLLECTION.—In developing such plan, the Secretary shall—
(A) analyze the issues described in subsection (b) and other issues that the Secretary determines appropriate;
(B) analyze the impacts (including geographic impacts) of post acute service reform approaches, including bundling of such services on individuals, hospitals, post acute care providers, and physicians;
(C) use existing data (such as data submitted on claims) and collect such data as the Secretary determines are appropriate to develop such plan required in this section; and
(D) if patient functional status measures are appropriate for the analysis, to the extent practical, build upon the CARE tool being developed pursuant to section 5008 of the Deficit Reduction Act of 2005.
(1) FUNDING.—For purposes of carrying out the provisions of this section, in addition to funds otherwise available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary for the Center for Medicare & Medicaid Services Program Management Account $15,000,000 for each of the fiscal years 2010 through 2012. Amounts appropriated under this paragraph for a fiscal year shall be available until expended.
(2) EXPEDITED DATA COLLECTION.—Chapter 35 of title 44, United States Code shall not apply to this section.
(1) INTERIM REPORTS.—The Secretary shall issue interim public reports on a periodic basis on the plan described in subsection (a)(1), the issues described in subsection (b), and impact analyses as the Secretary determines appropriate.
(2) FINAL REPORT.—Not later than the date that is 3 years after the date of the enactment of this Act, the Secretary shall issue a final public report on such plan, including analysis of issues described in subsection (b) and impact analyses.
(f) Conversion of Acute Care Episode Demonstration to Pilot Program and Expansion to Include Post Acute Services.—
(1) IN GENERAL.—Part E of title XVIII of the Social Security Act is amended by inserting after section 1866C the following new section:
“Conversion of Acute Care Episode Demonstration to Pilot Program and Expansion to Include Post Acute Services
“Sec. 1866D. (a) Conversion and expansion.—
“(1) IN GENERAL.—By not later than January 1, 2011, the Secretary shall, for the purpose of promoting the use of bundled payments to promote efficient, coordinated, and high quality delivery of care—
“(A) convert the acute care episode demonstration program conducted under section 1866C to a pilot program; and
“(B) subject to subsection (c), expand such program as so converted to include post acute services and such other services the Secretary determines to be appropriate, which may include transitional services.
“(2) BUNDLED PAYMENT STRUCTURES.—
“(A) IN GENERAL.—In carrying out paragraph (1), the Secretary may apply bundled payments with respect to—
“(i) hospitals and physicians;
“(ii) hospitals and post-acute care providers;
“(iii) hospitals, physicians, and post-acute care providers; or
“(iv) combinations of post-acute providers.
“(i) IN GENERAL.—In carrying out paragraph (1), the Secretary shall apply bundled payments in a manner so as to include collaborative care networks and continuing care hospitals.
“(ii) COLLABORATIVE CARE NETWORK DEFINED.—For purposes of this subparagraph, the term ‘collaborative care network’ means a consortium of health care providers that provides a comprehensive range of coordinated and integrated health care services to low-income patient populations (including the uninsured) which may include coordinated and comprehensive care by safety net providers to reduce any unnecessary use of items and services furnished in emergency departments, manage chronic conditions, improve quality and efficiency of care, increase preventive services, and promote adherence to post-acute and follow-up care plans.
“(iii) CONTINUING CARE HOSPITAL DEFINED.—For purposes of this subparagraph, the term ‘continuing care hospital’ means an entity that has demonstrated the ability to meet patient care and patient safety standards and that provides under common management the medical and rehabilitation services provided in inpatient rehabilitation hospitals and units (as defined in section 1886(d)(1)(B)(ii)), long-term care hospitals (as defined in section 1886(d)(1)(B)(iv)(I)), and skilled nursing facilities (as defined in section 1819(a)) that are located in a hospital described in section 1886(d).
(2) CONFORMING AMENDMENT.—Section 1866C(b) of the Social Security Act (42 U.S.C. 1395cc–3(b)) is amended by striking “The Secretary” and inserting “Subject to section 1866D, the Secretary”.
Section 1895(b)(3)(B)(ii) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(B)(ii)) is amended—
(1) in subclause (IV), by striking “and”;
(2) by redesignating subclause (V) as subclause (VII); and
(3) by inserting after subclause (IV) the following new subclauses:
(a) Acceleration of adjustment for case mix changes.—Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(B)) is amended—
(1) in clause (iv), by striking “Insofar as” and inserting “Subject to clause (vi), insofar as”; and
(2) by adding at the end the following new clause:
“(vi) SPECIAL RULE FOR CASE MIX CHANGES FOR 2011.—
“(I) IN GENERAL.—With respect to the case mix adjustments established in section 484.220(a) of title 42, Code of Federal Regulations, the Secretary shall apply, in 2010, the adjustment established in paragraph (3) of such section for 2011, in addition to applying the adjustment established in paragraph (2) for 2010.
“(II) CONSTRUCTION.—Nothing in this clause shall be construed as limiting the amount of adjustment for case mix for 2010 or 2011 if more recent data indicate an appropriate adjustment that is greater than the amount established in the section described in subclause (I).”.
(b) Rebasing home health prospective payment amount.—Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended—
(A) in subclause (III), by inserting “and before 2011” after “after the period described in subclause (II)”; and
(B) by inserting after subclause (III) the following new subclauses:
“(IV) Subject to clause (iii)(I), for 2011, such amount (or amounts) shall be adjusted by a uniform percentage determined to be appropriate by the Secretary based on analysis of factors such as changes in the average number and types of visits in an episode, the change in intensity of visits in an episode, growth in cost per episode, and other factors that the Secretary considers to be relevant.
“(V) Subject to clause (iii)(II), for a year after 2011, such a amount (or amounts) shall be equal to the amount (or amounts) determined under this clause for the previous year, updated under subparagraph (B).”; and
(2) by adding at the end the following new clause:
“(iii) SPECIAL RULE IN CASE OF INABILITY TO EFFECT TIMELY REBASING.—
“(I) APPLICATION OF PROXY AMOUNT FOR 2011.—If the Secretary is not able to compute the amount (or amounts) under clause (i)(IV) so as to permit, on a timely basis, the application of such clause for 2011, the Secretary shall substitute for such amount (or amounts) 95 percent of the amount (or amounts) that would otherwise be specified under clause (i)(III) if it applied for 2011.
“(II) ADJUSTMENT FOR SUBSEQUENT YEARS BASED ON DATA.—If the Secretary applies subclause (I), the Secretary before July 1, 2011, shall compare the amount (or amounts) applied under such subclause with the amount (or amounts) that should have been applied under clause (i)(IV). The Secretary shall decrease or increase the prospective payment amount (or amounts) under clause (i)(V) for 2012 (or, at the Secretary’s discretion, over a period of several years beginning with 2012) by the amount (if any) by which the amount (or amounts) applied under subclause (I) is greater or less, respectively, than the amount (or amounts) that should have been applied under clause (i)(IV).”.
(a) In general.—Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(B)) is amended—
(1) in clause (iii), by inserting “(including being subject to the productivity adjustment described in section 1886(b)(3)(B)(iii)(II))” after “in the same manner”; and
(2) in clause (v)(I), by inserting “(but not below 0)” after “reduced”.
(b) Effective date.—The amendments made by subsection (a) shall apply to home health market basket percentage increases for years beginning with 2011.
(a) In general.—The Medicare Payment Advisory Commission shall conduct a study regarding variation in performance of home health agencies in an effort to explain variation in Medicare margins for such agencies. Such study shall include an examination of at least the following issues:
(1) The demographic characteristics of individuals served and the geographic distribution associated with transportation costs.
(2) The characteristics of such agencies, such as whether such agencies operate 24 hours each day, provide charity care, or are part of an integrated health system.
(3) The socio-economic status of individuals served, such as the proportion of such individuals who are dually eligible for Medicare and Medicaid benefits.
(4) The presence of severe and or chronic disease or disability in individuals served, as evidenced by multiple discontinuous home health episodes with a high number of visits per episode.
(5) The differences in services provided, such as therapy and non-therapy services.
(b) Report.—Not later than June 1, 2011, the Commission shall submit a report to the Congress on the results of the study conducted under subsection (a) and shall include in the report the Commission’s conclusions and recommendations, if appropriate, regarding each of the issues described in paragraphs (1), (2) and (3) of such subsection.
(a) In general.—Notwithstanding section 484.55(a)(2) of title 42 of the Code of Federal Regulations or any other provision of law, a home health agency may determine the most appropriate skilled therapist to make the initial assessment visit for an individual who is referred (and may be eligible) for home health services under title XVIII of the Social Security Act but who does not require skilled nursing care as long as the skilled service (for which that therapist is qualified to provide the service) is included as part of the plan of care for home health services for such individual.
(b) Rule of construction.—Nothing in subsection (a) shall be construed to provide for initial eligibility for coverage of home health services under title XVIII of the Social Security Act on the basis of a need for occupational therapy.
(a) In general.—Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended—
(A) in subparagraph (A), by striking “and” at the end;
(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new subparagraph:
“(C) in the case where the entity is a hospital, the hospital meets the requirements of paragraph (3)(D).”;
(A) in subparagraph (B), by striking “and” at the end;
(B) in subparagraph (C), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new subparagraph:
“(D) the hospital meets the requirements described in subsection (i)(1).”;
(3) by amending subsection (f) to read as follows: “(f) Reporting and disclosure requirements.— “(1) IN GENERAL.—Each entity providing covered items or services for which payment may be made under this title shall provide the Secretary with the information concerning the entity's ownership, investment, and compensation arrangements, including— “(A) the covered items and services provided by the entity, and “(B) the names and unique physician identification numbers of all physicians with an ownership or investment interest (as described in subsection (a)(2)(A)), or with a compensation arrangement (as described in subsection (a)(2)(B)), in the entity, or whose immediate relatives have such an ownership or investment interest or who have such a compensation relationship with the entity. Such information shall be provided in such form, manner, and at such times as the Secretary shall specify. The requirement of this subsection shall not apply to designated health services provided outside the United States or to entities which the Secretary determines provide services for which payment may be made under this title very infrequently.
“(2) REQUIREMENTS FOR HOSPITALS WITH PHYSICIAN OWNERSHIP OR INVESTMENT.—In the case of a hospital that meets the requirements described in subsection (i)(1), the hospital shall—
“(A) submit to the Secretary an initial report, and periodic updates at a frequency determined by the Secretary, containing a detailed description of the identity of each physician owner and physician investor and any other owners or investors of the hospital;
“(B) require that any referring physician owner or investor discloses to the individual being referred, by a time that permits the individual to make a meaningful decision regarding the receipt of services, as determined by the Secretary, the ownership or investment interest, as applicable, of such referring physician in the hospital; and
“(C) disclose the fact that the hospital is partially or wholly owned by one or more physicians or has one or more physician investors—
“(i) on any public website for the hospital; and
“(ii) in any public advertising for the hospital.
The information to be reported or disclosed under this paragraph shall be provided in such form, manner, and at such times as the Secretary shall specify. The requirements of this paragraph shall not apply to designated health services furnished outside the United States or to entities which the Secretary determines provide services for which payment may be made under this title very infrequently.
“(3) PUBLICATION OF INFORMATION.—The Secretary shall publish, and periodically update, the information submitted by hospitals under paragraph (2)(A) on the public Internet website of the Centers for Medicare & Medicaid Services.”;
(4) by amending subsection (g)(5) to read as follows:
“(5) FAILURE TO REPORT OR DISCLOSE INFORMATION.—
“(A) REPORTING.—Any person who is required, but fails, to meet a reporting requirement of paragraphs (1) and (2)(A) of subsection (f) is subject to a civil money penalty of not more than $10,000 for each day for which reporting is required to have been made.
“(B) DISCLOSURE.—Any physician who is required, but fails, to meet a disclosure requirement of subsection (f)(2)(B) or a hospital that is required, but fails, to meet a disclosure requirement of subsection (f)(2)(C) is subject to a civil money penalty of not more than $10,000 for each case in which disclosure is required to have been made.
