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H.R.1344
Triple-A Rural Health Improvement Act of 1999 (Introduced in the
House)
SEC. 105. GRADUATE MEDICAL EDUCATION TECHNICAL AMENDMENTS.
(a) INDIRECT GRADUATE MEDICAL EDUCATION ADJUSTMENT-
(1) IN GENERAL- Section 1886(d)(5)(B)(v) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)(v)) is amended to read as follows:
`(v)(I) In determining the adjustment with respect to a hospital that
sponsors more than one allopathic or osteopathic residency training program
for discharges occurring on or after October 1, 1997, the total number of
full-time equivalent interns and residents in the fields of allopathic and
osteopathic medicine in either a hospital or nonhospital setting may not
exceed the number of such full-time equivalent interns and residents who
participated, or who but for an approved leave would have participated, in
the hospital's approved medical residency training programs
for the hospital's most recent cost reporting period ending on or before
December 31, 1996.
`(II) In determining the adjustment with respect to a hospital that
sponsors only one allopathic or osteopathic residency program for discharges
occurring on or after October 1, 1997, the total number of full-time
equivalent interns and residents in the fields of allopathic and osteopathic
medicine who participated, or who but for an approved leave would have
participated, in the hospital's medical residency training program
may be increased by not more than one for any calendar year, and may not
exceed a total of three more than the number appointed in either a hospital
or nonhospital setting for the hospital's most recent cost reporting period
ending on or before December 31, 1996.'.
(2) TECHNICAL AMENDMENTS- Section 1886(d)(5)(B) of such Act (42 U.S.C.
1395ww(d)(5)(B)) is amended by moving clauses (ii) and (vi) two ems to the
left.
(b) DIRECT GRADUATE MEDICAL EDUCATION ADJUSTMENT-
(1) LIMITATION ON NUMBER OF RESIDENTS- Section 1886(h)(4)(F) of the
Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended by inserting `who
participated, or who but for an approved leave would have participated, in
the hospital's medical
residency training programs' after `may not exceed the number of such
full-time equivalent residents'.
(A) NEW PROGRAMS- The first sentence of section 1886(h)(4)(H)(i) of
such Act (42 U.S.C. 1935ww(h)(4)(H)(i)) is amended by inserting `and
before September 30, 1999' after `January 1, 1995'.
(B) PROGRAMS MEETING RURAL NEEDS- The second sentence of such section
is amended by striking the period at the end and inserting `, including
facilities that are not located in an underserved rural area but have
established separately accredited approved medical residency training
programs in such an area.'.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect
as if included in the enactment of the Balanced Budget Act of 1997.
SEC. 106. MEDICARE-DEPENDENT SMALL RURAL HOSPITALS.
(a) REDUCTION IN ELIGIBILITY DISCHARGE PERCENTAGE- Section
1886(d)(5)(G)(iv)(IV) of the Social Security Act (42 U.S.C.
1395ww(d)(5)(G)(iv)(IV)) is amended by striking `60' and inserting `50'.
(b) REBASING FOR DISCHARGES DURING THE MOST CURRENT AUDITED FISCAL YEAR-
Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D) is
amended--
(1) in the second sentence, by striking `beginning during fiscal year
1987' and inserting `ending during fiscal year 1998'; and
(2) by adding at the end the following new sentence: `An increase in the
target amount by reason of the previous sentence shall have no effect on the
classification of a hospital as a medicare-dependent, small rural
hospital.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply with
respect to discharges occurring on or after October 1, 1999.
SEC. 107. GEOGRAPHIC RECLASSIFICATION FOR PURPOSES OF DSH PAYMENTS.
(a) IN GENERAL- Section 1886(d)(10)(C)(i) of the Social Security Act (42
U.S.C. 1395ww(d)(10)(C)(i)) is amended--
(1) by striking `or' at the end of subclause (I);
(2) by striking the period at the end of subclause (II) and inserting `,
or'; and
(3) by adding at the end the following new subclause:
`(III) eligibility for and amount of additional payments under paragraph
(5)(F).
