The easiest way to email your members of Congress
Donate NowH.R.5545 - Ensuring the Future Physician Workforce Act of 2008
To amend title XVIII of the Social Security Act to modify Medicare physician reimbursement policies to ensure a future physician workforce, and for other purposes.

Loading Bill Text
Rollover any line of text to comment and/or link to it.
HR 5545 IHCommentsClose CommentsPermalink
To amend title XVIII of the Social Security Act to modify Medicare physician reimbursement policies to ensure a future physician workforce, and for other purposes.CommentsClose CommentsPermalink
March 6, 2008
Mr. BURGESS introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 concernedCommentsClose CommentsPermalink
To amend title XVIII of the Social Security Act to modify Medicare physician reimbursement policies to ensure a future physician workforce, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Ensuring the Future Physician Workforce Act of 2008'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--PAYMENT AND QUALITY INCENTIVES
Sec. 101. Resetting to 2007 the base year for application of sustainable growth rate formula; elimination of sustainable growth rate formula in 2010.CommentsClose CommentsPermalink
Sec. 102. Quality incentives.CommentsClose CommentsPermalink
TITLE II--HEALTH INFORMATION TECHNOLOGY INCENTIVES
Sec. 201. Health information technology (HIT) payment incentive.CommentsClose CommentsPermalink
Sec. 202. Safe harbors to antikickback, civil penalties, and criminal penalties for provision of health information technology and training services.CommentsClose CommentsPermalink
Sec. 203. Exception to limitation on certain physician referrals (under Stark) for provision of Health Information Technology and training services to health care professionals.CommentsClose CommentsPermalink
Sec. 204. Rules of construction regarding use of consortia.CommentsClose CommentsPermalink
TITLE III--INFORMATION AND REPORTS
Sec. 301. Information for physicians on Medicare billings.CommentsClose CommentsPermalink
Sec. 302. Information for beneficiaries on Medicare expenditures.CommentsClose CommentsPermalink
Sec. 303. Collection of data on Medicare savings from physicians' services diversion.CommentsClose CommentsPermalink
Sec. 304. Trustees' ongoing examination of Medicare funding.CommentsClose CommentsPermalink
Sec. 305. Independent study on Medicare Relative Value Unit Scale Update Committee (RUC) process.CommentsClose CommentsPermalink
Sec. 306. Study of reporting requirements on health care disparities.CommentsClose CommentsPermalink
TITLE I--PAYMENT AND QUALITY INCENTIVES
SEC. 101. RESETTING TO 2007 THE BASE YEAR FOR APPLICATION OF SUSTAINABLE GROWTH RATE FORMULA; ELIMINATION OF SUSTAINABLE GROWTH RATE FORMULA IN 2010.
(a) In General- Section 1848(d) of the Social Security Act (
(1) in paragraph (4)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by striking `subparagraph (D)' and inserting `subparagraphs (D) and (G)'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(G) REBASING TO 2007 FOR UPDATE ADJUSTMENTS BEGINNING WITH JULY 1, 2008- In determining the update adjustment factor under subparagraph (B) for 2008, for the period beginning on July 1, 2008, and ending on December 31, 2008, and 2009--CommentsClose CommentsPermalink
`(i) the allowed expenditures for 2007 shall be equal to the amount of the actual expenditures for physicians' services during 2007;CommentsClose CommentsPermalink
`(ii) subparagraph (B)(ii) shall not apply to 2008, for the period beginning on July 1, 2008, and ending on December 31, 2008; andCommentsClose CommentsPermalink
`(iii) the reference in subparagraph (B)(ii)(I) to `April 1, 1996' shall be treated, beginning with 2009, as a reference to `January 1, 2007'.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(9) UPDATING BEGINNING WITH 2010- The update to the single conversion factor for each year beginning with 2010 shall be the percentage increase in the MEI (as defined in section 1842(i)(3)) for that year.'.CommentsClose CommentsPermalink
(b) Conforming Sunset- Section 1848(f)(1)(B) of such Act is amended by inserting `(ending with 2008)' after `each succeeding year'.CommentsClose CommentsPermalink
SEC. 102. QUALITY INCENTIVES.