“(C) APPLICATION.—The provisions of section 1128A (other than the first sentence of subsection (a) and other than subsection (b)) shall apply to a civil money penalty under subparagraphs (A) and (B) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).”; and
(5) by adding at the end the following new subsection: “(i) Requirements to qualify for rural provider and hospital ownership exceptions to self-referral prohibition.— “(1) REQUIREMENTS DESCRIBED.—For purposes of subsection (d)(3)(D), the requirements described in this paragraph are as follows: “(A) PROVIDER AGREEMENT.—The hospital had— “(i) physician ownership or investment on January 1, 2009; and “(ii) a provider agreement under section 1866 in effect on such date.
“(B) PROHIBITION ON PHYSICIAN OWNERSHIP OR INVESTMENT.—The percentage of the total value of the ownership or investment interests held in the hospital, or in an entity whose assets include the hospital, by physician owners or investors in the aggregate does not exceed such percentage as of the date of enactment of this subsection.
“(C) PROHIBITION ON EXPANSION OF FACILITY CAPACITY.—Except as provided in paragraph (2), the number of operating rooms, procedure rooms, or beds of the hospital at any time on or after the date of the enactment of this subsection are no greater than the number of operating rooms, procedure rooms, or beds, respectively, as of such date.
“(D) ENSURING BONA FIDE OWNERSHIP AND INVESTMENT.—
“(i) Any ownership or investment interests that the hospital offers to a physician are not offered on more favorable terms than the terms offered to a person who is not in a position to refer patients or otherwise generate business for the hospital.
“(ii) The hospital (or any investors in the hospital) does not directly or indirectly provide loans or financing for any physician owner or investor in the hospital.
“(iii) The hospital (or any investors in the hospital) does not directly or indirectly guarantee a loan, make a payment toward a loan, or otherwise subsidize a loan, for any physician owner or investor or group of physician owners or investors that is related to acquiring any ownership or investment interest in the hospital.
“(iv) Ownership or investment returns are distributed to each owner or investor in the hospital in an amount that is directly proportional to the ownership or investment interest of such owner or investor in the hospital.
“(v) The investment interest of the owner or investor is directly proportional to the owner’s or investor’s capital contributions made at the time the ownership or investment interest is obtained.
“(vi) Physician owners and investors do not receive, directly or indirectly, any guaranteed receipt of or right to purchase other business interests related to the hospital, including the purchase or lease of any property under the control of other owners or investors in the hospital or located near the premises of the hospital.
“(vii) The hospital does not offer a physician owner or investor the opportunity to purchase or lease any property under the control of the hospital or any other owner or investor in the hospital on more favorable terms than the terms offered to a person that is not a physician owner or investor.
“(viii) The hospital does not condition any physician ownership or investment interests either directly or indirectly on the physician owner or investor making or influencing referrals to the hospital or otherwise generating business for the hospital.
“(E) PATIENT SAFETY.—In the case of a hospital that does not offer emergency services, the hospital has the capacity to—
“(i) provide assessment and initial treatment for medical emergencies; and
“(ii) if the hospital lacks additional capabilities required to treat the emergency involved, refer and transfer the patient with the medical emergency to a hospital with the required capability.
“(F) LIMITATION ON APPLICATION TO CERTAIN CONVERTED FACILITIES.—The hospital was not converted from an ambulatory surgical center to a hospital on or after the date of enactment of this subsection.
“(2) EXCEPTION TO PROHIBITION ON EXPANSION OF FACILITY CAPACITY.—
“(i) ESTABLISHMENT.—The Secretary shall establish and implement a process under which a hospital may apply for an exception from the requirement under paragraph (1)(C).
“(ii) OPPORTUNITY FOR COMMUNITY INPUT.—The process under clause (i) shall provide persons and entities in the community in which the hospital applying for an exception is located with the opportunity to provide input with respect to the application.
“(iii) TIMING FOR IMPLEMENTATION.—The Secretary shall implement the process under clause (i) on the date that is one month after the promulgation of regulations described in clause (iv).
“(iv) REGULATIONS.—Not later than the first day of the month beginning 18 months after the date of the enactment of this subsection, the Secretary shall promulgate regulations to carry out the process under clause (i). The Secretary may issue such regulations as interim final regulations.
“(B) FREQUENCY.—The process described in subparagraph (A) shall permit a hospital to apply for an exception up to once every 2 years.
“(i) IN GENERAL.—Subject to clause (ii) and subparagraph (D), a hospital granted an exception under the process described in subparagraph (A) may increase the number of operating rooms, procedure rooms, or beds of the hospital above the baseline number of operating rooms, procedure rooms, or beds, respectively, of the hospital (or, if the hospital has been granted a previous exception under this paragraph, above the number of operating rooms, procedure rooms, or beds, respectively, of the hospital after the application of the most recent increase under such an exception).
“(ii) 100 PERCENT INCREASE LIMITATION.—The Secretary shall not permit an increase in the number of operating rooms, procedure rooms, or beds of a hospital under clause (i) to the extent such increase would result in the number of operating rooms, procedure rooms, or beds of the hospital exceeding 200 percent of the baseline number of operating rooms, procedure rooms, or beds of the hospital.
“(iii) BASELINE NUMBER OF OPERATING ROOMS, PROCEDURE ROOMS, OR BEDS.—In this paragraph, the term ‘baseline number of operating rooms, procedure rooms, or beds’ means the number of operating rooms, procedure rooms, or beds of a hospital as of the date of enactment of this subsection.
“(D) INCREASE LIMITED TO FACILITIES ON THE MAIN CAMPUS OF THE HOSPITAL.—Any increase in the number of operating rooms, procedure rooms, or beds of a hospital pursuant to this paragraph may only occur in facilities on the main campus of the hospital.
“(E) CONDITIONS FOR APPROVAL OF AN INCREASE IN FACILITY CAPACITY.—The Secretary may grant an exception under the process described in subparagraph (A) only to a hospital—
“(i) that is located in a county in which the percentage increase in the population during the most recent 5-year period for which data are available is estimated to be at least 150 percent of the percentage increase in the population growth of the State in which the hospital is located during that period, as estimated by Bureau of the Census and available to the Secretary;
“(ii) whose annual percent of total inpatient admissions that represent inpatient admissions under the program under title XIX is estimated to be equal to or greater than the average percent with respect to such admissions for all hospitals located in the county in which the hospital is located;
“(iii) that does not discriminate against beneficiaries of Federal health care programs and does not permit physicians practicing at the hospital to discriminate against such beneficiaries;
“(iv) that is located in a State in which the average bed capacity in the State is estimated to be less than the national average bed capacity;
“(v) that has an average bed occupancy rate that is estimated to be greater than the average bed occupancy rate in the State in which the hospital is located; and
“(vi) that meets other conditions as determined by the Secretary.
“(F) PROCEDURE ROOMS.—In this subsection, the term ‘procedure rooms’ includes rooms in which catheterizations, angiographies, angiograms, and endoscopies are furnished, but such term shall not include emergency rooms or departments (except for rooms in which catheterizations, angiographies, angiograms, and endoscopies are furnished).
“(G) PUBLICATION OF FINAL DECISIONS.—Not later than 120 days after receiving a complete application under this paragraph, the Secretary shall publish on the public Internet website of the Centers for Medicare & Medicaid Services the final decision with respect to such application.
“(H) LIMITATION ON REVIEW.—There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the exception process under this paragraph, including the establishment of such process, and any determination made under such process.
“(3) PHYSICIAN OWNER OR INVESTOR DEFINED.—For purposes of this subsection and subsection (f)(2), the term ‘physician owner or investor’ means a physician (or an immediate family member of such physician) with a direct or an indirect ownership or investment interest in the hospital.
“(4) PATIENT SAFETY REQUIREMENT.—In the case of a hospital to which the requirements of paragraph (1) apply, insofar as the hospital admits a patient and does not have any physician available on the premises 24 hours per day, 7 days per week, before admitting the patient—
“(A) the hospital shall disclose such fact to the patient; and
“(B) following such disclosure, the hospital shall receive from the patient a signed acknowledgment that the patient understands such fact.
“(5) CLARIFICATION.—Nothing in this subsection shall be construed as preventing the Secretary from terminating a hospital’s provider agreement if the hospital is not in compliance with regulations pursuant to section 1866.”.
(b) Verifying compliance.—The Secretary of Health and Human Services shall establish policies and procedures to verify compliance with the requirements described in subsections (i)(1) and (i)(4) of section 1877 of the Social Security Act, as added by subsection (a)(5). The Secretary may use unannounced site reviews of hospitals and audits to verify compliance with such requirements.
(1) FUNDING.—For purposes of carrying out the amendments made by subsection (a) and the provisions of subsection (b), in addition to funds otherwise available, out of any funds in the Treasury not otherwise appropriated there are appropriated to the Secretary of Health and Human Services for the Centers for Medicare & Medicaid Services Program Management Account $5,000,000 for each fiscal year beginning with fiscal year 2010. Amounts appropriated under this paragraph for a fiscal year shall be available until expended.
(2) ADMINISTRATION.—Chapter 35 of title 44, United States Code, shall not apply to the amendments made by subsection (a) and the provisions of subsection (b).
(a) In general.—The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine of the National Academy of Science to conduct a comprehensive empirical study, and provide recommendations as appropriate, on the accuracy of the geographic adjustment factors established under sections 1848(e) and 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395w–4(e), 1395ww(d)(3)(E)).
(b) Matters included.—Such study shall include an evaluation and assessment of the following with respect to such adjustment factors:
(1) Empirical validity of the adjustment factors.
(2) Methodology used to determine the adjustment factors.
(3) Measures used for the adjustment factors, taking into account—
(A) timeliness of data and frequency of revisions to such data;
(B) sources of data and the degree to which such data are representative of costs; and
(C) operational costs of providers who participate in Medicare.
(c) Evaluation.—Such study shall, within the context of the United States health care marketplace, evaluate and consider the following:
(1) The effect of the adjustment factors on the level and distribution of the health care workforce and resources, including—
(A) recruitment and retention that takes into account workforce mobility between urban and rural areas;
(B) ability of hospitals and other facilities to maintain an adequate and skilled workforce; and
(C) patient access to providers and needed medical technologies.
(2) The effect of the adjustment factors on population health and quality of care.
(3) The effect of the adjustment factors on the ability of providers to furnish efficient, high value care.
(d) Report.—The contract under subsection (a) shall provide for the Institute of Medicine to submit, not later than 1 year after the date of the enactment of this Act, to the Secretary and the Congress a report containing results and recommendations of the study conducted under this section.
(e) Funding.—There are authorized to be appropriated to carry out this section such sums as may be necessary.
(a) Revision of Medicare Payment Systems.—Taking into account the recommendations described in the report under section 1157, and notwithstanding the geographic adjustments that would otherwise apply under section 1848(e) and section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395w–4(e), 1395ww(d)(3)(E)), the Secretary of Health and Human Services shall include in proposed rules applicable to the rulemaking cycle for payment systems for physicians’ services and inpatient hospital services under sections 1848 and section 1886(d) of such Act, respectively, proposals (as the Secretary determines to be appropriate) to revise the geographic adjustment factors used in such systems. Such proposals’ rules shall be contained in the next rulemaking cycle following the submission to the Secretary of the report described in section 1157.
(1) FUNDING FOR IMPROVEMENTS.—For years before 2014, the Secretary shall ensure that the additional expenditures resulting from the implementation of the provisions of this section, as estimated by the Secretary, do not exceed $8,000,000,000, and do not exceed half of such amount in any payment year.
(2) HOLD HARMLESS.—In carrying out this subsection—
(A) for payment years before 2014, the Secretary shall not reduce the geographic adjustment below the factor that applied for such payment system in the payment year before such changes; and
(B) for payment years beginning with 2014, the Secretary shall implement the geographic adjustment in a manner that does not result in any net change in aggregate expenditures under title XVIII of the Social Security Act from the amount of such expenditures that the Secretary estimates would have occurred if no geographic adjustment had occurred under this section.
