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H.R.5324
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 2000
(Introduced in the House)
SEC. 244. ELIMINATION OF REDUCTION IN PAYMENT AMOUNTS FOR DURABLE MEDICAL EQUIPMENT AND OXYGEN AND OXYGEN EQUIPMENT .
(a) UPDATE FOR COVERED ITEMS- Section 1834(a)(14)(C) (42 U.S.C.
1395m(a)(14)(C)) is amended by striking `through 2002' and inserting `through
2000'.
(b) ORTHOTICS AND PROSTHETICS- Section 1834(h)(4)(A)(v) (42 U.S.C.
1395m(h)(4)(A)(v)) is amended by striking `through 2002' and inserting
`through 2000'.
(c) PARENTERAL AND ENTERAL NUTRIENTS, SUPPLIES, AND EQUIPMENT - Section 4551(b) of BBA (42
U.S.C. 1395m note) is amended by striking `through 2002' and inserting
`through 2000'.
(d) OXYGEN AND OXYGEN EQUIPMENT - Section 1834(a)(9)(B) (42
U.S.C. 1395m(a)(9)(B)) is amended--
(1) in clause (v), by striking `and' at the end;
(A) by striking `each subsequent year' and inserting `2000';
and
(B) by striking the period at the end and inserting `; and';
and
(3) by adding at the end the following new clause:
`(vii) for 2001 and each subsequent year, the amount determined
under this subparagraph for the preceding year increased by the covered
item update for such subsequent year.'.
(e) CONFORMING AMENDMENT- Section 228 of BBRA (113 Stat. 1501A-356) is
repealed.
SEC. 245. STANDARDS REGARDING PAYMENT FOR CERTAIN ORTHOTICS AND
PROSTHETICS.
(1) IN GENERAL- Section 1834(h)(1) (42 U.S.C. 1395m(h)(1)) is amended by
adding at the end the following:
`(F) ESTABLISHMENT OF STANDARDS FOR CERTAIN ITEMS-
`(i) IN GENERAL- No payment shall be made for an applicable item
unless such item is provided by a qualified practitioner or a qualified
supplier under the system established by the Secretary under clause
(iii). For purposes of the preceding sentence, if a qualified
practitioner or a qualified supplier contracts with an entity to provide
an applicable item, then no payment shall be made for such item unless
the entity is also a qualified supplier.
`(ii) DEFINITIONS- In this subparagraph--
`(I) APPLICABLE ITEM- The term `applicable item' means orthotics
and prosthetics that require education, training, and experience to
custom fabricate such item. Such term does not include shoes and shoe
inserts.
`(II) QUALIFIED PRACTITIONER- The term `qualified practitioner'
means a physician or health professional who meets any of the
following requirements:
`(aa) The physician or health professional is specifically trained
and educated to provide or manage the provision of custom-designed, fabricated,
modified, and fitted orthotics and prosthetics, and is either certified by the
American Board for Certification in Orthotics and Prosthetics, Inc., certified
by the Board for Orthotist/Prosthetist Certification, or credentialed and
approved by a program that the Secretary determines, in consultation with
appropriate experts in orthotics and prosthetics, has training and education
standards that are necessary to provide applicable items.
`(bb) The physician or health professional is licensed in orthotics
or prosthetics by the State in which the applicable item is supplied, but only
if the Secretary determines that the mechanisms used by the State to provide
such licensure meet standards determined appropriate by the Secretary.
`(cc) The physician or health professional has completed at least 10
years practice in the provision of applicable items. A physician or health
professional may not qualify as a qualified practitioner under the preceding
sentence with respect to an applicable item if the item was provided on or after
January 1, 2005.
`(III) QUALIFIED SUPPLIER- The term `qualified supplier' means any
entity that is--
`(aa) accredited by the American Board for Certification in Orthotics
and Prosthetics, Inc. or the Board for Orthotist/Prosthetist Certification;
or
`(bb) accredited and approved by a program that the Secretary
determines has accreditation and approval standards that are essentially
equivalent to those of such Board.