(a) Extension of Current Transitional Bonus Incentive Payments for 2009- Section 101(c) of division B of the Tax Relief and Health Care Act of 2006 (
(1) in the heading, by striking `and 2008' and inserting `, 2008, and 2009';CommentsClose CommentsPermalink
(2) in paragraph (1), by inserting `(or 3 percent in the case of the reporting periods beginning after December 31, 2008)' after `1.5 percent'; andCommentsClose CommentsPermalink
(3) in paragraph (6)(C)--CommentsClose CommentsPermalink
(A) in clause (i), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in clause (ii), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following new clause:CommentsClose CommentsPermalink
`(III) for 2009, all of 2009.'.CommentsClose CommentsPermalink
(b) Establishment of New Quality Incentive System Effective in 2010-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 1848 of the Social Security Act (
`(k) Physician Quality Incentive System-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall establish a reporting system (in this subsection referred to as the `Physician Quality Incentive System' or `System') for quality measures relating to physicians' services that focuses on disease-specific high cost conditions. Not later than January 1, 2010, the Secretary shall--CommentsClose CommentsPermalink
`(A) identify the 10 health conditions that have the highest proportion of spending under this part, due in part to a gap in patient care, and for which reporting measures are feasible; andCommentsClose CommentsPermalink
`(B) adopt reporting measures on these conditions, based on measures developed by the Physician Consortium of the American Medical Association.CommentsClose CommentsPermalink
`(2) ADD-ON PAYMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall provide, in a form and manner specified by the Secretary, for a bonus or other add-on payment for physicians that submit information required on the conditions identified under paragraph (1).CommentsClose CommentsPermalink
`(B) AMOUNT- Such a bonus or add-on payment shall be equal to 1.0 percent of the payment amount otherwise computed under this section.CommentsClose CommentsPermalink
`(C) TIMELY PAYMENTS- Such a payment shall be made, with respect to information submitted for a month, by not later than 30 days after the date the information is submitted for such month.CommentsClose CommentsPermalink
`(D) DEDUCTIBLE AND COINSURANCE NOT APPLICABLE- Such payment shall not be subject to the deductible or coinsurance otherwise applicable to physicians' services under this part.CommentsClose CommentsPermalink
`(E) USE OF REGISTRY- In carrying out subparagraph (A), the Secretary shall allow the submission of the required information through an appropriate medical registry identified by the Secretary.CommentsClose CommentsPermalink
`(3) MONITORING- The Secretary shall monitor and report to Congress on an annual basis physician participation in the Physician Quality Incentive System, administrative burden encountered by participants, barriers to participation, as well as savings accrued to the Medicare program due to quality care improvements based on measures established under the Physician Quality Incentive System.'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to payment for physicians' services for services furnished in years beginning with 2010.CommentsClose CommentsPermalink
TITLE II--HEALTH INFORMATION TECHNOLOGY INCENTIVES
SEC. 201. HEALTH INFORMATION TECHNOLOGY (HIT) PAYMENT INCENTIVE.
Section 1848 of the Social Security Act is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(m) Health Information Technology Payment Incentives-CommentsClose CommentsPermalink
`(1) STANDARDS- Not later than January 1, 2009, the Secretary shall create standards for the certification of health information technology used in the furnishing of physicians' services.CommentsClose CommentsPermalink
`(2) ADD-ON PAYMENT- The Secretary shall provide for a bonus or other add-on payment for physicians that implement a health information technology system that is certified under paragraph (1). Such a bonus shall be equal to 3.0 percent of the payment amount otherwise computed under this section, except that--CommentsClose CommentsPermalink
`(A) in no case may the total of such bonus and the bonus provided under subsection (k)(2) exceed 6 percent of such payment amount; andCommentsClose CommentsPermalink
`(B) such payments with respect to a physician shall only apply to physicians' services furnished during a period of 36 consecutive months beginning with the first day of the first month after the date of such certification.CommentsClose CommentsPermalink
The bonus payment under this paragraph shall not be subject to the deductible or coinsurance otherwise applicable to physicians' services under this part.'.CommentsClose CommentsPermalink
SEC. 202. SAFE HARBORS TO ANTIKICKBACK, CIVIL PENALTIES, AND CRIMINAL PENALTIES FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY AND TRAINING SERVICES.