(c) Medicare Improvement Fund.—
(1) Amounts in the Medicare Improvement Fund under section 1898 of the Social Security Act, as amended by paragraph (2), shall be available to the Secretary to make changes to the geographic adjustments factors as described in subsections (a) and (b) with respect to services furnished before January 1, 2014. No more than one-half of such amounts shall be available with respect to services furnished in any one payment year.
(2) Section 1898(b) of the Social Security Act (42 U.S.C. 1395iii(b)) is amended—
(A) by amending paragraph (1)(A) to read as follows:
“(A) the period beginning with fiscal year 2011 and ending with fiscal year 2019, $8,000,000,000; and”; and
(B) by adding at the end the following new paragraph:
“(5) ADJUSTMENT FOR UNDERFUNDING.—For fiscal year 2014 or a subsequent fiscal year specified by the Secretary, the amount available to the fund under subsection (a) shall be increased by the Secretary’s estimate of the amount (based on data on actual expenditures) by which—
“(A) the additional expenditures resulting from the implementation of subsection (a) of section 1158 of the Affordable Health Care for America Act for the period before fiscal year 2014, is less than
“(B) the maximum amount of funds available under subsection (a) of such section for funding for such expenditures.”.
(a) In general.—The Secretary of Health and Human Services (in this section and the succeeding section referred to as the “Secretary”) shall enter into an agreement with the Institute of Medicine of the National Academies (referred to in this section as the “Institute”) to conduct a study on geographic variation and growth in volume and intensity of services in per capita health care spending among the Medicare, Medicaid, privately insured and uninsured populations. Such study may draw on recent relevant reports of the Institute and shall include each of the following:
(1) An evaluation of the extent and range of such variation using various units of geographic measurement, including micro areas within larger areas.
(2) An evaluation of the extent to which geographic variation can be attributed to differences in input prices; health status; practice patterns; access to medical services; supply of medical services; socio-economic factors, including race, ethnicity, gender, age, income and educational status; and provider and payer organizational models.
(3) An evaluation of the extent to which variations in spending are correlated with patient access to care, insurance status, distribution of health care resources, health care outcomes, and consensus-based measures of health care quality.
(4) An evaluation of the extent to which variation can be attributed to physician and practitioner discretion in making treatment decisions, and the degree to which discretionary treatment decisions are made that could be characterized as different from the best available medical evidence.
(5) An evaluation of the extent to which variation can be attributed to patient preferences and patient compliance with treatment protocols.
(6) An assessment of the degree to which variation cannot be explained by empirical evidence.
(7) For Medicare beneficiaries, An evaluation of the extent to which variations in spending are correlated with insurance status prior to enrollment in the Medicare program under title XVIII of the Social Security Act, and institutionalization status; whether beneficiaries are dually eligible for the Medicare program and Medicaid under title XIX of such Act; and whether beneficiaries are enrolled in fee-for-service Medicare or Medicare Advantage.
(8) An evaluation of such other factors as the Institute deems appropriate.
The Institute shall conduct public hearings and provide an opportunity for comments prior to completion of the reports under subsection (e).(b) Recommendations.—Taking into account the findings under subsection (a) and the changes to the payment systems made by this Act, the Institute shall recommend changes to payment for items and services under parts A and B of title XVIII of the Social Security Act, for addressing variation in Medicare per capita spending for items and services (not including add-ons for graduate medical education, disproportionate share payments, and health information technology, as specified in sections 1886(d)(5)(F), 1886(d)(5)(B), 1886(h), 1848(o), and 1886(n), respectively, of such Act) by promoting high-value care (as defined in subsection (f)), with particular attention to high-volume, high-cost conditions. In making such recommendations, the Institute shall consider each of the following:
(1) Measurement and reporting on quality and population health.
(2) Reducing fragmented and duplicative care.
(3) Promoting the practice of evidence-based medicine.
(4) Empowering patients to make value-based care decisions.
(5) Leveraging the use of health information technology.
(6) The role of financial and other incentives affecting provision of care.
(7) Variation in input costs.
(8) The characteristics of the patient population, including socio-economic factors (including race, ethnicity, gender, age, income and educational status), and whether the beneficiaries are dually eligible for the Medicare program under title XVIII of the Social Security Act and Medicaid under title XIX of such Act.
(9) Other topics the Institute deems appropriate.
In making such recommendations, the Institute shall consider an appropriate phase-in that takes into account the impact of payment changes on providers and facilities and preserves access to care for Medicare beneficiaries.(c) Specific considerations.—In making the recommendations under subsection (b), the Institute shall specifically address whether payment systems under title XVIII of the Social Security Act for physicians and hospitals should be further modified to incentivize high-value care. In so doing, the Institute shall consider the adoption of a value index based on a composite of appropriate measures of quality and cost that would adjust provider payments on a regional or provider-level basis. If the Institute finds that application of such a value index would significantly incentivize providers to furnish high-value care, it shall make specific recommendations on how such an index would be designed and implemented. In so doing, it should identify specific measures of quality and cost appropriate for use in such an index, and include a thorough analysis (including on a geographic basis) of how payments and spending under such title would be affected by such an index.
(d) Additional considerations.—The Institute shall consider the experience of governmental and community-based programs that promote high-value care.
(1) Not later than April 15, 2011, the Institute shall submit to the Secretary and each House of Congress a report containing findings and recommendations of the study conducted under this section.
(2) Following submission of the report under paragraph (1), the Institute shall use the data collected and analyzed in this section to issue a subsequent report, or series of reports, on how best to address geographic variation or efforts to promote high-value care for items and services reimbursed by private insurance or other programs. Such reports shall include a comparison to the Institute’s findings and recommendations regarding the Medicare program. Such reports, and any recommendations, would not be subject to the procedures outlined in section 1160.
(f) High-value care defined.—For purposes of this section, the term “high-value care” means the efficient delivery of high quality, evidence-based, patient-centered care.
(g) Appropriations.—There is appropriated from amounts in the general fund of the Treasury not otherwise appropriated $10,000,000 to carry out this section. Such sums are authorized to remain available until expended.
(a) Preparation and submission of implementation plans.—
(1) FINAL IMPLEMENTATION PLAN.—Not later than 240 days after the date of receipt by the Secretary and each House of Congress of the report under section 1159(e)(1), the Secretary shall submit to each House of Congress a final implementation plan describing proposed changes to payment for items and services under parts A and B of title XVIII of the Social Security Act (which may include payment for inpatient and outpatient hospital services for services furnished in PPS and PPS-exempt hospitals, physicians’ services, dialysis facility services, skilled nursing facility services, home health services, hospice care, clinical laboratory services, durable medical equipment, and other items and services, but which shall exclude add-on payments for graduate medical education, disproportionate share payments, and health information technology, as specified in sections 1886(d)(5)(F), 1886(d)(5)(B), 1886(h), 1848(o), and 1886(n), respectively, of the Social Security Act) taking into consideration, as appropriate, the recommendations of the report submitted under section 1159(e)(1) and the changes to the payment systems made by this Act. To the extent such implementation plan requires a substantial change to the payment system, it shall include a transition phase-in that takes into consideration possible disruption to provider participation in the Medicare program under title XVIII of the Social Security Act and preserves access to care for Medicare beneficiaries.
(2) PRELIMINARY IMPLEMENTATION PLAN.—Not later than 90 days after the date the Institute of Medicine submits to each House of Congress the report under section 1159(e)(1), the Secretary shall submit to each House of Congress a preliminary version of the implementation plan provided for under paragraph (1)(A).
(3) NO INCREASE IN BUDGET EXPENDITURES.—The Secretary shall include with the submission of the final implementation plan under paragraph (1) a certification by the Chief Actuary of the Centers for Medicare & Medicaid Services that over the initial 10-year period in which the plan is implemented, the aggregate level of net expenditures under the Medicare program under title XVIII of the Social Security Act will not exceed the aggregate level of such expenditures that would have occurred if the plan were not implemented.
(4) WAIVERS REQUIRED.—To the extent the final implementation plan under paragraph (1) proposes changes that are not otherwise permitted under title XVIII of the Social Security Act, the Secretary shall specify in the plan the specific waivers required under such title to implement such changes. Except as provided in subsection (c), the Secretary is authorized to waive the requirements so specified in order to implement such changes.
(5) ASSESSMENT OF IMPACT.—In addition, both the preliminary and final implementation plans under this subsection shall include a detailed assessment of the effects of the proposed payment changes by provider or supplier type and State relative to the payments that would otherwise apply.
(b) Review by MedPAC and GAO.—Not later than 45 days after the date the preliminary implementation plan is received by each House of Congress under subsection (a)(2), the Medicare Payment Advisory Committee and the Comptroller General of the United States shall each evaluate such plan and submit to each House of Congress a report containing its analysis and recommendations regarding implementation of the plan, including an analysis of the effects of the proposed changes in the plan on payments and projected spending.
(1) IN GENERAL.—The Secretary shall include, in applicable proposed rules for the next rulemaking cycle beginning after the Congressional action deadline, appropriate proposals to revise payments under title XVIII of the Social Security Act in accordance with the final implementation plan submitted under subsection (a)(1), and the waivers specified in subsection (a)(4) to the extent required to carry out such plan are effective, unless a joint resolution (described in subsection (d)(5)(A)) with respect to such plan is enacted by not later than such deadline. If such a joint resolution is enacted, the Secretary is not authorized to implement such plan and the waiver authority provided under subsection (a)(4) shall no longer be effective.
(2) CONGRESSIONAL ACTION DEADLINE.—For purposes of this section, the term “Congressional action deadline” means, with respect to a final implementation plan under subsection (a)(1), May 31, 2012, or, if later, the date that is 145 days after the date of receipt of such plan by each House of Congress under subsection (a).
(d) Congressional procedures.—
(1) INTRODUCTION.—On the day on which the final implementation plan is received by the House of Representatives and the Senate under subsection (a), a joint resolution specified in paragraph (5)(A) shall be introduced in the House of Representatives by the majority leader and minority leader of the House of Representatives and in the Senate by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such a plan is received, the joint resolution with respect to such plan shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session.
(2) CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.—
(A) REPORTING AND DISCHARGE.—Any committee of the House of Representatives to which a joint resolution introduced under paragraph (1) is referred shall report such joint resolution to the House not later than 50 legislative days after the applicable date of introduction of the joint resolution. If a committee fails to report such joint resolution within that period, a motion to discharge the committee from further consideration of the joint resolution shall be in order. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to offer the motion. Notice may not be given on an anticipatory basis. Such a motion shall not be in order after the last committee authorized to consider the joint resolution reports it to the House or after the House has disposed of a motion to discharge the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(B) PROCEEDING TO CONSIDERATION.—After each committee authorized to consider a joint resolution reports such joint resolution to the House of Representatives or has been discharged from its consideration, a motion to proceed to consider such joint resolution shall be in order. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to offer the motion. Notice may not be given on an anticipatory basis. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(C) CONSIDERATION.—The joint resolution shall be considered in the House and shall be considered as read. All points of order against a joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of a joint resolution shall not be in order.
(3) CONSIDERATION IN THE SENATE.—
(A) REPORTING AND DISCHARGE.—Any committee of the Senate to which a joint resolution introduced under paragraph (1) is referred shall report such joint resolution to the Senate within 50 legislative days. If a committee fails to report such joint resolution at the close of the 15th legislative day after its receipt by the Senate, such committee shall be automatically discharged from further consideration of such joint resolution and such joint resolution or joint resolutions shall be placed on the calendar. A vote on final passage of such joint resolution shall be taken in the Senate on or before the close of the second legislative day after such joint resolution is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such joint resolution.
(B) PROCEEDING TO CONSIDERATION.—A motion in the Senate to proceed to the consideration of a joint resolution shall be privileged and not debatable. An amendment to such a motion shall not be in order, nor shall it be in order to move to reconsider the vote by which such a motion is agreed to or disagreed to.
(i) Debate in the Senate on a joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(ii) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or a designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(iii) A motion in the Senate to further limit debate is not debatable. A motion to recommit a joint resolution is not in order.