In the case of a hospital with an application approved under subclause (I)
to change the hospital's geographic classification for a fiscal year, such
change in the hospital's geographic classification for that fiscal year shall
apply to such hospital for purposes of subclause (III).'.
(b) APPLICABLE GUIDELINES- Section 1886(d)(10)(D) of such Act (42 U.S.C.
1395ww(d)(10)(D)) is amended--
(1) in clause (i), by adding at the end the following new
subclause:
`(V) Guidelines for considering applications under subparagraph
(C)(i)(III) of determining eligibility for and amount of additional payments
under paragraph (5)(F).';
(2) by redesignating clause (iv) as clause (v);
(3) by inserting after clause (iii) the following new clause:
`(iv) Under the guidelines published by the Secretary under clause (i)(V),
the Board shall not reject an application to change a hospital's geographic
classification under subparagraph (C)(i)(I) because the change in the
hospital's geographic classification for that fiscal year does not result in
an increase in the average standardized amount for that hospital.'; and
(4) in clause (v), as so redesignated by paragraph (2)--
(A) by inserting `(I)' after `(v)';
(B) by striking `The' and inserting `Except as provided in subclause
(II), the'; and
(C) by adding at the end the following new subclause:
`(II) The Secretary shall publish the guidelines described in subclause
(V) of clause (i) by January 1, 2000.'.
(c) EFFECTIVE DATE- The amendments made by subsection (a) take effect on
January 1, 2000, and apply with respect to applications for geographic
reclassification submitted for cost reporting periods beginning on or after
such date.
SEC. 108. REVISION OF GUIDELINES FOR GEOGRAPHIC RECLASSIFICATION BY WAGE
INDEX.
(a) AVERAGE HOURLY WAGE WEIGHTED FOR OCCUPATIONAL MIX- Section
1886(d)(10)(D)(i)(I) of the Social Security Act (42 U.S.C.
1395ww(d)(10)(D)(i)(I)) is amended to read as follows:
`(I) Guidelines for comparing a hospital's average hourly wage to the
average hourly wage of hospitals in the area in which the hospital is
classified, guidelines for comparing a hospital's average hourly wage to the
average hourly wage of hospitals in the area in which the hospital is
applying to be classified, and guidelines for comparing a hospital's average
hourly wage adjusted by the occupational mix of the area in which the
hospital is applying to be classified to the average hourly wage of
hospitals in such area.'.
(b) DATA COLLECTION REQUIREMENT- Section 1886(d)(10)(D) of such Act (42
U.S.C. 1395ww(d)(10)(D)), as amended by section 107(b), is further
amended--
(1) by redesignating clause (v) as clause (vi);
(2) by inserting after clause (iv) the following new clause:
`(v) For purposes of considering an application under subparagraph
(C)(i)(II), the Secretary shall collect and update every three years such
information as is necessary to compare a hospital's wages weighted by the
occupational mix of hospitals in the area in which the hospital is applying to
be classified, or the Board shall, in considering such an application, apply
the most current available information with respect to such wages collected by
the American Hospital Association.'; and
(3) in clause (vi), as so redesignated by paragraph (1), by inserting
`subclause (I), as amended by the Triple-A Rural Health Improvement Act of
1999, and' before `subclause (III) of clause (i) by January 1, 2000.'.
(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) take
effect on January 1, 2000, and apply with respect to applications for
geographic reclassification for cost reporting periods beginning on or after
such date.
(d) REPORT TO CONGRESS- Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
describing revised methodology to compute hospital wage indices, for purposes
of adjustments in payment amounts to hospitals under the medicare program,
that reflect legitimate differences in hospital wage rates by area, but that
do not rely on average per employee expenditures.
(e) SENSE OF CONGRESS- It is the Sense of the Congress that the adjustment
in payment amounts to hospitals under the medicare program to reflect
variations in the costs of wages and wage-related costs of hospitals, under
section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)),
should only be used with respect to payments made on a prospective basis to
such hospitals for inpatient hospital services. Such adjustment should not be
applied to payment amounts for any other item or service reimbursed under the
medicare program.