(a) For Civil Penalties- Section 1128A of the Social Security Act (
(1) in subsection (b), by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) For purposes of this subsection, inducements to reduce or limit services described in paragraph (1) shall not include the practical or other advantages resulting from health information technology or related installation, maintenance, support, or training services.'; andCommentsClose CommentsPermalink
(2) in subsection (i), by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(8) The term `health information technology' means hardware, software, license, right, intellectual property, equipment, or other information technology (including new versions, upgrades, and connectivity) designed or provided primarily for the electronic creation, maintenance, or exchange of health information to better coordinate care or improve health care quality, efficiency, or research.'.CommentsClose CommentsPermalink
(b) For Criminal Penalties- Section 1128B of such Act (
(1) in subsection (b)(3)--CommentsClose CommentsPermalink
(A) in subparagraph (G), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in the subparagraph (H) added by section 237(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (
(i) by moving such subparagraph 2 ems to the left; andCommentsClose CommentsPermalink
(ii) by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink
(C) in the subparagraph (H) added by section 431(a) of such Act (117 Stat. 2287)--CommentsClose CommentsPermalink
(i) by redesignating such subparagraph as subparagraph (I);CommentsClose CommentsPermalink
(ii) by moving such subparagraph 2 ems to the left; andCommentsClose CommentsPermalink
(iii) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(D) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(J) any nonmonetary remuneration (in the form of health information technology, as defined in section 1128A(i)(8), or related installation, maintenance, support, or training services) made to a person by a specified entity (as defined in subsection (g)) if--CommentsClose CommentsPermalink
`(i) the provision of such remuneration is without an agreement between the parties or legal condition that--CommentsClose CommentsPermalink
`(I) limits or restricts the use of the health information technology to services provided by the physician to individuals receiving services at the specified entity;CommentsClose CommentsPermalink
`(II) limits or restricts the use of the health information technology in conjunction with other health information technology; orCommentsClose CommentsPermalink
`(III) conditions the provision of such remuneration on the referral of patients or business to the specified entity;CommentsClose CommentsPermalink
`(ii) such remuneration is arranged for in a written agreement that is signed by the parties involved (or their representatives) and that specifies the remuneration solicited or received (or offered or paid) and states that the provision of such remuneration is made for the primary purpose of better coordination of care or improvement of health quality, efficiency, or research; andCommentsClose CommentsPermalink
`(iii) the specified entity providing the remuneration (or a representative of such entity) has not taken any action to disable any basic feature of any hardware or software component of such remuneration that would permit interoperability.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(g) Specified Entity Defined- For purposes of subsection (b)(3)(J), the term `specified entity' means an entity that is a hospital, group practice, prescription drug plan sponsor, a Medicare Advantage organization, or any other such entity specified by the Secretary, considering the goals and objectives of this section, as well as the goals to better coordinate the delivery of health care and to promote the adoption and use of health information technology.'.CommentsClose CommentsPermalink
(c) Effective Date and Effect on State Laws-CommentsClose CommentsPermalink
(1) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall take effect on the date that is 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) PREEMPTION OF STATE LAWS- No State (as defined in section 1101(a) of the Social Security Act (
(d) Study and Report To Assess Effect of Safe Harbors on Health System-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Health and Human Services shall conduct a study to determine the impact of each of the safe harbors described in paragraph (3). In particular, the study shall examine the following:CommentsClose CommentsPermalink
(A) The effectiveness of each safe harbor in increasing the adoption of health information technology.CommentsClose CommentsPermalink
(B) The types of health information technology provided under each safe harbor.CommentsClose CommentsPermalink
(C) The extent to which the financial or other business relationships between providers under each safe harbor have changed as a result of the safe harbor in a way that adversely affects or benefits the health care system or choices available to consumers.CommentsClose CommentsPermalink
(D) The impact of the adoption of health information technology on health care quality, cost, and access under each safe harbor.CommentsClose CommentsPermalink
(2) REPORT- Not later than three years after the effective date described in subsection (c)(1), the Secretary of Health and Human Services shall submit to Congress a report on the study under paragraph (1).CommentsClose CommentsPermalink
(3) SAFE HARBORS DESCRIBED- For purposes of paragraphs (1) and (2), the safe harbors described in this paragraph are--CommentsClose CommentsPermalink
(A) the safe harbor under section 1128A(b)(4) of such Act (
(B) the safe harbor under section 1128B(b)(3)(J) of such Act (
SEC. 203. EXCEPTION TO LIMITATION ON CERTAIN PHYSICIAN REFERRALS (UNDER STARK) FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY AND TRAINING SERVICES TO HEALTH CARE PROFESSIONALS.