(4) RULES RELATING TO SENATE AND HOUSE OF REPRESENTATIVES.—
(A) COORDINATION WITH ACTION BY OTHER HOUSE.—If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply:
(i) The joint resolution of the other House shall not be referred to a committee.
(ii) With respect to the joint resolution of the House receiving the resolution, the procedure in that House shall be the same as if no such joint resolution had been received from the other House; but the vote on passage shall be on the joint resolution of the other House.
(B) TREATMENT OF COMPANION MEASURES.—If, following passage of a joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable.
(C) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This paragraph and the preceding paragraphs are enacted by Congress—
(i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
(5) DEFINITIONS.—In this section:
(A) JOINT RESOLUTION.—The term “joint resolution” means only a joint resolution—
(i) which does not have a preamble;
(ii) the title of which is as follows: “Joint resolution disapproving a Medicare final implementation plan of the Secretary of Health and Human Services submitted under section 1160(a) of the Affordable Health Care for America Act”; and
(iii) the sole matter after the resolving clause of which is as follows: “That the Congress disapproves the final implementation plan of the Secretary of Health and Human Services transmitted to the Congress on—————.”, the blank space being filled with the appropriate date.
(B) LEGISLATIVE DAY.—The term “legislative day” means any calendar day excluding any day on which that House was not in session.
(6) BUDGETARY TREATMENT.—For the purposes of consideration of a joint resolution, the Chairmen of the House of Representatives and Senate Committees on the Budget shall exclude from the evaluation of the budgetary effects of the measure, any such effects that are directly attributable to disapproving a Medicare final implementation plan of the Secretary submitted under subsection (a).
(a) Phase-in of payment based on fee-for-service costs.—Section 1853 of the Social Security Act (42 U.S.C. 1395w–23) is amended—
(A) by striking “beginning with 2007” and inserting “for 2007, 2008, 2009, and 2010”; and
(B) by inserting after “(k)(1)” the following: “, or, beginning with 2011, 1⁄12 of the blended benchmark amount determined under subsection (n)(1)”; and
(2) by adding at the end the following new subsection: “(n) Determination of blended benchmark amount.— “(1) IN GENERAL.—For purposes of subsection (j), subject to paragraphs (3) and (4), the term ‘blended benchmark amount’ means for an area— “(i) 2⁄3 of the applicable amount (as defined in subsection (k)) for the area and year; and “(ii) 1⁄3 of the amount specified in paragraph (2) for the area and year;
“(i) 1⁄3 of the applicable amount for the area and year; and
“(ii) 2⁄3 of the amount specified in paragraph (2) for the area and year; and
“(C) for a subsequent year the amount specified in paragraph (2) for the area and year.
“(2) SPECIFIED AMOUNT.—The amount specified in this paragraph for an area and year is the amount specified in subsection (c)(1)(D)(i) for the area and year adjusted (in a manner specified by the Secretary) to take into account the phase-out in the indirect costs of medical education from capitation rates described in subsection (k)(4).
“(3) FEE-FOR-SERVICE PAYMENT FLOOR.—In no case shall the blended benchmark amount for an area and year be less than the amount specified in paragraph (2).
“(4) EXCEPTION FOR PACE PLANS.—This subsection shall not apply to payments to a PACE program under section 1894.”.
(b) Quality bonus payments.—Section 1853 of the Social Security Act (42 U.S.C. 1395w-23), as amended by subsection (a), is amended—
(1) in subsection (j), by inserting “subject to subsection (o),” after “For purposes of this part,”; and
(2) by adding at the end the following new subsection: “(o) Quality based payment adjustment.— “(1) IN GENERAL.—In the case of a qualifying plan in a qualifying county with respect to a year beginning with 2011, the blended benchmark amount under subsection (n)(1) shall be increased— “(A) for 2011, by 1.5 percent; “(B) for 2012, by 3.0 percent; and “(C) for a subsequent year, by 5.0 percent.
“(2) QUALIFYING PLAN AND QUALIFYING COUNTY DEFINED.—For purposes of this subsection:
“(A) QUALIFYING PLAN.—The term ‘qualifying plan’ means, for a year and subject to paragraph (4), a plan that, in a preceding year specified by the Secretary, had a quality ranking (based on the quality ranking system established by the Centers for Medicare & Medicaid Services for Medicare Advantage plans) of 4 stars or higher.
“(B) QUALIFYING COUNTY.—The term ‘qualifying county’ means, for a year, a county—
“(i) that ranked within the lowest third of counties in the amount specified in subsection (n)(2) for a year specified by the Secretary; and
“(ii) for which, as of June of a year specified by the Secretary, of the Medicare Advantage eligible individuals residing in the county at least 20 percent of such individuals were enrolled in Medicare Advantage plans.
“(3) DETERMINATIONS OF QUALITY.—
“(A) QUALITY PERFORMANCE.—The Secretary shall provide for the computation of a quality performance score for each Medicare Advantage plan to be applied for each year.
“(i) QUALITY PERFORMANCE SORE.—For years before a year specified by the Secretary, the quality performance score for a Medicare Advantage plan shall be computed based on a blend (as designated by the Secretary) of the plan’s performance on—
“(I) HEDIS effectiveness of care quality measures;
“(II) CAHPS quality measures; and
“(III) such other measures of clinical quality as the Secretary may specify.
Such measures shall be risk-adjusted as the Secretary deems appropriate.
“(ii) ESTABLISHMENT OF OUTCOME-BASED MEASURES.—By not later than for a year specified by the Secretary, the Secretary shall implement reporting requirements for quality under this section on measures selected under clause (iii) that reflect the outcomes of care experienced by individuals enrolled in Medicare Advantage plans (in addition to measures described in clause (i)). Such measures may include—
“(I) measures of rates of admission and readmission to a hospital;
“(II) measures of prevention quality, such as those established by the Agency for Healthcare Research and Quality (that include hospital admission rates for specified conditions);
“(III) measures of patient mortality and morbidity following surgery;
“(IV) measures of health functioning (such as limitations on activities of daily living) and survival for patients with chronic diseases;
“(V) measures of patient safety; and
“(VI) other measure of outcomes and patient quality of life as determined by the Secretary.
Such measures shall be risk-adjusted as the Secretary deems appropriate. In determining the quality measures to be used under this clause, the Secretary shall take into consideration the recommendations of the Medicare Payment Advisory Commission in its report to Congress under section 168 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275) and shall provide preference to measures collected on and comparable to measures used in measuring quality under parts A and B.
“(iii) RULES FOR SELECTION OF MEASURES.—The Secretary shall select measures for purposes of clause (ii) consistent with the following:
“(I) The Secretary shall provide preference to clinical quality measures that have been endorsed by the entity with a contract with the Secretary under section 1890(a).
“(II) Prior to any measure being selected under this clause, the Secretary shall publish in the Federal Register such measure and provide for a period of public comment on such measure.
“(iv) TRANSITIONAL USE OF BLEND.—For payments for years specified by the Secretary, the Secretary may compute the quality performance score for a Medicare Advantage plan based on a blend of the measures specified in clause (i) and the measures described in clause (ii) and selected under clause (iii).
“(v) USE OF QUALITY OUTCOMES MEASURES.—For payments beginning with a year specified by the Secretary (beginning after the years specified for section (iv)), the preponderance of measures used under this paragraph shall be quality outcomes measures described in clause (ii) and selected under clause (iii).
“(C) REPORTING OF DATA.—Each Medicare Advantage organization shall provide for the reporting to the Secretary of quality performance data described in this paragraph (in order to determine a quality performance score under this paragraph) in such time and manner as the Secretary shall specify.
“(4) NOTIFICATION.—The Secretary, in the annual announcement required under subsection (b)(1)(B) in 2010 and each succeeding year, shall notify the Medicare Advantage organization that is offering a qualifying plan in a qualifying county of such identification for the year. The Secretary shall provide for publication on the website for the Medicare program of the information described in the previous sentence.
“(5) AUTHORITY TO DISQUALIFY DEFICIENT PLANS.—The Secretary may determine that a Medicare Advantage plan is not a qualifying plan if the Secretary has identified deficiencies in the plan’s compliance with rules for Medicare Advantage plans under this part.”.
Section 1853(a)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w–23(a)(1)(C)(ii) is amended—
(1) in the matter before subclause (I), by striking “through 2010” and inserting “and each subsequent year”; and
(A) by inserting “periodically” before “conduct an analysis”;
(B) by inserting “on a timely basis” after “are incorporated”; and
(C) by striking “only for 2008, 2009, and 2010” and inserting “for 2008 and subsequent years”.
(a) 2 week processing period for annual enrollment period (AEP).—Paragraph (3)(B) of section 1851(e) of the Social Security Act (42 U.S.C. 1395w–21(e)) is amended—
(1) by striking “and” at the end of clause (iii);
(A) by striking “and succeeding years” and inserting “, 2008, 2009, and 2010”; and
(B) by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new clause:
“(v) with respect to 2011 and succeeding years, the period beginning on November 1 and ending on December 15 of the year before such year.”.
(b) Elimination of 3-month additional open enrollment period (OEP).—Effective for plan years beginning with 2011, paragraph (2) of such section is amended by striking subparagraph (C).
Section 1876(h)(5)(C) of the Social Security Act (42 U.S.C. 1395mm(h)(5)(C)) is amended—
(1) in clause (ii), by striking “January 1, 2010” and inserting “January 1, 2012”; and
(2) in clause (iii), by striking “the service area for the year” and inserting “the portion of the plan’s service area for the year that is within the service area of a reasonable cost reimbursement contract”.
(a) In general.—The first sentence of each of paragraphs (1) and (2) of section 1857(i) of the Social Security Act (42 U.S.C. 1395w–27(i)) is amended by inserting before the period at the end the following: “, but only if 90 percent of the Medicare Advantage eligible individuals enrolled under such plan reside in a county in which the MA organization offers an MA local plan”.
(b) Effective date.—The amendment made by subsection (a) shall apply for plan years beginning on or after January 1, 2011, and shall not apply to plans which were in effect as of December 31, 2010.
(a) Report to Congress.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that evaluates the adequacy of the risk adjustment system under section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395–23(a)(1)(C)) in predicting costs for beneficiaries with chronic or co-morbid conditions, beneficiaries dually-eligible for Medicare and Medicaid, and non-Medicaid eligible low-income beneficiaries; and the need and feasibility of including further gradations of diseases or conditions and multiple years of beneficiary data.
(b) Improvements to Risk Adjustment.—Not later than January 1, 2012, the Secretary shall implement necessary improvements to the risk adjustment system under section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395–23(a)(1)(C)), taking into account the evaluation under subsection (a).
(a) In general.—Section 1858 of the Social Security Act (42 U.S.C. 1395w–27a) is amended by striking subsection (e).
(b) Transition.—Any amount contained in the MA Regional Plan Stabilization Fund as of the date of the enactment of this Act shall be transferred to the Federal Supplementary Medical Insurance Trust Fund.
(a) In general.—The Administrator of the Centers for Medicare and Medicaid Services shall conduct a study to determine the potential effects of calculating Medicare Advantage payment rates on a more aggregated geographic basis (such as metropolitan statistical areas or other regional delineations) rather than using county boundaries. In conducting such study, the Administrator shall consider the effect of such alternative geographic basis on the following:
(1) The quality of care received by Medicare Advantage enrollees.
(2) The networks of Medicare Advantage plans, including any implications for providers contracting with Medicare Advantage plans.
(3) The predictability of benchmark amounts for Medicare advantage plans.
(b) Consultations.—In conducting the study, the Administrator shall consult with the following:
(1) Experts in health care financing.
(2) Representatives of foundations and other nonprofit entities that have conducted or supported research on Medicare financing issues.
(3) Representatives from Medicare Advantage plans.
(4) Such other entities or people as determined by the Secretary.
(c) Report.—Not later than one year after the date of the enactment of this Act, the Administrator shall transmit a report to the Congress on the study conducted under this section. The report shall contain a detailed statement of findings and conclusions of the study, together with its recommendations for such legislation and administrative actions as the Administrator considers appropriate.
