H.R.4939 - Veterans Medicare Payment Act of 2002107th Congress (2001-2002)
|Sponsor:||Rep. Smith, Christopher H. [R-NJ-4] (Introduced 06/13/2002)|
|Committees:||House - Energy and Commerce; Ways and Means; Veterans' Affairs|
|Latest Action:||House - 07/16/2002 Committee Hearings Held. (All Actions)|
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Text: H.R.4939 — 107th Congress (2001-2002)All Information (Except Text)
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Introduced in House (06/13/2002)
[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 4939 Introduced in House (IH)] 107th CONGRESS 2d Session H. R. 4939 To amend title XVIII of the Social Security Act to provide for a transfer of payment to the Department of Veterans Affairs for outpatient care furnished to Medicare-eligible veterans by the Department. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 13, 2002 Mr. Smith of New Jersey (for himself, Mr. Evans, and Mr. Filner) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Veterans' Affairs, 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 for a transfer of payment to the Department of Veterans Affairs for outpatient care furnished to Medicare-eligible veterans by the Department. 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 ``Veterans Medicare Payment Act of 2002''. SEC. 2. TRANSFER OF PAYMENT FOR MEDICARE-ELIGIBLE VETERANS WHO RECEIVE OUTPATIENT SERVICES FROM THE DEPARTMENT OF VETERANS AFFAIRS. (a) Medicare Program.--Part B of title XVIII of the Social Security Act (42 U.S.C. 1395j) is amended by inserting after section 1841 the following new section: ``transfer of payment for medicare-eligible veterans who receive outpatient care from the department of veterans affairs ``Sec. 1841A. (a) Payment to Secretary of Veterans Affairs.-- ``(1) In general.--If a medicare-eligible veteran receives outpatient care from the Department of Veterans Affairs during a year (beginning with 2003) that the veteran is otherwise eligible to receive under chapter 17 of title 38, United States Code, the Secretary shall transfer to the Secretary of Veterans Affairs for that veteran for that year an aggregate amount equal to 12 times the monthly premium rate applicable to an individual enrolled under this part for that year, as determined by the Secretary under section 1839(a)(3). ``(2) Periodic payments.--Payments under this subsection shall be made from the Federal Supplementary Medical Insurance Trust Fund established in section 1841 on a periodic basis upon receipt of a certification from the Secretary of Veterans Affairs that a medicare-eligible veteran was provided such outpatient care during the year involved in a facility of the Department of Veterans Affairs. ``(3) Documentation of care provided.--The Secretary and the Secretary of Veterans Affairs shall establish a mechanism under which the Secretary may verify that a medicare-eligible veteran received outpatient care from the Department of Veterans Affairs. ``(b) Effect on Enrollment Under This Part.--The receipt of outpatient care from the Department of Veterans Affairs during a year by a medicare-eligible veteran shall not affect-- ``(1) the enrollment of the veteran under this part; and ``(2) the ability of the veteran to receive items and services from participating physicians, health care practitioners, providers of services, and suppliers under this part and to have payment made for such services under this part during the year. ``(c) Effect on Calculation of Part B Premiums.--In determining a monthly actuarial rate for enrollees under section 1839 for determining the amounts of premiums charged to such enrollees for months in a year, the Secretary shall not, for months in the year involved, take into account payments transferred to the Secretary of Veterans Affairs under subsection (a), or the costs incurred by the Secretary of Veterans Affairs in furnishing care to the medicare-eligible veteran. ``(d) Payment of Premiums.--The receipt of outpatient care from the Department of Veterans Affairs during a year by a medicare-eligible veteran shall not result in a reduction in the amount of premium otherwise collected from the veteran under section 1840(a)(1). ``(e) Waiver of Certain Conditions of Participation.--The prohibition of payments to Federal providers of services under sections 1814(c) and 1835(d), and paragraphs (2) and (3) of section 1862(a) shall not apply to payments made under subsection (a). The Secretary shall waive such provisions of this title that the Secretary of Veterans Affairs demonstrates to the satisfaction of the Secretary should not apply to the provision of health care services furnished by the Department of Veterans Affairs. ``(f) Definitions.--In this section: ``(1) Veteran.--The term `veteran' has the meaning given that term in section 101(2) of title 38, United States Code. ``(2) Medicare-eligible.--The term `medicare-eligible' means, with respect to a veteran, an individual who is enrolled under this part. ``(3) Outpatient care.--The term `outpatient care' means those items and services for which payment may be made under this part.''. (b) Conforming Amendment.--Section 1857(e) of such Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(3) Reimbursement for certain care provided by the department of veterans affairs.--With respect to contract years beginning after 2003, the right of the United States under section 1729 of title 38, United States Code, to recover or collect charges for health care items or services from a third party, with respect to which payment may be made under part B, shall apply to Medicare+Choice organizations offering a Medicare+Choice plan in which a veteran is enrolled.''. <all>