(a) In General- Section 1877(b) of the Social Security Act (
`(6) INFORMATION TECHNOLOGY AND TRAINING SERVICES-CommentsClose CommentsPermalink
`(A) IN GENERAL- Any nonmonetary remuneration (in the form of health information technology or related installation, maintenance, support or training services) made by a specified entity to a physician if--CommentsClose CommentsPermalink
`(i) the provision of such remuneration is without an agreement between the parties or legal condition that--CommentsClose CommentsPermalink
`(I) limits or restricts the use of the health information technology to services provided by the physician to individuals receiving services at the specified entity;CommentsClose CommentsPermalink
`(II) limits or restricts the use of the health information technology in conjunction with other health information technology; orCommentsClose CommentsPermalink
`(III) conditions the provision of such remuneration on the referral of patients or business to the specified entity;CommentsClose CommentsPermalink
`(ii) such remuneration is arranged for in a written agreement that is signed by the parties involved (or their representatives) and that specifies the remuneration made and states that the provision of such remuneration is made for the primary purpose of better coordination of care or improvement of health quality, efficiency, or research; andCommentsClose CommentsPermalink
`(iii) the specified entity (or a representative of such entity) has not taken any action to disable any basic feature of any hardware or software component of such remuneration that would permit interoperability.CommentsClose CommentsPermalink
`(B) HEALTH INFORMATION TECHNOLOGY DEFINED- For purposes of this paragraph, the term `health information technology' means hardware, software, license, right, intellectual property, equipment, or other information technology (including new versions, upgrades, and connectivity) designed or provided primarily for the electronic creation, maintenance, or exchange of health information to better coordinate care or improve health care quality, efficiency, or research.CommentsClose CommentsPermalink
`(C) SPECIFIED ENTITY DEFINED- For purposes of this paragraph, the term `specified entity' means an entity that is a hospital, group practice, prescription drug plan sponsor, a Medicare Advantage organization, or any other such entity specified by the Secretary, considering the goals and objectives of this section, as well as the goals to better coordinate the delivery of health care and to promote the adoption and use of health information technology.'.CommentsClose CommentsPermalink
(b) Effective Date; Effect on State Laws-CommentsClose CommentsPermalink
(1) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) PREEMPTION OF STATE LAWS- No State (as defined in section 1101(a) of the Social Security Act (
(c) Study and Report To Assess Effect of Exception on Health System-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Health and Human Services shall conduct a study to determine the impact of the exception under section 1877(b)(6) of such Act (
(A) The effectiveness of the exception in increasing the adoption of health information technology.CommentsClose CommentsPermalink
(B) The types of health information technology provided under the exception.CommentsClose CommentsPermalink
(C) The extent to which the financial or other business relationships between providers under the exception have changed as a result of the exception in a way that adversely affects or benefits the health care system or choices available to consumers.CommentsClose CommentsPermalink
(D) The impact of the adoption of health information technology on health care quality, cost, and access under the exception.CommentsClose CommentsPermalink
(2) REPORT- Not later than three years after the effective date described in subsection (b)(1), the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1).CommentsClose CommentsPermalink
SEC. 204. RULES OF CONSTRUCTION REGARDING USE OF CONSORTIA.
(a) Application to Safe Harbor From Criminal Penalties- Section 1128B(b)(3) of the Social Security Act (
(b) Application to Stark Exception- Paragraph (6) of section 1877(b) of the Social Security Act (
`(D) RULE OF CONSTRUCTION- For purposes of subparagraph (A), nothing in such subparagraph shall be construed as preventing a specified entity, consistent with the specific requirements of such subparagraph, from--CommentsClose CommentsPermalink
`(i) forming a consortium composed of health care providers, payers, employers, and other interested entities to collectively purchase and donate health information technology; orCommentsClose CommentsPermalink
`(ii) offering health care providers a choice of health information technology products in order to take into account the varying needs of such providers receiving such products.'.CommentsClose CommentsPermalink
TITLE III--INFORMATION AND REPORTS
SEC. 301. INFORMATION FOR PHYSICIANS ON MEDICARE BILLINGS.