(a) In general.—Section 1852(a)(1) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)) is amended—
(1) in subparagraph (A), by inserting before the period at the end the following: “with cost-sharing that is no greater (and may be less) than the cost-sharing that would otherwise be imposed under such program option”;
(2) in subparagraph (B)(i), by striking “or an actuarially equivalent level of cost-sharing as determined in this part”; and
(3) by amending clause (ii) of subparagraph (B) to read as follows:
“(ii) PERMITTING USE OF FLAT COPAYMENT OR PER DIEM RATE.—Nothing in clause (i) shall be construed as prohibiting a Medicare Advantage plan from using a flat copayment or per diem rate, in lieu of the cost-sharing that would be imposed under part A or B, so long as the amount of the cost-sharing imposed does not exceed the amount of the cost-sharing that would be imposed under the respective part if the individual were not enrolled in a plan under this part.”.
(b) Limitation for dual eligibles and qualified medicare beneficiaries.—Section 1852(a)(7) of such Act is amended to read as follows:
“(7) LIMITATION ON COST-SHARING FOR DUAL ELIGIBLES AND QUALIFIED MEDICARE BENEFICIARIES.—In the case of a individual who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)) or a qualified medicare beneficiary (as defined in section 1905(p)(1)) who is enrolled in a Medicare Advantage plan, the plan may not impose cost-sharing that exceeds the amount of cost-sharing that would be permitted with respect to the individual under this title and title XIX if the individual were not enrolled with such plan.”.
(1) The amendments made by subsection (a) shall apply to plan years beginning on or after January 1, 2011.
(2) The amendments made by subsection (b) shall apply to plan years beginning on or after January 1, 2011.
Section 1851(e)(4) of the Social Security Act (42 U.S.C. 1395w(e)(4)) is amended—
(1) in subparagraph (C), by striking at the end “or”;
(A) by inserting “, taking into account the health or well-being of the individual” before the period; and
(B) by redesignating such subparagraph as subparagraph (E); and
(3) by inserting after subparagraph (C) the following new subparagraph:
“(D) the individual is enrolled in an MA plan and enrollment in the plan is suspended under paragraph (2)(B) or (3)(C) of section 1857(g) because of a failure of the plan to meet applicable requirements; or”.
(a) Disclosure of medical loss ratios and other expense data.—Section 1851 of the Social Security Act (42 U.S.C. 1395w–21), as previously amended by this subtitle, is amended by adding at the end the following new subsection:
“(p) Publication of medical loss ratios and other cost-related information.—
“(1) IN GENERAL.—The Secretary shall publish, not later than November 1 of each year (beginning with 2011), for each MA plan contract, the medical loss ratio of the plan in the previous year.
“(A) IN GENERAL.—Each MA organization shall submit to the Secretary, in a form and manner specified by the Secretary, data necessary for the Secretary to publish the medical loss ratio on a timely basis.
“(B) DATA FOR 2010 AND 2011.—The data submitted under subparagraph (A) for 2010 and for 2011 shall be consistent in content with the data reported as part of the MA plan bid in June 2009 for 2010.
“(C) USE OF STANDARDIZED ELEMENTS AND DEFINITIONS.—The data to be submitted under subparagraph (A) relating to medical loss ratio for a year, beginning with 2012, shall be submitted based on the standardized elements and definitions developed under paragraph (3).
“(3) DEVELOPMENT OF DATA REPORTING STANDARDS.—
“(A) IN GENERAL.—The Secretary shall develop and implement standardized data elements and definitions for reporting under this subsection, for contract years beginning with 2012, of data necessary for the calculation of the medical loss ratio for MA plans. Not later than December 31, 2010, the Secretary shall publish a report describing the elements and definitions so developed.
“(B) CONSULTATION.—The Secretary shall consult with the Health Choices Commissioner, representatives of MA organizations, experts on health plan accounting systems, and representatives of the National Association of Insurance Commissioners, in the development of such data elements and definitions.
“(4) MEDICAL LOSS RATIO TO BE DEFINED.—For purposes of this part, the term ‘medical loss ratio’ has the meaning given such term by the Secretary, taking into account the meaning given such term by the Health Choices Commissioner under section 116 of the Affordable Health Care for America Act.”.
(b) Minimum medical loss ratio.—Section 1857(e) of the Social Security Act (42 U.S.C. 1395w–27(e)) is amended by adding at the end the following new paragraph:
“(4) REQUIREMENT FOR MINIMUM MEDICAL LOSS RATIO.—If the Secretary determines for a contract year (beginning with 2014) that an MA plan has failed to have a medical loss ratio (as defined in section 1851(p)(4)) of at least .85—
“(A) the Secretary shall require the Medicare Advantage organization offering the plan to give enrollees a rebate (in the second succeeding contract year) of premiums under this part (or part B or part D, if applicable) by such amount as would provide for a benefits ratio of at least .85;
“(B) for 3 consecutive contract years, the Secretary shall not permit the enrollment of new enrollees under the plan for coverage during the second succeeding contract year; and
“(C) the Secretary shall terminate the plan contract if the plan fails to have such a medical loss ratio for 5 consecutive contract years.”.
(a) For part C payments risk adjustment.—Section 1857(d)(1) of the Social Security Act (42 U.S.C. 1395w–27(d)(1)) is amended by inserting after “section 1858(c))” the following: “, and data submitted with respect to risk adjustment under section 1853(a)(3)”.
(b) Enforcement of audits and deficiencies.—
(1) IN GENERAL.—Section 1857(e) of such Act, as amended by section 1173, is amended by adding at the end the following new paragraph:
“(5) ENFORCEMENT OF AUDITS AND DEFICIENCIES.—
“(A) INFORMATION IN CONTRACT.—The Secretary shall require that each contract with an MA organization under this section shall include terms that inform the organization of the provisions in subsection (d).
“(B) ENFORCEMENT AUTHORITY.—The Secretary is authorized, in connection with conducting audits and other activities under subsection (d), to take such actions, including pursuit of financial recoveries, necessary to address deficiencies identified in such audits or other activities.”.
(2) APPLICATION UNDER PART D.—For provision applying the amendment made by paragraph (1) to prescription drug plans under part D, see section 1860D–12(b)(3)(D) of the Social Security Act.
(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to audits and activities conducted for contract years beginning on or after January 1, 2011.
(a) In general.—Section 1854(a)(5) of the Social Security Act (42 U.S.C. 1395w–24(a)(5)) is amended by adding at the end the following new subparagraph:
“(C) REJECTION OF BIDS.—Nothing in this section shall be construed as requiring the Secretary to accept any or every bid by an MA organization under this subsection.”.
(b) Application under part D.—Section 1860D–11(d) of such Act (42 U.S.C. 1395w–111(d)) is amended by adding at the end the following new paragraph:
“(3) REJECTION OF BIDS.—Paragraph (5)(C) of section 1854(a) shall apply with respect to bids under this section in the same manner as it applies to bids by an MA organization under such section.”.
(c) Effective date.—The amendments made by this section shall apply to bids for contract years beginning on or after January 1, 2011.
Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w–26(b)(3)) is amended—
(1) by striking “The standards” and inserting “(A) In general.—The standards” with appropriate indentation that is the same as for the subparagraph (B) added by paragraph (2); and
(2) by adding at the end the following new subparagraph:
“(B) ENFORCEMENT OF FEDERAL STANDARDS PERMITTED.—
“(i) IN GENERAL.—Subject to the subsequent provision of this subparagraph, nothing in this title shall be construed to prohibit a State from conducting a market conduct examination or from imposing civil monetary penalties, in accordance with laws and procedures of the State, against Medicare Advantage organizations, PDP sponsors, or agents or brokers of such organizations or sponsors for violations of the marketing requirements under subsections (h)(4), (h)(6), and (j) of section 1851 and section 1857(g)(1)(E).
“(ii) ADDITIONAL REMEDIES RESULTING FROM FEDERAL-STATE COOPERATION.—
“(I) STATE RECOMMENDATION.—A State may recommend to the Secretary the imposition of an intermediate sanction not described in clause (i) (such as those available under section 1857(g)) against a Medicare Advantage organization, PDP sponsor, or agent or broker of such an organization or sponsor for a violation described in such clause.
“(II) RESPONSE TO RECOMMENDATION.—Not later than 30 days after receipt of a recommendation under subclause (I) from a State, with respect to a violation described in clause (i), the Secretary shall respond in writing to the State indicating the progress of any investigation involving such violation, whether the Secretary intends to pursue the recommendation from the State, and in the case the Secretary does not intend to pursue such recommendation, the reason for such decision.
“(iii) NON-DUPLICATION OF PENALTIES.—In the case that an action has been initiated against a Medicare Advantage organization, PDP sponsor, or agent or broker of such an organization or sponsor for a violation of a marketing requirement under subsection (h)(4), (h)(6), or (j) of section 1851 or section 1857(g)(1)(E)—
“(I) in the case such action has been initiated by the Secretary, no State may bring an action under such applicable subsection or section against such organization, sponsor, agent, or broker with respect to such violation during the pendency period of the action initiated by the Secretary and, if a penalty is imposed pursuant to such action, after such period; and
“(II) in the case such action has been initiated by a State, the Secretary may not bring an action under such applicable subsection or section against such organization, sponsor, agent, or broker with respect to such violation during the pendency period of the action initiated by the Secretary and, if a penalty is imposed pursuant to such action, after such period.
Nothing in this clause shall be construed as limiting the ability of the Secretary to impose any sanction other than a civil monetary penalty under section 1857 against a Medicare Advantage organization, PDP sponsor, or agent or broker of such an organization or sponsor for a violation described in clause (i).
“(iv) CONSTRUCTION.—Nothing in this subparagraph shall be construed as affecting any State authority to regulate brokers described in this paragraph or any other conduct of a Medicare Advantage organization or PDP sponsor.”.
Section 1859(f)(4) of the Social Security Act (42 U.S.C. 1395w–28(f)(4)) is amended by adding at the end the following new subparagraph:
“(C) The plan does not enroll an individual on or after January 1, 2011, other than—
“(i) during an annual, coordinated open enrollment period; or
“(ii) during a special election period consisting of the period for which the individual has a chronic condition that qualifies the individual as an individual described in subsection (b)(6)(B)(iii) for such plan and ending on the date on which the individual enrolls in such a plan on the basis of such condition.
If an individual is enrolled in such a plan on the basis of a chronic condition and becomes eligible for another such plan on the basis of another chronic condition, the other plan may enroll the individual on the basis of such other chronic condition during a special enrollment period described in clause (ii). An individual is eligible to apply such clause only once on the basis of any specific chronic condition.”.
(a) In general.—Section 1859(f)(1) of the Social Security Act (42 U.S.C. 1395w–28(f)(1)) is amended by striking “January 1, 2011” and inserting “January 1, 2013 (or January 1, 2016, in the case of a plan described in section 1177(b)(1) of the Affordable Health Care for America Act)”.
(b) Extension of certain plans.—
(1) PLANS DESCRIBED.—For purposes of Section 1859(f)(1) of the Social Security Act (42 U.S.C. 1395w-28(f)(1)), a plan described in this paragraph is a Medicare Advantage dual eligible special needs plan that—
(A) whose sponsoring Medicare Advantage organization, as of the date enactment of the Affordable Health Care for America Act, has a contract with a State Medicaid Agency that participated in the ‘‘Demonstrations Serving Those Dually-Eligible for Medicare and Medicaid’’ under the Medicare program; and
(B) that has been approved by the Centers for Medicare & Medicaid Services as a dual eligible special needs plan and that offers integrated Medicare and Medicaid services under a contract with the State Medicaid agency.
(A) ANALYSIS.—The Secretary of Health and Human Services shall provide, through a contract with an independent health services evaluation organization, for an analysis of the plans described in paragraph (1) with regard to the impact of such plans on cost, quality of care, patient satisfaction, and other subjects specified by the Secretary. Such report also will identify statutory changes needed to simplify access to needed services, improve coordination of benefits and services and ensure protection for dual eligibles as appropriate.
