HR 2267 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2267CommentsClose CommentsPermalink

To amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 21, 2011CommentsClose CommentsPermalink

Mr. WALDEN (for himself, Ms. SCHWARTZ, Mr. JONES, Mr. ELLISON, Mr. LANCE, Ms. HANABUSA, Mr. WU, Mr. BARLETTA, Mr. GRIJALVA, Mr. COFFMAN of Colorado, Mr. LANGEVIN, Mr. BILBRAY, Mr. BLUMENAUER, Mr. LATHAM, Mr. SCHRADER, Mr. LATOURETTE, Mrs. CAPPS, Mr. HANNA, Mr. THOMPSON of California, Mr. TERRY, Mr. NEAL, Mr. BASS of New Hampshire, Mr. CHANDLER, Ms. LEE of California, Ms. SCHAKOWSKY, Mr. CICILLINE, Mr. BRADY of Pennsylvania, and Mr. BOSWELL) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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

A BILLCommentsClose CommentsPermalink

To amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program.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.

This Act may be cited as the ‘Home Health Care Planning Improvement Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.

(a) Part A Provisions- Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by inserting ‘, a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician’ after ‘1866(j)’; andCommentsClose CommentsPermalink





(B) in subparagraph (C)--CommentsClose CommentsPermalink





(i) by inserting ‘, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be)’ after ‘physician’ the first 2 times it appears; andCommentsClose CommentsPermalink





(ii) by striking ‘, and, in the case of a certification made by a physician’ and all that follows through ‘face-to-face encounter’ and inserting ‘, and, in the case of a certification made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2012, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter’;CommentsClose CommentsPermalink





(2) in the second sentence, by inserting ‘certified nurse-midwife,’ after ‘clinical nurse specialist,’;CommentsClose CommentsPermalink





(3) in the third sentence--CommentsClose CommentsPermalink





(A) by striking ‘physician certification’ and inserting ‘certification’;CommentsClose CommentsPermalink





(B) by inserting ‘(or on January 1, 2012, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2011)’ after ‘1981’; andCommentsClose CommentsPermalink





(C) by striking ‘a physician who’ and inserting ‘a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who’; andCommentsClose CommentsPermalink





(4) in the fourth sentence, by inserting ‘, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant’ after ‘physician’.CommentsClose CommentsPermalink





(b) Part B Provisions- Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by inserting ‘, a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician’ after ‘1866(j)’;CommentsClose CommentsPermalink





(B) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in each of clauses (ii) and (iii) of subparagraph (A) by inserting ‘, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be)’ after ‘physician’; andCommentsClose CommentsPermalink





(ii) in clause (iv), by striking ‘after January 1, 2010’ and all that follows through ‘face-to-face encounter’ and inserting ‘made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2012, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter’;CommentsClose CommentsPermalink





(2) in the third sentence, by inserting ‘, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be)’ after physician;CommentsClose CommentsPermalink





(3) in the fourth sentence--CommentsClose CommentsPermalink





(A) by striking ‘physician certification’ and inserting ‘certification’;CommentsClose CommentsPermalink





(B) by inserting ‘(or on January 1, 2012, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2011)’ after ‘1981’; andCommentsClose CommentsPermalink





(C) by striking ‘a physician who’ and inserting ‘a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who’; andCommentsClose CommentsPermalink





(4) in the fifth sentence, by inserting ‘, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant’ after ‘physician’.CommentsClose CommentsPermalink





(c) Definition Provisions-CommentsClose CommentsPermalink





(1) HOME HEALTH SERVICES- Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting ‘, a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5))’ after ‘physician’ the first place it appears; andCommentsClose CommentsPermalink





(ii) by inserting ‘, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant’ after ‘physician’ the second place it appears; andCommentsClose CommentsPermalink





(B) in paragraph (3), by inserting ‘, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant’ after ‘physician’.CommentsClose CommentsPermalink





(2) HOME HEALTH AGENCY- Section 1861(o)(2) of the Social Security Act (42 U.S.C. 1395x(o)(2)) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘, nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5))’ after ‘physicians’; andCommentsClose CommentsPermalink





(B) by inserting ‘, nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant,’ after ‘physician’.CommentsClose CommentsPermalink





(d) Home Health Prospective Payment System Provisions- Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended--CommentsClose CommentsPermalink





(1) in subsection (c)(1), by inserting ‘, the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)),’ after ‘physician’; andCommentsClose CommentsPermalink





(2) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by inserting ‘, a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5))’ after ‘physician’; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in the heading, by striking ‘PHYSICIAN CERTIFICATION’ and inserting ‘RULE OF CONSTRUCTION REGARDING REQUIREMENT FOR CERTIFICATION’; andCommentsClose CommentsPermalink





(ii) by striking ‘physician’.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall apply to items and services furnished on or after January 1, 2012.CommentsClose CommentsPermalink