(a) In General- Section 1848 of the Social Security Act, as amended by section 201, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(n) Annual Reporting of Information to Physicians-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall annually report to each physician information on total billings by the physician (including laboratory tests and other items and services ordered by the physician) under this title. Such information shall be provided in a comparative format by code, weighting for practice size, number of Medicare patients treated, and relative number of Medicare beneficiaries in the geographical area.CommentsClose CommentsPermalink
`(2) CONFIDENTIALITY- Information reported under paragraph (1) is confidential and shall not be disclosed to anyone other than the physician to whom the information relates.CommentsClose CommentsPermalink
`(3) REPORT NOT TO BE USED IN DETERMINING REIMBURSEMENT RATES FOR A SPECIFIC PHYSICIAN- The Secretary shall not use information contained in a report under this subsection with respect to a physician in determining reimbursement rates under this part for items and services furnished by that physician.'.CommentsClose CommentsPermalink
(b) Effective Date- The Secretary of Health and Human Services shall first provide for reporting of information under the amendment made by subsection (a) for billings during 2007.CommentsClose CommentsPermalink
SEC. 302. INFORMATION FOR BENEFICIARIES ON MEDICARE EXPENDITURES.
(a) In General- Section 1804 of the Social Security Act (
`(d) Annual Report on Individual Resource Utilization- The Secretary shall provide for the reporting, on an annual basis, to each individual entitled to benefits under part A or enrolled under part B, on the amount of payments made to or on behalf of the individual under this title during the year involved. Such information shall be provided in a format that compares such amount with the average per capita expenditures in the region or area involved.'.CommentsClose CommentsPermalink
(b) Effective Date- The Secretary of Health and Human Services shall first provide for reporting of information under the amendment made by subsection (a) for payments made during 2007.CommentsClose CommentsPermalink
SEC. 303. COLLECTION OF DATA ON MEDICARE SAVINGS FROM PHYSICIANS' SERVICES DIVERSION.
(a) In General- The Secretary of Health and Human Services shall collect data on annual savings in expenditures in the Medicare program due to physicians' services that resulted in hospital or in-patient diversion.CommentsClose CommentsPermalink
(b) Report- The Secretary shall transmit to Congress annually a summary of the data collected under subsection (a).CommentsClose CommentsPermalink
SEC. 304. TRUSTEES' ONGOING EXAMINATION OF MEDICARE FUNDING.
(a) Examination by Board of Trustees- The Board of Trustees of the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (
(1) The extent to which, as the volume of services increases in physician settings under such part B, there is a corresponding reduction in similar services provided in a hospital setting under such part A.CommentsClose CommentsPermalink
(2) The extent to which, as a result of increased coordination between physicians and the delivery of prescription drugs under such part D, particularly with respect to individuals with chronic conditions, there will be a decrease in hospitalizations under such part A.CommentsClose CommentsPermalink
(3) The extent to which other changes in physician or other health care practice results in a shifting of expenditures among the various parts of such title XVIII.CommentsClose CommentsPermalink
(b) Inclusion in Annual Reports- In each annual report submitted to the Congress after the date of the enactment of this Act under section 1817(b)(2) or section 1841(b)(2) of the Social Security Act (
SEC. 305. INDEPENDENT STUDY ON MEDICARE RELATIVE VALUE UNIT SCALE UPDATE COMMITTEE (RUC) PROCESS.
(a) In General- The Secretary of Health and Human Services shall enter into an arrangement with an appropriate independent entity to conduct a study of price inputs and relative values for physicians' services recommended by the AMA/Specialty Society Relative Value Unit Scale Update Committee (RUC) process. The study shall examine (and make recommendations on) how to improve accuracy in pricing the mix of physicians' services and how such process could improve value weighting as new services become available.CommentsClose CommentsPermalink
(b) Report- The Secretary shall provide for completion of the study under subsection (a) by January 1, 2010, and shall provide for a report to Congress on the results of the study.CommentsClose CommentsPermalink
SEC. 306. STUDY OF REPORTING REQUIREMENTS ON HEALTH CARE DISPARITIES.
(a) In General- The Secretary of Health and Human Services shall provide for a study of health care disparities in high-risk health condition areas and minority communities about the impact reporting requirements may have on physician penetration in such communities.CommentsClose CommentsPermalink
(b) Report- The Secretary shall provide for the completion of the study conducted under subsection (a) by not later than January 1, 2011, and shall submit to Congress a report on the study upon its completion.CommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
Recent OC Blog Articles
- With SOPA Shelved, Congress Readies its Next Attack on the Internet Feb 13, 2012
- Anti-Web Censorship Bill Protest from Our Perspective at OC Feb 08, 2012
- Senate Passes FAA Bill With Anti-Union Language Feb 07, 2012
- House Getting Creative With the Earmark Moratorium Feb 06, 2012
- Liberate OpenGovData Now Feb 01, 2012

U.S. Congress - Text of H.R.5545 as Introduced in House Ensuring the Future Physician Workforce Act of 2008