(B) REPORT.—Not later than December 31, 2011, the Secretary shall submit to the Congress a report on the analysis under subparagraph (A) and shall include in such report such recommendations with regard to the treatment of such plans as the Secretary deems appropriate.
(c) Extension of service area moratorium for certain SNPs.—Section 164(c)(2) of the Medicare Improvements for Patients and Providers Act of 2008 is amended by striking “December 31, 2010” and inserting “December 31, 2012”.
Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the following new subsection:
(a) Immediate reduction in coverage gap in 2010.—Section 1860D–2(b) of the Social Security Act (42 U.S.C. 1395w–102(b)) is amended—
(1) in paragraph (3)(A), by striking “paragraph (4)” and inserting “paragraphs (4) and (7)”; and
(2) by adding at the end the following new paragraph:
“(7) INCREASE IN INITIAL COVERAGE LIMIT IN 2010.—
“(A) IN GENERAL.—For plan years beginning during 2010, the initial coverage limit described in paragraph (3)(B) otherwise applicable shall be increased by $500.
“(B) APPLICATION.—In applying subparagraph (A)—
“(i) except as otherwise provided in this subparagraph, there shall be no change in the premiums, bids, or any other parameters under this part or part C;
“(ii) costs that would be treated as incurred costs for purposes of applying paragraph (4) but for the application of subparagraph (A) shall continue to be treated as incurred costs;
“(iii) the Secretary shall establish procedures, which may include a reconciliation process, to fully reimburse PDP sponsors with respect to prescription drug plans and MA organizations with respect to MA–PD plans for the reduction in beneficiary cost sharing associated with the application of subparagraph (A);
“(iv) the Secretary shall develop an estimate of the additional increased costs attributable to the application of this paragraph for increased drug utilization and financing and administrative costs and shall use such estimate to adjust payments to PDP sponsors with respect to prescription drug plans under this part and MA organizations with respect to MA–PD plans under part C; and
“(v) the Secretary shall establish procedures for retroactive reimbursement of part D eligible individuals who are covered under such a plan for costs which are incurred before the date of initial implementation of subparagraph (A) and which would be reimbursed under such a plan if such implementation occurred as of January 1, 2010.”.
(b) Additional closure in gap beginning in 2011.—Section 1860D–2(b) of such Act (42 U.S.C. 1395w–102(b)) as amended by subsection (a), is further amended—
(1) in paragraph (3)(A), by striking “and (7)” and inserting “, (7), and (8)” ;
(2) in paragraph (4)(B)(i), by inserting “subject to paragraph (8)” after “purposes of this part”; and
(3) by adding at the end the following new paragraph:
“(8) PHASED-IN ELIMINATION OF COVERAGE GAP.—
“(A) IN GENERAL.—For each year beginning with 2011, the Secretary shall consistent with this paragraph progressively increase the initial coverage limit (described in subsection (b)(3)) and decrease the annual out-of-pocket threshold from the amounts otherwise computed until, beginning in 2019, there is a continuation of coverage from the initial coverage limit for expenditures incurred through the total amount of expenditures at which benefits are available under paragraph (4).
“(B) INCREASE IN INITIAL COVERAGE LIMIT.—
“(i) IN GENERAL.—For a year beginning with 2011, subject to clause (ii), the initial coverage limit otherwise computed without regard to this paragraph shall be increased by the cumulative ICL phase-in percentage (as defined in clause (iii) for the year) times the out-of-pocket gap amount (as defined in subparagraph (D)) for the year.
“(ii) MAINTENANCE OF 2010 INITIAL COVERAGE LIMIT LEVEL.—If for a year the initial coverage limit otherwise computed under this paragraph would be less than the initial coverage limit applied during 2010, taking into account paragraph (7), the initial coverage limit for that year shall be such initial coverage limit as so applied during 2010.
“(iii) CUMULATIVE PHASE-IN PERCENTAGE.—
“(I) IN GENERAL.—For purposes of this paragraph, subject to subclause (II), the term ‘cumulative ICL phase-in percentage’ means for a year the sum of the annual ICL phase-in percentage (as defined in clause (iv)) for the year and the annual ICL phase-in percentages for each previous year beginning with 2011.
“(II) LIMITATION.—If the sum of the cumulative ICL phase-in percentage and the cumulative OPT phase-in percentage (as defined in subparagraph (C)(iii)) for a year would otherwise exceed 100 percent, each such percentage shall be reduced in a proportional amount so the sum does not exceed 100 percent.
“(iv) ANNUAL ICL PHASE-IN PERCENTAGE.—For purposes of this paragraph, the term ‘annual ICL phase-in percentage’ means—
“(I) for 2011, 8.25 percent;
“(II) for 2012, 2013, and 2014, 4.5 percent;
“(III) for 2015 and 2016, 6 percent;
“(IV) for 2017, 7.5 percent;
“(V) for 2018, 8 percent; and
“(VI) for 2019, 8 percent, or such other percent as may be necessary to provide for a full continuation of coverage as described in subparagraph (A) in that year.
“(C) DECREASE IN ANNUAL OUT-OF-POCKET THRESHOLD.—
“(i) IN GENERAL.—For a year beginning with 2011, subject to clause (ii), the annual out-of-pocket threshold otherwise computed without regard to this paragraph shall be decreased by the cumulative OPT phase-in percentage (as defined in clause (iii) for the year) of the out-of-pocket gap amount for the year multiplied by 1.75.
“(ii) MAINTENANCE.—The Secretary shall adjust the annual out-of-pocket threshold for a year to the extent necessary to ensure that the sum of the initial coverage limit described in subparagraph (A) and the out-of-pocket gap amount (defined in subparagraph (D)), as determined for the year pursuant to the provisions of this paragraph for such year, does not exceed such sum that would have applied if this paragraph did not apply.
“(iii) CUMULATIVE OPT PHASE-IN PERCENTAGE.—For purposes of this paragraph, subject to subparagraph (B)(iii)(II), the term ‘cumulative OPT phase-in percentage’ means for a year the sum of the annual OPT phase-in percentage (as defined in clause (iv)) for the year and the annual OPT phase-in percentages for each previous year beginning with 2011.
“(iv) ANNUAL OPT PHASE-IN PERCENTAGE.—For purposes of this paragraph, the term ‘annual OPT phase-in percentage’ means—
“(I) for 2011, 0 percent;
“(II) for 2012, 2013, and 2014, 4.5 percent;
“(III) for 2015 and 2016, 6 percent;
“(IV) for 2017, 7.5 percent; and
“(V) for 2018 and 2019, 8 percent.
“(D) OUT-OF-POCKET GAP AMOUNT.—For purposes of this paragraph, the term ‘out-of-pocket gap amount’ means for a year the amount by which—
“(i) the annual out-of-pocket threshold specified in paragraph (4)(B) for the year (as determined as if this paragraph did not apply), exceeds
“(I) the annual deductible under paragraph (1) for the year; and
“(II) 1⁄4 of the amount by which the initial coverage limit under paragraph (3) for the year (as determined as if this paragraph did not apply) exceeds such annual deductible.
“(E) RELATION TO AAHCA TRANSITIONAL INCREASE.—Except as otherwise specifically provided, this paragraph shall be applied as if no increase had been made in the initial coverage limit under paragraph (7).”.
(c) Requiring drug manufacturers to provide drug rebates for rebate eligible individuals.—
(1) IN GENERAL.—Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102) is amended—
(A) in subsection (e)(1), in the matter before subparagraph (A), by inserting “and subsection (f)” after “this subsection”; and
(B) by adding at the end the following new subsection:
“(f) Prescription drug rebate agreement for rebate eligible individuals.—
“(A) IN GENERAL.—For plan years beginning on or after January 1, 2011, in this part, the term ‘covered part D drug’ does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2).
“(B) 2010 PLAN YEAR REQUIREMENT.—Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2010, and ending on December 31, 2010, shall not be included as a ‘covered part D drug ‘ for the subsequent plan year.
“(2) REBATE AGREEMENT.—A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2009, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2009, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor under part D or a MA organization under part C for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D–12(b)(7), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b).
“(3) REBATE FOR REBATE ELIGIBLE MEDICARE DRUG PLAN ENROLLEES.—
“(A) IN GENERAL.—The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of—
“(i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor under part D or a MA organization under part C for the rebate period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively; and
“(ii) the amount (if any) by which—
“(I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period, exceeds
“(II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period.
“(B) MEDICAID REBATE AMOUNT.—For purposes of this paragraph, the term ‘Medicaid rebate amount’ means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period—
“(i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii) of section 1927(c) plus the amount, if any, specified in paragraph (2)(A)(ii) of such section, for such form, strength, and period; or
“(ii) in the case of any other covered outpatient drug, the amount specified in paragraph (3)(A)(i) of such section for such form, strength, and period.
“(C) AVERAGE MEDICARE DRUG PROGRAM REBATE ELIGIBLE REBATE AMOUNT.—For purposes of this subsection, the term ‘average Medicare drug program rebate eligible rebate amount’ means, with respect to each dosage form and strength of a covered part D drug provided by a manufacturer for a rebate period, the sum, for all PDP sponsors under part D and MA organizations administering a MA–PD plan under part C, of—
“(i) the product, for each such sponsor or organization, of—
“(I) the sum of all rebates, discounts, or other price concessions (not taking into account any rebate provided under paragraph (2) for such dosage form and strength of the drug dispensed, calculated on a per-unit basis, but only to the extent that any such rebate, discount, or other price concession applies equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and MA–PD enrollees who are not rebate eligible individuals; and
“(II) the number of the units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in the prescription drug plans administered by the PDP sponsor or the MA–PD plans administered by the MA organization; divided by
“(ii) the total number of units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in all prescription drug plans administered by PDP sponsors and all MA–PD plans administered by MA organizations.
“(D) USE OF ESTIMATES.—The Secretary may establish a methodology for estimating the average Medicare drug program rebate eligible rebate amounts for each rebate period based on bid and utilization information under this part and may use these estimates as the basis for determining the rebates under this section. If the Secretary elects to estimate the average Medicare drug program rebate eligible rebate amounts, the Secretary shall establish a reconciliation process for adjusting manufacturer rebate payments not later than 3 months after the date that manufacturers receive the information collected under section 1860D-12(b)(7)(B).
“(4) LENGTH OF AGREEMENT.—The provisions of paragraph (4) of section 1927(b) (other than clauses (iv) and (v) of subparagraph (B)) shall apply to rebate agreements under this subsection in the same manner as such paragraph applies to a rebate agreement under such section.
“(5) OTHER TERMS AND CONDITIONS.—The Secretary shall establish other terms and conditions of the rebate agreement under this subsection, including terms and conditions related to compliance, that are consistent with this subsection.
“(6) DEFINITIONS.—In this subsection and section 1860D–12(b)(7):
“(A) REBATE ELIGIBLE INDIVIDUAL.—The term ‘rebate eligible individual’—
“(i) means a full-benefit dual eligible individual (as defined in section 1935(c)(6)); and
“(ii) includes, for drugs dispensed after December 31, 2014, a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A)).
“(B) REBATE PERIOD.—The term ‘rebate period’ has the meaning given such term in section 1927(k)(8).
“(7) WAIVER.—Chapter 35 of title 44, United States Code, shall not apply to the requirements under this subsection for the period beginning on January 1, 2010, and ending on December 31, 2010.”.
(2) REPORTING REQUIREMENT FOR THE DETERMINATION AND PAYMENT OF REBATES BY MANUFACTURES RELATED TO REBATE FOR REBATE ELIGIBLE MEDICARE DRUG PLAN ENROLLEES.—
(A) REQUIREMENTS FOR PDP SPONSORS.—Section 1860D–12(b) of the Social Security Act (42 U.S.C. 1395w–112(b)) is amended by adding at the end the following new paragraph:
“(7) REPORTING REQUIREMENT FOR THE DETERMINATION AND PAYMENT OF REBATES BY MANUFACTURERS RELATED TO REBATE FOR REBATE ELIGIBLE MEDICARE DRUG PLAN ENROLLEES.—
“(A) IN GENERAL.—For purposes of the rebate under section 1860D–2(f) for contract years beginning on or after January 1, 2011, each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan shall require that the sponsor comply with subparagraphs (B) and (C).