SEC. 109. HOSPITAL GEOGRAPHIC RECLASSIFICATION FOR LABOR COSTS FOR ALL ITEMS
AND SERVICES REIMBURSED UNDER PROSPECTIVE PAYMENT SYSTEMS.
(a) IN GENERAL- Section 1886 of the Social Security Act (42 U.S.C. 1395ww)
is amended by adding at the end the following new subsection:
`(l) APPLICATION OF HOSPITAL GEOGRAPHIC RECLASSIFICATION FOR INPATIENT
SERVICES TO ALL HOSPITAL FURNISHED ITEMS AND SERVICES REIMBURSED UNDER
PROSPECTIVE PAYMENT SYSTEM-
`(1) IN GENERAL- In the case of a hospital with an application to the
Medicare Geographic Classification Review Board under subsection (d)(10)(C)
to change the hospital's geographic classification for a fiscal year for
purposes of the factor used to adjust the DRG prospective payment rate for
area differences in hospital wage levels that applies to such hospital under
subsection (d)(3)(E) that has been approved, the change in the hospital's
geographic classification for such purposes shall apply for purposes of
adjustments to payments for variations in costs which are attributable to
wages and wage-related costs for all pps-reimbursed items and
services.
`(2) PPS-REIMBURSED ITEMS AND SERVICES DEFINED- For purposes of
paragraph (1), the term `pps-reimbursed items and services' means, for cost
reporting periods beginning during the fiscal year for which such change has
been approved, items and services furnished by the hospital, or by an entity
or department of the hospital which is provider-based (as determined by the
Secretary), for which payments--
`(A) are made under this title on a prospective basis; and
`(B) are adjusted for variations in costs which are attributable to
wages and wage-related costs.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
items and services furnished on or after January 1, 2000.
Subtitle B--Medicare+Choice
SEC. 111. PAYMENTS TO MEDICARE+CHOICE ORGANIZATIONS.
(a) ADJUSTMENT TO CALCULATION OF ANNUAL CAPITATION RATES- Section 1853(c)
of the Social Security Act (42 U.S.C. 1395w-23(c)) is amended--
(A) in subparagraph (A), by striking the comma at the end of clause
(ii) and all that follows before the period; and
(B) in subparagraph (C)(ii), by inserting `multiplied by the budget
neutrality adjustment factor determined under paragraph (5)' before the
period at the end; and
(2) in paragraph (5), by striking `paragraph (1)(A)' and inserting
`paragraph (1)(C)(ii)'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
rates calculated for years after 1999.
SEC. 112. REPEAL OF PHASE OUT OF CERTAIN MEDICARE REASONABLE COST
REIMBURSEMENT CONTRACTS.
Section 1876(h)(5) of the Social Security Act (42 U.S.C. 1395mm(h)(5)) is
amended--
(1) by striking `(5)(A)' and inserting `(5)'; and
(2) by striking subparagraph (B).
SEC. 113. MEDICARE+CHOICE RURAL DEMONSTRATION PROJECT.
(a) ESTABLISHMENT OF PROJECT- For purposes of expanding and improving the
quality of items and services furnished under the medicare program to medicare
beneficiaries residing in rural and frontier areas, the Secretary of Health
and Human Services (in this section referred to as the `Secretary') shall
conduct demonstration projects under which the Secretary shall establish, and
provide for payment for such items and services to, provider-sponsored
organizations and other managed care entities that are based in rural and
frontier areas.
(b) REQUIREMENT OF RURAL AND FRONTIER AREAS- The Secretary shall designate
areas in which projects under this section shall be conducted. Such projects
may only be conducted in rural or frontier areas, as defined under title XVIII
of the Social Security Act and under regulations promulgated thereunder.
(c) PROJECT IMPLEMENTATION-
(1) IN GENERAL- The Secretary shall establish a benefit design, and
establish payment amounts for items and services furnished by such
provider-sponsored organizations and managed care entities to medicare
beneficiaries.
(2) DATA COLLECTION- The Secretary shall provide for the collection of
information (including information concerning quality and access to care),
for purposes of evaluating the results of the project.
(1) IN GENERAL- Not later than two years after the Secretary implements
the demonstration projects under this section, and annually thereafter, the
Secretary shall submit to Congress a report regarding such demonstration
projects.
