[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4375 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4375
To amend title XVIII of the Social Security Act to provide coverage of
medically necessary home resiliency services under Medicare.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2023
Mr. Frost (for himself, Ms. Clarke of New York, Ms. Jayapal, Ms.
Norton, Ms. Wasserman Schultz, and Ms. Sewell) 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
concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to provide coverage of
medically necessary home resiliency services under Medicare.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survival Aid For Emergencies through
Medicare Act'' or the ``SAFE through Medicare Act''.
SEC. 2. MEDICARE COVERAGE OF MEDICALLY NECESSARY HOME RESILIENCY
SERVICES.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (II), by striking ``and'' at
the end;
(B) in subparagraph (JJ), by inserting ``and'' at
the end; and
(C) by adding at the end the following new
subparagraph:
``(KK) in the case of an individual who is medically at-
risk in the event of a climate or manmade disaster (as
determined by the Secretary in accordance with subsection
(nnn)), home resiliency services (as defined in such
subsection);''; and
(2) by adding at the end the following new subsection:
``(nnn) Home Resiliency Services; Determination of Individuals
Medically At-Risk.--
``(1) Home resiliency services.--The term `home resiliency
services' means items and services--
``(A) furnished on or after January 1, 2024, to an
individual described in subsection (s)(2)(KK); and
``(B) that the Secretary determines are medically
necessary for such individual in the case of a climate
or manmade disaster, such as a heat pump for an
individual vulnerable to extreme temperatures, solar
batteries for an individual reliant on electrical
medical equipment (including home mechanical
ventilators), and energy efficient cold-storage for
heat-sensitive medical supplies.
``(2) Determination of individuals medically at-risk.--For
purposes of subsection (s)(2)(KK) and this subsection, the
Secretary, in consultation with the Office of Climate Change
and Health Equity, the National Institutes of Health, the
Centers of Medicare & Medicaid Services, and the National
Oceanic and Atmospheric Administration, shall establish a
process to determine the conditions under which an individual
would be determined to be medically at-risk in the event of a
disaster or climate hazards, including extreme heat, extreme
cold, flooding, and loss of power. Such a process shall
consider--
``(A) geography-specific climate risks and regional
preparedness for different climate risks;
``(B) the regional history of disaster or climate
hazards and infrastructure failure in the preceding 20
years or the forward-looking predicted risk of disaster
or climate hazards and infrastructure failure in the
next 20 years;
``(C) medical reliance on equipment,
pharmaceuticals, mobility aids, and other supplies that
are sensitive to exposure to extreme temperatures, poor
air quality, flooding and water damage, or dependent on
electrical power; and
``(D) chronic medical conditions, disabilities, and
comorbidities that increase patient vulnerability
during disaster.''.
(b) Payment.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(HH)''; and
(2) by inserting before the semicolon at the end the
following: ``and (II) with respect to home resiliency services
described in section 1861(s)(2)(KK), the amount paid shall be
an amount equal to 100 percent of the lesser of the actual
charge for the services or the amount determined under a fee
schedule established by the Secretary''.
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