“(B) REPORT FORM AND CONTENTS.—Not later than a date specified by the Secretary, a PDP sponsor of a prescription drug plan under this part shall report to each manufacturer—
“(i) information (by National Drug Code number) on the total number of units of each dosage, form, and strength of each drug of such manufacturer dispensed to rebate eligible Medicare drug plan enrollees under any prescription drug plan operated by the PDP sponsor during the rebate period;
“(ii) information on the price discounts, price concessions, and rebates for such drugs for such form, strength, and period;
“(iii) information on the extent to which such price discounts, price concessions, and rebates apply equally to rebate eligible Medicare drug plan enrollees and PDP enrollees who are not rebate eligible Medicare drug plan enrollees; and
“(iv) any additional information that the Secretary determines is necessary to enable the Secretary to calculate the average Medicare drug program rebate eligible rebate amount (as defined in paragraph (3)(C) of such section), and to determine the amount of the rebate required under this section, for such form, strength, and period.
Such report shall be in a form consistent with a standard reporting format established by the Secretary.
“(C) SUBMISSION TO SECRETARY.—Each PDP sponsor shall promptly transmit a copy of the information reported under subparagraph (B) to the Secretary for the purpose of audit oversight and evaluation.
“(D) CONFIDENTIALITY OF INFORMATION.—The provisions of subparagraph (D) of section 1927(b)(3), relating to confidentiality of information, shall apply to information reported by PDP sponsors under this paragraph in the same manner that such provisions apply to information disclosed by manufacturers or wholesalers under such section, except—
“(i) that any reference to ‘this section’ in clause (i) of such subparagraph shall be treated as being a reference to this section;
“(ii) the reference to the Director of the Congressional Budget Office in clause (iii) of such subparagraph shall be treated as including a reference to the Medicare Payment Advisory Commission; and
“(iii) clause (iv) of such subparagraph shall not apply.
“(E) OVERSIGHT.—Information reported under this paragraph may be used by the Inspector General of the Department of Health and Human Services for the statutorily authorized purposes of audit, investigation, and evaluations.
“(F) PENALTIES FOR FAILURE TO PROVIDE TIMELY INFORMATION AND PROVISION OF FALSE INFORMATION.—In the case of a PDP sponsor—
“(i) that fails to provide information required under subparagraph (B) on a timely basis, the sponsor is subject to a civil money penalty in the amount of $10,000 for each day in which such information has not been provided; or
“(ii) that knowingly (as defined in section 1128A(i)) provides false information under such subparagraph, the sponsor is subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information.
Such civil money penalties are in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).”.
(B) APPLICATION TO MA ORGANIZATIONS.—Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w–27(f)(3)) is amended by adding at the end the following:
“(D) REPORTING REQUIREMENT RELATED TO REBATE FOR REBATE ELIGIBLE MEDICARE DRUG PLAN ENROLLEES.—Section 1860D–12(b)(7).”.
(3) DEPOSIT OF REBATES INTO MEDICARE PRESCRIPTION DRUG ACCOUNT.—Section 1860D–16(c) of such Act (42 U.S.C. 1395w–116(c)) is amended by adding at the end the following new paragraph:
“(6) REBATE FOR REBATE ELIGIBLE MEDICARE DRUG PLAN ENROLLEES.—Amounts paid under a rebate agreement under section 1860D–2(f) shall be deposited into the Account and shall be used to pay for all or part of the gradual elimination of the coverage gap under section 1860D–2(b)(7).”.
Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102), as amended by section 1181, is amended—
(1) in subsection (b)(4)(C)(ii), by inserting “subject to subsection (g)(2)(C),” after “(ii)”;
(2) in subsection (e)(1), in the matter before subparagraph (A), by striking “subsection (f)” and inserting “subsections (f) and (g)” after “this subsection”; and
(3) by adding at the end the following new subsection: “(g) Requirement for manufacturer discount agreement for certain qualifying drugs.— “(1) IN GENERAL.—In this part, the term ‘covered part D drug’ does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect for all qualifying drugs (as defined in paragraph (5)(A)) a discount agreement described in paragraph (2). “(A) PERIODIC DISCOUNTS.—A discount agreement under this paragraph shall require the manufacturer involved to provide, to each PDP sponsor with respect to a prescription drug plan or each MA organization with respect to each MA–PD plan, a discount in an amount specified in paragraph (3) for qualifying drugs (as defined in paragraph (5)(A)) of the manufacturer dispensed to a qualifying enrollee after January 1, 2010, insofar as the individual is in the original gap in coverage (as defined in paragraph (5)(E)). “(B) DISCOUNT AGREEMENT.—Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement, including terms and conditions relating to compliance, similar to the terms and conditions for rebate agreements under paragraphs (2), (3), and (4) of section 1927(b), except that— “(i) discounts shall be applied under this subsection to prescription drug plans and MA–PD plans instead of State plans under title XIX; “(ii) PDP sponsors and MA organizations shall be responsible, instead of States, for provision of necessary utilization information to drug manufacturers; and “(iii) sponsors and MA organizations shall be responsible for reporting information on drug-component negotiated price.
“(C) COUNTING DISCOUNT TOWARD TRUE OUT-OF-POCKET COSTS.—Under the discount agreement, in applying subsection (b)(4), with regard to subparagraph (C)(i) of such subsection, if a qualified enrollee purchases the qualified drug insofar as the enrollee is in an actual gap of coverage (as defined in paragraph (5)(D)), the amount of the discount under the agreement shall be treated and counted as costs incurred by the plan enrollee.
“(3) DISCOUNT AMOUNT.—The amount of the discount specified in this paragraph for a discount period for a plan is equal to 50 percent of the amount of the drug-component negotiated price (as defined in paragraph (5)(C)) for qualifying drugs for the period involved.
“(4) ADDITIONAL TERMS.—In the case of a discount provided under this subsection with respect to a prescription drug plan offered by a PDP sponsor or an MA–PD plan offered by an MA organization, if a qualified enrollee purchases the qualified drug—
“(A) insofar as the enrollee is in an actual gap of coverage (as defined in paragraph (5)(D)), the sponsor or plan shall provide the discount to the enrollee at the time the enrollee pays for the drug; and
“(B) insofar as the enrollee is in the portion of the original gap in coverage (as defined in paragraph (5)(E)) that is not in the actual gap in coverage, the discount shall not be applied against the negotiated price (as defined in subsection (d)(1)(B)) for the purpose of calculating the beneficiary payment.
“(5) DEFINITIONS.—In this subsection:
“(A) QUALIFYING DRUG.—The term ‘qualifying drug’ means, with respect to a prescription drug plan or MA–PD plan, a drug or biological product that—
“(i)(I) is a drug produced or distributed under an original new drug application approved by the Food and Drug Administration, including a drug product marketed by any cross-licensed producers or distributors operating under the new drug application;
“(II) is a drug that was originally marketed under an original new drug application approved by the Food and Drug Administration; or
“(III) is a biological product as approved under Section 351(a) of the Public Health Services Act;
“(ii) is covered under the formulary of the plan or is treated as covered under the formulary of the plan as a result of a coverage determination or appeal under subsection (g) or (h) of section 1860D–4; and
“(iii) is dispensed to an individual who is in the original gap in coverage.
“(B) QUALIFYING ENROLLEE.—The term ‘qualifying enrollee’ means an individual enrolled in a prescription drug plan or MA–PD plan other than such an individual who is a subsidy-eligible individual (as defined in section 1860D–14(a)(3)).
“(C) DRUG-COMPONENT NEGOTIATED PRICE.—The term ‘drug-component negotiated price’ means, with respect to a qualifying drug, the negotiated price (as defined in section 423.100 of title 42, Code of Federal Regulations, as in effect on the date of enactment of this subsection), as determined without regard to any dispensing fee, of the drug under the prescription drug plan or MA–PD plan involved.
“(D) ACTUAL GAP IN COVERAGE.—The term ‘actual gap in coverage’ means the gap in prescription drug coverage that occurs between the initial coverage limit (as modified under paragraph (7) and subparagraph (B) of paragraph (8) of subsection (b)) and the annual out-of-pocket threshold (as modified under subparagraph (C) of such subsection).
“(E) ORIGINAL GAP IN COVERAGE.—The term ‘original in gap coverage’ means the gap in prescription drug coverage that would occur between the initial coverage limit (described in subsection (b)(3)) and the out-of-pocket threshold (as defined in subsection (b)(4)(B)) if subsections (b)(7) and (b)(8) did not apply.
“(6) SPECIAL RULE FOR 2010.—For the period beginning January 1, 2010, and ending December 31, 2010, the Secretary may—
“(A) enter into agreements with manufacturers to directly receive the discount amount described in paragraph (3);
“(B) collect the necessary information from prescription drug plans and MA-PD plans to calculate the discount amount described in such paragraph; and
“(C) provide the discount described in such paragraph to beneficiaries as close as practicable after the point of sale.
“(7) WAIVER.—Chapter 35 of title 44, United States Code, shall not apply to the requirements under this subsection for the period beginning on January 1, 2010, and ending on December 31, 2010.”.
(a) Part D submission.—Section 1860D–12(b) of the Social Security Act (42 U.S.C. 1395w–112(b)), as amended by section 172(a)(1) of Public Law 110–275, is amended by striking paragraph (5) and redesignating paragraph (6) and paragraph (7), as added by section 1181(c)(2)(A), as paragraph (5) and paragraph (6), respectively.
(b) Submission to MA–PD plans.—Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w-27(f)(3)), as added by section 171(b) of Public Law 110–275 and amended by section 172(a)(2) of such Public Law and section 1181 of this Act, is amended by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C) respectively.
(c) Effective date.—The amendments made by this section shall apply for contract years beginning with 2010.
(a) In general.—Section 1860D–2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)) is amended—
(1) in clause (i), by striking “and” at the end;
(A) by striking “such costs shall be treated as incurred only if” and inserting “and subject to clause (iii), such costs shall be treated as incurred only if”;
(B) by striking “, under section 1860D–14, or under a State Pharmaceutical Assistance Program”; and
(C) by striking the period at the end and inserting “; and”; and
(3) by inserting after clause (ii) the following new clause:
“(iii) such costs shall be treated as incurred and shall not be considered to be reimbursed under clause (ii) if such costs are borne or paid—
“(I) under section 1860D–14;
“(II) under a State Pharmaceutical Assistance Program;
“(III) by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); or
“(IV) under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act.”.
(b) Effective date.—The amendments made by subsection (a) shall apply to costs incurred on or after January 1, 2011.
(a) In general.—Section 1860D–4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w–104(b)(3)(E)) is amended—
(1) in the heading, by inserting “; Certain formulary changes only before initiating marketing for a plan year” after “status of drug”;
(2) by striking “Any removal” and inserting “(i) Notice.—Any removal” with the same indentation as the clause added by paragraph (2);
(3) by adding at the end the following new clause:
“(ii) CERTAIN CHANGES IN FORMULARY ONLY BEFORE INITIATING MARKETING FOR A PLAN YEAR.—Any removal of a covered part D drug from a formulary used by a PDP sponsor of a prescription drug plan (or MA organization of a MA–PD plan) or any other material change to the formulary so as to reduce the coverage (or increase the cost-sharing) of the drug under the plan for a plan year shall take effect by a date specified by the Secretary but no later than the start of plan marketing activities for the plan year. In addition to any exceptions to the previous sentence specified by the Secretary, the previous sentence shall not apply in the case that a drug is removed from the formulary of a plan because of a recall or withdrawal of the drug issued by the Food and Drug Administration, because the drug is replaced with a generic drug that is a therapeutic equivalent, or because of utilization management applied to—
“(I) a drug whose labeling includes a boxed warning required by the Food and Drug Administration under section 201.57(c)(1) of title 21, Code of Federal Regulations (or a successor regulation); or
“(II) a drug required under subsection (c)(2) of section 505–1 of the Federal Food, Drug, and Cosmetic Act to have a Risk Evaluation and Management Strategy that includes elements under subsection (f) of such section.”.