(2) CONTENTS OF REPORT- The report in paragraph (1) shall include the
following:
(A) A description of the demonstration projects conducted under this
section.
(i) the viability of such provider-sponsored organizations and
managed care entities operating in rural and frontier areas;
(ii) the quality of the health care services provided to medicare
beneficiaries residing in such areas under the demonstration projects;
and
(iii) beneficiary and health care provider satisfaction under the
demonstration project.
(C) Any other information regarding the demonstration projects
conducted under this section that the Secretary determines to be
appropriate.
(e) WAIVER AUTHORITY- The Secretary of Health and Human Services may waive
such requirements of title XVIII of the Social Security Act (as amended by
this Act) as may be necessary for the purposes of carrying out the project.
Subtitle C--General Payment Provisions
SEC. 121. DIRECT MEDICARE PAYMENT FOR PHYSICIAN ASSISTANTS, NURSE
PRACTITIONERS, AND CLINICAL NURSE SPECIALISTS PRACTICING IN UNDERSERVED RURAL
AREAS.
(a) IN GENERAL- Section 1833(a)(1)(O) of the Social Security Act (42
U.S.C. 1395l(a)(1)(O)) is amended--
(1) by inserting `(or 100 percent in the case of services furnished in
an underserved rural area)' after `85 percent' the first place it
appears.
(b) DIRECT REIMBURSEMENT- Section 1842(b)(6)(C) of such Act (42 U.S.C.
1395u(b)(6)(C)) is amended--
(1) by striking `clause (i) of';
(2) by inserting `, nurse practitioner, or clinical nurse specialist'
after `physician assistant' the first place it appears; and
(3) by amending clause (ii) to read as follows: `(ii) with respect to a
physician assistant, nurse practitioner, or clinical nurse specialist who is
providing services in an underserved rural area, payment may be made
directly to the assistant, practitioner, or specialist;'.
(c) EFFECTIVE DATE- The amendments made by this section apply to services
furnished on or after January 1, 2000.
SEC. 122. COVERAGE OF QUALIFIED MENTAL HEALTH PROFESSIONAL SERVICES UNDER
MEDICARE.
(a) IN GENERAL- Section 1861(s)(2) of the Social Security Act (42 U.S.C.
1395x(s)(2)) is amended--
(1) in subparagraph (S), by striking `and' at the end;
(2) in subparagraph (T), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following new subparagraph:
`(U) qualified mental health professional services (as defined in
subsection (uu));'.
(1) DETERMINATION OF AMOUNT OF PAYMENT- Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking `and' before `(S)'; and
(B) by striking the semicolon at the end and inserting the following:
`, and (T) with respect to qualified mental health professional services
described in section 1861(s)(2)(U), the amounts paid shall be the amount
determined by a fee schedule established by the Secretary for purposes of
this subparagraph;'.
(2) SEPARATE PAYMENT FOR SERVICES OF INSTITUTIONAL PROVIDERS- Section
1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C.
1395k(a)(2)(B)(iii)) is amended--
(A) by striking `and services' and inserting `services'; and
(B) by striking the semicolon at the end and inserting the following:
`, and qualified mental health professional services described in section
1861(s)(2)(U);'.
(c) SERVICES DESCRIBED- Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
`Qualified Mental Health Professional Services
`(uu)(1) The term `qualified mental health professional services' means
such services (with such frequency limits as the Secretary determines
appropriate) furnished by a mental health professional (as defined in
paragraph (2)) and such services and supplies (with such limits) furnished as
an incident to services furnished by the mental health professional that the
mental health professional is legally authorized to perform under State law
(or under a State regulatory mechanism provided by State law), if such
services and supplies are furnished to an individual who resides in an area
designated as a health professional shortage area in accordance with section
332 of the Public Health Service Act (42 U.S.C. 254e).
`(2) The term `mental health professional' means an individual who is
licensed as a mental health professional for the diagnosis and treatment of
mental illnesses by the State (or under a State regulatory mechanism provided
by State law) in which the individual furnishes qualified mental health
professional services.'.
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