`(iii) SYSTEM- The Secretary, in consultation with appropriate
experts in orthotics and prosthetics, shall establish a system under
which the Secretary shall--
`(I) determine which items are applicable items and formulate a
list of such items;
`(II) review the applicable items billed under the coding system
established under this title; and
`(III) limit payment for applicable items pursuant to clause
(i).'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to
items provided on or after January 1, 2003.
(b) REVISION OF DEFINITION OF ORTHOTICS-
(1) IN GENERAL- Section 1861(s)(9) (42 U.S.C. 1395x(s)(9)) is amended by
inserting `(including such braces that are used in conjunction with, or as
components of, other medical
or non-medical equipment when provided by a
qualified practitioner (as defined in subclause (II) of section
1834(h)(1)(F))) or a qualified supplier (as defined in subclause (III) of
such section)' after `braces'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to
items provided on or after January 1, 2003.
SEC. 246. NATIONAL LIMITATION
AMOUNT EQUAL TO 100 PERCENT OF NATIONAL MEDIAN FOR NEW PAP SMEAR
TECHNOLOGIES AND OTHER NEW CLINICAL LABORATORY TEST TECHNOLOGIES.
Section 1833(h)(4)(B)(viii) (42 U.S.C. 1395l(h)(4)(B)(viii)) is amended by
inserting before the period at the end the following: `(or 100 percent of such
median in the case of a clinical diagnostic laboratory test performed on or
after January 1, 2001, that the Secretary determines is a new test for which
no limitation amount has previously been established under this
subparagraph)'.
SEC. 247. INCREASED MEDICARE
PAYMENTS FOR CERTIFIED NURSE-MIDWIFE SERVICES.
(a) AMOUNT OF PAYMENT- Section 1833(a)(1)(K) (42 U.S.C. 1395l(a)(1)(K)) is
amended by striking `65 percent of the prevailing charge that would be allowed
for the same service performed by a physician, or, for services furnished on
or after January 1, 1992, 65 percent' and inserting `85 percent'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
services furnished on or after January 1, 2001.
SEC. 248. PAYMENT FOR ADMINISTRATION OF DRUGS.
(a) REVIEW OF CHEMOTHERAPY ADMINISTRATION PRACTICE EXPENSES RVUS- The
Secretary of Health and Human Services shall review the resource-based
practice expense component of relative value units under the physician fee
schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for
chemotherapy administration services to determine if such units should be
increased.
(b) MORE ACCURATE CHEMOTHERAPY DRUG PAYMENTS TIED TO INCREASES IN
CHEMOTHERAPY ADMINISTRATION PAYMENTS- If the Secretary of Health and Human
Services determines, as a result of the review under subsection (a), that the
resource-based practice expense relative value units for chemotherapy
administration services should be increased, the Secretary--
(1) may implement such increases for such services, but only if the
Secretary simultaneously implements more accurate average wholesale prices
for chemotherapy drugs (but in no case shall such simultaneous
implementation occur prior to January 1, 2002); and
(2) if the Secretary implements such increases for such services, shall
do so without taking into account the requirement under the physician fee
schedule under section 1848(c)(2)(B)(ii)(II) of the Social Security Act (42
U.S.C. 1395w-4(c)(2)(B)(ii)(II)).
(c) BLOOD CLOTTING DRUG-RELATED ACTIVITIES-
(1) COVERAGE - Section
1861(s)(2)(I) (42 U.S.C. 1395x(s)(2)(I)) is amended--
(A) by striking `and' after `supervision,'; and
(B) by inserting the following before the semicolon: `, and the costs
(pursuant to section 1834(n)) incurred by suppliers of such
factors'.
(2) PAYMENTS- Section 1834 (42 U.S.C. 1395m), as amended by section
233(b), is amended by adding at the end the following new subsection:
`(n) PAYMENT FOR BLOOD CLOTTING DRUG-RELATED ACTIVITIES-
`(1) IN GENERAL- The Secretary shall make payments in accordance with
paragraph (2) to suppliers of blood clotting factors (as described in
section 1861(s)(2)(I)) to cover the costs (such as shipping, storage,
inventory control, or other costs specified by the Secretary) incurred by
such suppliers in furnishing such factors to individuals enrolled under this
part.