(b) Effective date.—The amendments made by subsection (a) shall apply to contract years beginning on or after January 1, 2011.
(a) Negotiation by Secretary.—Section 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i) (relating to noninterference) and inserting the following:
“(i) Negotiation of Lower Drug Prices.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary shall negotiate with pharmaceutical manufacturers the prices (including discounts, rebates, and other price concessions) that may be charged to PDP sponsors and MA organizations for covered part D drugs for part D eligible individuals who are enrolled under a prescription drug plan or under an MA-PD plan.
“(2) NO CHANGE IN RULES FOR FORMULARIES.—
“(A) IN GENERAL.—Nothing in paragraph (1) shall be construed to authorize the Secretary to establish or require a particular formulary.
“(B) CONSTRUCTION.—Subparagraph (A) shall not be construed as affecting the Secretary’s authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and under MA-PD plans, including compliance of such plans with formulary requirements under section 1860D–4(b)(3).
“(3) CONSTRUCTION.—Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA-PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1).
“(4) ANNUAL REPORTS TO CONGRESS.—Not later than June 1, 2011, and annually thereafter, the Secretary shall submit to the Committees on Ways and Means, Energy and Commerce, and Oversight and Government Reform of the House of Representatives and the Committee on Finance of the Senate a report on negotiations conducted by the Secretary to achieve lower prices for Medicare beneficiaries, and the prices and price discounts achieved by the Secretary as a result of such negotiations.”.
(b) Effective date.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall first apply to negotiations and prices for plan years beginning on January 1, 2011.
Section 1860D–4(c) of the Social Security Act (42 U.S.C. 1395w–104(c)) is amended by adding at the end the following new paragraph:
“(3) REDUCTION OF WASTEFUL DISPENSING.—
“(A) IN GENERAL.—For plan years beginning on or after January 1, 2012, a PDP sponsor offering a prescription drug plan and MA organization offering a MA–PD plan under part C shall have in place the utilization management techniques established under subparagraph (B).
“(B) REQUIREMENTS.—The Secretary shall establish utilization management techniques, such as daily, weekly, or automated dose dispensing, to apply to PDP sponsors and MA organizations to reduce the quantities of covered part D drugs dispensed to enrollees who are residing in long-term care facilities in order to reduce waste associated with unused medications.
“(C) CONSULTATION.—In establishing the requirements under subparagraph (A), the Secretary shall consult with the Administrator of the Environmental Protection Agency, Administrator of the Food and Drug Administration, Administrator of the Drug Enforcement Administration, State Boards of Pharmacy, pharmacy and physician organizations, and other appropriate stakeholders to study and determine additional methods for prescription drug plans to reduce waste associated with unused prescription drugs.”.
(a) In general.—Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a–7a(i)(6)) is amended—
(1) in subparagraph (C), by striking “of 1996” and all that follows and inserting “of 1996;”;
(2) in the first subparagraph (D), by striking “promulgated” and all that follows and inserting “promulgated;”;
(3) by redesignating the second subparagraph (D) as a subparagraph (E) and by striking the period at the end of such subparagraph and inserting “; and”; and
(4) by adding at the end the following new subparagraph:
“(F) with regard to a prescription drug plan offered by a PDP sponsor or an MA–PD plan offered by an MA organization, a reduction in or waiver of the copayment amount under the plan given to an individual to induce the individual to switch to a generic, bioequivalent drug, or biosimilar.”.
(b) Effective date.—The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall first apply with respect to remuneration offered, paid, solicited, or received on or after January 1, 2011.
(a) In general.—Section 1860D–12(c) of the Social Security Act (42 U.S.C. 1395w–112(c)) is amended—
(1) in paragraph (1)(A), by striking “In the case” and inserting “Subject to paragraph (5), in the case”; and
(2) by adding at the end the following new paragraph:
“(5) STATE CERTIFICATION REQUIRED.—
“(A) IN GENERAL.—Except as provided in section 1860D–21(f)(4), the Secretary may only grant a waiver under paragraph (1)(A) if the Secretary has received a certification from the State insurance commissioner that the prescription drug plan has a substantially complete application pending in the State.
“(B) REVOCATION OF WAIVER UPON FINDING OF FRAUD AND ABUSE.—The Secretary shall revoke a waiver granted under paragraph (1)(A) if the State insurance commissioner submits a certification to the Secretary that the recipient of such a waiver—
“(i) has committed fraud or abuse with respect to such waiver;
“(ii) has failed to make a good faith effort to satisfy State licensing requirements; or
“(iii) was determined ineligible for licensure by the State.”.
(b) Exception for PACE programs.—Section 1860D–21(f) of such Act (42 U.S.C. 1395w–131(f)) is amended—
(1) in paragraph (1), by striking “paragraphs (2) and (3)” and inserting “the succeeding paragraphs”; and
(2) by adding at the end the following new paragraph:
“(4) INAPPLICABILITY OF CERTAIN LICENSURE WAIVER REQUIREMENTS.—The provisions of paragraph (1) of section 1860D–12(c) (relating to waiver of licensure under certain circumstances) shall apply without regard to paragraph (5) of such section in the case of a PACE program that elects to provide qualified prescription drug coverage to a part D eligible individual who is enrolled under such program.”.
(b) Effective date.—The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2010.
(a) Additional telehealth site.—
(1) IN GENERAL.—Paragraph (4)(C)(ii) of section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new subclause:
“(IX) A renal dialysis facility.”
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to services furnished on or after January 1, 2011.
(b) Telehealth Advisory Committee.—
(1) ESTABLISHMENT.—Section 1868 of the Social Security Act (42 U.S.C. 1395ee) is amended—
(A) in the heading, by adding at the end the following: “telehealth advisory committee”; and
(B) by adding at the end the following new subsection:
“(c) Telehealth advisory committee.—
“(1) IN GENERAL.—The Secretary shall appoint a Telehealth Advisory Committee (in this subsection referred to as the ‘Advisory Committee’) to make recommendations to the Secretary on policies of the Centers for Medicare & Medicaid Services regarding telehealth services as established under section 1834(m), including the appropriate addition or deletion of services (and HCPCS codes) to those specified in paragraphs (4)(F)(i) and (4)(F)(ii) of such section and for authorized payment under paragraph (1) of such section.
“(i) IN GENERAL.—The Advisory Committee shall be composed of 9 members, to be appointed by the Secretary, of whom—
“(I) 5 shall be practicing physicians;
“(II) 2 shall be practicing non-physician health care practitioners; and
“(III) 2 shall be administrators of telehealth programs.
“(ii) REQUIREMENTS FOR APPOINTING MEMBERS.—In appointing members of the Advisory Committee, the Secretary shall—
“(I) ensure that each member has prior experience with the practice of telemedicine or telehealth;
“(II) give preference to individuals who are currently providing telemedicine or telehealth services or who are involved in telemedicine or telehealth programs;
“(III) ensure that the membership of the Advisory Committee represents a balance of specialties and geographic regions; and
“(IV) take into account the recommendations of stakeholders.
“(B) TERMS.—The members of the Advisory Committee shall serve for such term as the Secretary may specify.
“(C) CONFLICTS OF INTEREST.—An advisory committee member may not participate with respect to a particular matter considered in an advisory committee meeting if such member (or an immediate family member of such member) has a financial interest that could be affected by the advice given to the Secretary with respect to such matter.
“(3) MEETINGS.—The Advisory Committee shall meet twice each calendar year and at such other times as the Secretary may provide.
“(4) PERMANENT COMMITTEE.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.”
(2) FOLLOWING RECOMMENDATIONS.—Section 1834(m)(4)(F) of such Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end the following new clause:
“(iii) RECOMMENDATIONS OF THE TELEHEALTH ADVISORY COMMITTEE.—In making determinations under clauses (i) and (ii), the Secretary shall take into account the recommendations of the Telehealth Advisory Committee (established under section 1868(c)) when adding or deleting services (and HCPCS codes) and in establishing policies of the Centers for Medicare & Medicaid Services regarding the delivery of telehealth services. If the Secretary does not implement such a recommendation, the Secretary shall publish in the Federal Register a statement regarding the reason such recommendation was not implemented.”
(3) WAIVER OF ADMINISTRATIVE LIMITATION.—The Secretary of Health and Human Services shall establish the Telehealth Advisory Committee under the amendment made by paragraph (1) notwithstanding any limitation that may apply to the number of advisory committees that may be established (within the Department of Health and Human Services or otherwise).
(c) Hospital credentialing of telemedicine physicians and practitioners.—
(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance for hospitals (as defined in paragraph (4)) to simplify requirements regarding compiling practitioner credentials for the purpose of rendering a medical staff privileging decision (under bylaws of the type described in section 1861(e)(3) of the Social Security Act) for physicians and practitioners (as defined in paragraph (4)) delivering telehealth services that are furnished via a telecommunications system.
(2) FLEXIBILITY IN ACCEPTING CREDENTIALING BY ANOTHER MEDICARE PARTICIPATING HOSPITAL.—
(A) IN GENERAL.—Such guidance shall permit a hospital to accept credentialing packages compiled by another hospital participating under Medicare with regard to physicians and practitioners who seek medical staff privileges in the hospital to provide telehealth services via a telecommunications system from a site other than the hospital where the patient is located.
(B) CONSTRUCTION.—Nothing in this subsection shall be construed to require a hospital to accept the credentialing package compiled by another facility.
(C) NO OVERSIGHT REQUIRED.—If a hospital does accept the credentialing materials prepared by another hospital, the hospital shall not be required to exercise oversight over the other hospital’s process for compiling and verifying credentials.
(D) PRIVILEGING.—This paragraph shall only apply to credentialing and does not relieve a hospital from any applicable privileging requirements.
(3) CONSTRUCTION.—This subsection shall not be construed as limiting the ability of the Secretary to issue additional guidance regarding the requirements for the compilation of credentials for physicians and practitioners not described in paragraph (1).
(4) DEFINITIONS.—In this subsection:
(A) The term “hospital” has the meaning given such term in subsection (e) of section 1861 of the Social Security Act (42 U.S.C. 1395x) and includes a critical access hospital (as defined in subsection (mm)(1) of such section).
(B) The term “physician” has the meaning given such term in subsection (r) of such section.
(C) The term “practitioner” means a practitioner described in section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)).
Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)) is amended—
(A) in the first sentence, by striking `“2010” and inserting “2012”; and
(B) in the second sentence, by striking “or 2009” and inserting “, 2009, 2010, or 2011”; and
(2) in subclause (III), by striking “January 1, 2010” and inserting “January 1, 2012”.
(a) In general.—Subsection (a) of section 106 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395 note), as amended by section 117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173) and section 124 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275), is amended by striking “September 30, 2009” and inserting “September 30, 2011”.
(b) Use of particular wage index for fiscal year 2010.—For purposes of implementation of the amendment made by subsection (a) for fiscal year 2010, the Secretary shall use the hospital wage index that was promulgated by the Secretary in the Federal Register on August 27, 2009 (74 Fed. Reg. 43754), and any subsequent corrections.
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, 2010” and inserting “before January 1, 2012”.
Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106–554), as amended by section 732 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395w–4 note), section 104 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395w–4 note), section 104 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173), and section 136 of the Medicare Improvements for Patients and Providers Act of 1008 (Public Law 110–275), is amended by striking “and 2009” and inserting “2009, 2010, and 2011”.
(a) In general.—Section 1834(l)(13) of the Social Security Act (42 U.S.C. 1395m(l)(13)) is amended—
(A) in the matter preceding clause (i), by striking “before January 1, 2010” and inserting “before January 1, 2012”; and
(B) in each of clauses (i) and (ii), by striking “before January 1, 2010” and inserting “before January 1, 2012”.
(b) Air ambulance improvements.—Section 146(b)(1) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275) is amended by striking “ending on December 31, 2009” and inserting “ending on December 31, 2011”.