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 workforce mobility between urban and rural areas ; Recruitment and retention taking into
Index of Sec 1157. ...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. ...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. ...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 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 0DISCHARGE 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. ...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. ...ANGIOGRAPHIES, angiograms and endoscopies furnished ; Term procedure rooms including rooms in which catheterizations,
Index of Sec 1156. ...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. ...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. ...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 with treatment protocols ; Evaluation of extent to which variation to be attributed to patient preferences and patient
Index of Sec 1159. ...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. ...DISTRIBUTION associated with transportation costs ; Demographic characteristics of individuals served and geographic
Index of 0DISCHARGE ; 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 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. ...DISTRIBUTION associated with transportation costs ; Demographic characteristics of individuals served and geographic
Index of 0ECONOMIC factors including race, ethnicity, gender, age, income and educational status ;
Index of Sec 1159. ...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 ; Maximum amount of funds available under subsection of section for funding for
Index of Sec 1158. ...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. ...EXPENDITURES under title ; Readmissions representing conditions or procedures being high volume or high
Index of Sec 1151. ...EXPENDITURES and expansion of pilot program resulting in estimated spending to be less ; Demonstration program and pilot program reducing program
Index of Sec 1152. ...FINANCING for physician owner or investor in hospital ; Hospital not directly or indirectly providing loans or
Index of Sec 1156. ...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 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 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 2011 and ending with fiscal year 2019 ; Period beginning with
Index of Sec 1158. ...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. ...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 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 areas ; Rates to be established on national basis or different
Index of Sec 1152. ...GEOGRAPHIC measurement including micro areas within larger areas ; Evaluation of extent and range of variation using various units of
Index of Sec 1159. ...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. ...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. ...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 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 0DISCHARGE 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 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 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. ...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. ...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 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. ...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 ; 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 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. ...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. ...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. ...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. ...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. ...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. ...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. ...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. ...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. ...LOAN ; Hospital not directly or indirectly guaranteeing
Index of Sec 1156. ...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 technologies ; Patient access to providers and needed
Index of Sec 1157. ...MEDICARE exceptions to prohibition on certain Physician Referrals making to hospitals ; Limitation on
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. ...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. ...MICRO areas within larger areas ; Evaluation of extent and range of variation using various units of geographic measurement including
Index of Sec 1159. ...MOTION 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. ...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 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. ...DISCHARGES 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 ; 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 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. ...DISCHARGE 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 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. ...PAYMENT reductions to appropriate physician or physicians ; Methods for attributing payments or
Index of Sec 1151. ...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. ...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. ...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. ...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 for physicians' services to be included in bundle and period covered by bundle ;
Index of Sec 1152. ...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. ...PAYMENT reduction for physicians treating patient during initial admission resulting in readmission ; Applying
Index of Sec 1151. ...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. ...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. ...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 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. ...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. ...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. ...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. ...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. ...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. ...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. ...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. ...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. ...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. ...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. ...TITLE ; 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. ...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 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. ...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. ...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 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 01st 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,
(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).