`(2) PAYMENT AMOUNT- The amount of payment for furnishing such blood
clotting factors (as so described) shall be an amount equal to 80 percent of
the lesser of--
`(A) the actual charge for the furnishing of such factors; or
`(B) an amount equal to 10 cents (or such other amount determined
appropriate by the Secretary) per unit of such factor
furnished.'.
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply
to blood clotting factors (as described in section 1861(s)(2)(I) of the
Social Security Act (42 U.S.C. 1395x(s)(2)(I))) furnished on or after the
date that the Secretary of Health and Human Services implements more
accurate average wholesale prices for such factors.
SEC. 249. MEDPAC STUDY ON IN-HOME INFUSION THERAPY NURSING SERVICES.
(a) STUDY- The Medicare
Payment Advisory Commission established under section 1805 of the Social
Security Act (42 U.S.C. 1395b-6) (in this section referred to as `MedPAC')
shall conduct a study on the provision of in-home infusion therapy nursing
services, including a review of any documentation of clinical efficacy for
those services and any costs associated with providing those services.
(b) REPORT- Not later than 18 months after the date of enactment of this
Act, MedPAC shall submit a report to the Secretary of Health and Human
Services and Congress on the study and review conducted under subsection (a)
together with recommendations regarding the establishment of a payment
methodology for in-home infusion therapy nursing services that ensures the
continuing access of beneficiaries under the medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) to those services.
SEC. 250. COVERAGE OF VISION
REHABILITATION SERVICES.
(a) COVERAGE - Section
1861(s)(2) (42 U.S.C. 1395x(s)(2)) is amended--
(1) by striking `and' at the end of subparagraph (S);
(2) by striking the period at the end of (T) and inserting `; and';
and
(3) by adding at the end the following new subparagraph:
`(U) vision rehabilitation services (as defined in subsection
(uu)(1)).'.
(b) SERVICES DESCRIBED- Section 1861 (42 U.S.C. 1395x), as amended by
sections 232, 233(a), and 234(b), is further amended by adding at the end the
following new subsection:
`Vision Rehabilitation Services; Vision Rehabilitation Professional
`(xx)(1) The term `vision rehabilitation services' means a program of
restorative services (as determined by the Secretary in regulations) furnished
by a vision rehabilitation professional (as defined in paragraph (2)) to an
individual diagnosed with a vision impairment (as defined in paragraph (6)) to
promote the independence and safety of the individual notwithstanding such
impairment, such services furnished pursuant to a plan of care established by
a physician (as defined in paragraph (1) or (4) of subsection (r)).
`(2) The term `vision rehabilitation professional' means any of the
following individuals:
`(A) An orientation and mobility specialist (as defined in paragraph
(3)).
`(B) A rehabilitation teacher (as defined in paragraph (4)).
`(C) A low vision therapist (as defined in paragraph (5)).
`(3)(A) The term `orientation and mobility specialist' means an
individual--
`(i) who holds a baccalaureate or higher degree granted by a regionally
accredited college or university in the United States (or an equivalent
foreign degree) in rehabilitation, special education, or a health field with
a university-based program of study and clinical experience in orientation
and mobility (as defined in subparagraph (B)); and
`(ii)(I) who is licensed or certified as an orientation and mobility
specialist by the State in which the orientation and mobility services are
performed; or
`(II) in the case of an individual furnishing orientation and mobility
services in a State which does not provide for licensure or
certification--
`(aa) who has successfully completed 350 hours of clinical practicum
under the supervision of an orientation and mobility specialist holding a
master's degree or higher, and who has furnished not less than 9 months of
supervised full-time orientation and mobility services after obtaining a
degree described in clause (i); and
`(bb) who has successfully completed a national examination in
orientation and mobility administered by a national organization specifically
dedicated to performing credentialing of orientation and mobility
specialists that is recognized by the Secretary, and who meets such other
criteria as the Secretary establishes.
