H.R.3109 - Medicare Ambulance Payment Reform Act of 2001107th Congress (2001-2002)
|Sponsor:||Rep. Houghton, Amo [R-NY-31] (Introduced 10/12/2001)|
|Committees:||House - Energy and Commerce; Ways and Means|
|Latest Action:||10/31/2001 Referred to the Subcommittee on Health.|
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Text: H.R.3109 — 107th Congress (2001-2002)All Bill Information (Except Text)
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Introduced in House (10/12/2001)
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[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 3109 Introduced in House (IH)] 107th CONGRESS 1st Session H. R. 3109 To amend the title XVIII of the Social Security Act to provide payment to Medicare ambulance suppliers of the full costs of providing such services, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 12, 2001 Mr. Houghton (for himself, Mr. Allen, Mr. English, Mr. McNulty, Mr. Walsh, Mr. LaFalce, Mr. Kolbe, Mr. Kind, Mr. Sweeney, Mr. Moore, Mrs. Emerson, Mr. Pomeroy, Mr. McHugh, Mr. Taylor of Mississippi, Mr. Smith of New Jersey, Mr. Frost, Mr. Boehlert, Mr. Hinchey, Mr. Frelinghuysen, Mr. Pallone, Mrs. Roukema, Mr. Borski, Mr. Saxton, Mrs. Mink of Hawaii, Mr. Reynolds, Mr. Capuano, Mr. Ferguson, Mr. Thompson of California, Mr. Kildee, Mr. Andrews, Mr. Stupak, Mr. Oberstar, Ms. Slaughter, Mr. Menendez, Mr. Traficant, Mr. Baldacci, Mr. Ross, and Mr. Brown of Ohio) 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 the title XVIII of the Social Security Act to provide payment to Medicare ambulance suppliers of the full costs of providing such services, and for other purposes. 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 ``Medicare Ambulance Payment Reform Act of 2001''. SEC. 2. AMBULANCE PAYMENT RATES. (a) Payment Rates.-- (1) In general.--Section 1834(l)(3) of the Social Security Act (42 U.S.C. 1395m(l)(3)) is amended to read as follows: ``(3) Payment rates.-- ``(A) In general.--Subject to any adjustment under subparagraph (B) and paragraph (9) and the full payment of a national mileage rate pursuant to subparagraph (2)(E), in establishing such fee schedule, the following rules shall apply: ``(i) Payment rates in 2002.-- ``(I) Ground ambulance services.-- In the case of ground ambulance services furnished under this part in 2002, the Secretary shall set the payment rates under the fee schedule for such services at a rate based on the average costs (as determined by the Secretary on the basis of the most recent and reliable information available) incurred by full cost ambulance suppliers in providing nonemergency basic life support ambulance services covered under this title, with adjustments to the rates for other ground ambulance service levels to be determined based on the rule established under paragraph (1). For the purposes of the preceding sentence, the term `full cost ambulance supplier' means a supplier for which volunteers or other unpaid staff comprise less than 20 percent of the supplier's total staff and which receives less than 20 percent of space and other capital assets free of charge. ``(II) Other ambulance services.-- In the case of ambulance services not described in subclause (I) that are furnished under this part in 2002, the Secretary shall set the payment rates under the fee schedule for such services based on the rule established under paragraph (1). ``(ii) Payment rates in subsequent years for all ambulance services.--In the case of any ambulance service furnished under this part in 2003 or any subsequent year, the Secretary shall set the payment rates under the fee schedule for such service at amounts equal to the payment rate under the fee schedule for that service furnished during the previous year, increased by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. ``(B) Adjustment in rural rates.--For years beginning with 2004, the Secretary, after taking into consideration the recommendations contained in the report submitted under section 221(b)(3) the Medicare, Medicaid, and SCHIP Benefits Improvements and Protection Act of 2000, shall adjust the fee schedule payment rates that would otherwise apply under this subsection for ambulance services provided in low density rural areas based on the increased cost (if any) of providing such services in such areas.''. (2) Conforming amendment.--Section 221(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is repealed. (3) Technical amendment.-- (A) In general.--Paragraph (8) of section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as added by section 221(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is redesignated as paragraph (9). (B) Effective date.--The amendment made by subparagraph (A) shall take effect as if included in the enactment of such section 221(a). (b) Use of Medical Conditions for Coding Ambulance Services.-- Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7)) is amended to read as follows: ``(7) Coding system.-- ``(A) In general.--The Secretary shall, in accordance with section 1173(c)(1)(B), establish a system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. ``(B) Medical conditions.--The code set established under subparagraph (A) shall-- ``(i) take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1); and ``(ii) notwithstanding any other provision of law, be adopted as a standard code set under section 1173(c).''. SEC. 3. PRUDENT LAYPERSON STANDARD FOR EMERGENCY AMBULANCE SERVICES UNDER MEDICARE AND MEDICAID. (a) Ambulance Services for Medicare Fee-for-Service Beneficiaries.--Section 1861(s)(7) of the Social Security Act (42 U.S.C. 1395x(s)(7)) is amended by inserting before the semicolon at the end the following: ``, except that such regulations shall not fail to treat ambulance services as medical and other health services solely because the ultimate diagnosis of the individual receiving the ambulance services results in the conclusion that ambulance services were not necessary, as long as the request for ambulance services is made after the sudden onset of a medical condition that would be classified as an emergency medical condition (as defined in section 1852(d)(3)(B)).''. (b) Ambulance Services for Medicare+Choice Enrollees.--Section 1852(d)(3)(A) of the Social Security Act (42 U.S.C. 1395w-22(d)(3)(A)) is amended by inserting ``(including the services described in section 1861(s)(7))'' after ``outpatient services'' in the matter preceding clause (i). (c) Ambulance Services in Medicaid Managed Care Plans.--Section 1932(b)(2)(B) of the Social Security Act (42 U.S.C. 1396u-2(b)(2)(B)) is amended by inserting ``(including the services described in section 1861(s)(7) (if covered by the State plan))'' after ``outpatient services'' in the matter preceding clause (i). (d) Effective Date.--The amendments made by this section shall apply with respect to services provided on and after the date of enactment of the Act. <all>