`(B) The term `orientation and mobility' means the following services:
`(i) Assessment of needs of an individual who has a vision impairment
for skills training in methods of safe movement and in strategies to gather
required environmental and spatial information.
`(ii) Development of appropriate integrated service plans tailored to
meet such needs identified pursuant to an assessment under clause (i).
`(iii) Provision of training in and utilization of--
`(I) equipment and
adaptive devices intended and designed for use by such an individual;
and
`(II) specialized techniques adapted for such individuals, including
orientation, sensory development, systems of safe movement (including long
cane techniques), resource identification, professional referrals (as
appropriate), and, in applied settings reinforcing instruction for the use
of optical devices as prescribed by optometrists and
ophthalmologists.
`(iv) Evaluation of the progress in performance of such an individual
receiving training under clause (iii).
`(4)(A) The term `rehabilitation teacher' means an individual--
`(i) who holds a baccalaureate or higher degree granted by a regionally
accredited college or university in the United States (or an equivalent
foreign degree) in rehabilitation, special education, or a health field with
a university-based program of study and clinical experience in
rehabilitation teaching (as defined in subparagraph (B)); and
`(ii)(I) who is licensed or certified as a rehabilitation teacher by the
State in which the rehabilitation teaching services are performed; or
`(II) in the case of an individual furnishing rehabilitation teaching
services in a State which does not provide for licensure or
certification--
`(aa) who has successfully completed 350 hours of clinical practicum
under the supervision of a rehabilitation teacher holding a master's
degree or higher, and who has furnished not less than 9 months of
supervised full-time rehabilitation teaching services after obtaining a
degree described in clause (i); and
`(bb) who has successfully completed a national examination in
rehabilitation teaching administered by a national organization specifically
dedicated to performing credentialing of rehabilitation teachers that is
recognized by the Secretary, and who meets such other criteria as the
Secretary establishes.
`(B) The term `rehabilitation teaching' means the following services:
`(i) Assessment of needs of an individual with a vision impairment for
skills training in independent living and communications.
`(ii) Development of appropriate integrated service plans tailored to
meet such needs identified pursuant to an assessment under clause (i).
`(iii) Provision of training in, and utilization of--
`(I) equipment and
adaptive devices intended and designed for use by such an individual,
including, in applied settings, reinforcing instruction for the use of
optical devices as prescribed by optometrists or ophthalmologists;
and
`(II) specialized techniques adapted for such an individual, including
braille and other communication skills, personal self-care skills, and
home management skills.
`(iv) Evaluation of the progress in performance of such an individual
receiving training under clause (iii).
`(5)(A) The term `low vision therapist' means an individual--
`(I) a baccalaureate or higher degree granted by a regionally
accredited college or university in the United States (or an equivalent
foreign degree) in rehabilitation, special education, or a health field
with a university-based program of study and clinical experience in
orientation and mobility, rehabilitation teaching, or teaching the
visually impaired;
`(II) a master's of science degree granted by a regionally accredited
college or university in the United States (or an equivalent foreign
degree) in low vision rehabilitation; or
`(III) a baccalaureate or higher degree granted by a regionally
accredited college or university in the United States (or an equivalent
foreign degree) in occupational therapy;
`(ii) who after obtaining a degree described in clause (i) has performed
at least 2 years of low vision therapy (as defined in subparagraph (B))
under the supervision of an optometrist or ophthalmologist in an appropriate
setting (as determined by the Secretary); and
`(iii)(I) who is licensed or certified as a low vision therapist by the
State in which the services are performed; or
`(II) in the case of an individual in a State which does not provide for
licensure or certification, who has successfully completed a national examination in low vision
therapy administered by a national organization specifically
dedicated to performing credentialing of low vision therapists that is
recognized by the Secretary, and who meets such other criteria as the
Secretary establishes.
`(B) The term `low vision therapy' means the following services furnished
to an individual and based upon the clinical findings of a low vision
examination conducted on the individual by an optometrist or an
ophthalmologist:
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