[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3041 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3041
To provide for a demonstration project to allow certain organizations
that provide care under Medicare to purchase home-care services from
self-employed caregivers through home-care referral agencies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 1999
Mr. Deutsch introduced the following bill; which was referred to the
Committee on 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 provide for a demonstration project to allow certain organizations
that provide care under Medicare to purchase home-care services from
self-employed caregivers through home-care referral agencies.
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 ``Home Health Availability Act of
1999''.
SEC. 2. MEDICARE DEMONSTRATION PROJECT FOR HOME HEALTH.
(a) Definitions.--In this section:
(1) Caregiver.--The term ``caregiver'' means a self-
employed individual who is a registered nurse, licensed
practical nurse, certified nursing assistant, home health aide,
homemaker, companion, or sitter who is engaged in providing
services for patients in their homes or places of residence.
(2) Client.--The term ``client'' means an individual
eligible to receive home health services under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.).
(3) Demonstration project; project.--The terms
``demonstration project'' and ``project'' mean the
demonstration project carried out under this section.
(4) Demonstration project state.--The term ``demonstrate
project state'' means the State of Florida.
(5) Home-care referral agency; referral agency.--The term
``home-care referral agency'' or ``referral agency'' means a
public agency or private entity or a subdivision of one of the
foregoing that meets applicable State licensing requirements
and is lawfully engaged in the business of procuring, offering,
promising, or attempting to secure health care or home health
related contracts (including, but not limited to, contracts for
the provision of services to patients in their homes or places
of residence and contracts for the provision of services
including private duty or supplemental staffing at health-care
facilities) for caregivers.
(6) Participating organization.--The term ``participating
organization'' means a Medicare+Choice organization (as defined
in section 1859(a)(1) of the Social Security Act, 42 U.S.C.
1395w-29(a)(1)), that elects to participate in the
demonstration project.
(7) Self-employed individual.--The term ``self-employed
individual'' means an individual who contracts with a referral
agency for providing services if any payment made to the
individual under such contract constitutes self-employment
income (as defined in section 1402(b) of the Internal Revenue
Code of 1986).
(b) Demonstration Project.--
(1) In general.--
(A) Establishment.--The Secretary of Health and
Human Services (in this section referred to as the
``Secretary'') shall establish a demonstration project
under which a participating organization will be
authorized to purchase home health services, as defined
in section 1861(m) of the Social Security Act (42
U.S.C. 1395x(m)), from a caregiver through a home-care
referral agency and, solely for purposes of this
section and only when home health services are being
purchased under the demonstration project, the term
``home health services'', as so defined, shall be
modified by substituting in lieu of the term ``home
health agency'' wherever it appears therein, the term
``home-care referral agency''.
(B) No effect on home health agencies.--The
demonstration project shall not in any way affect a
home health agency, as defined in section 1861(o) of
the Social Security Act (42 U.S.C. 1395x(o)). The
project's sole purpose is to provide participating
organizations with the option of purchasing home health
services from an additional source.
(C) Voluntary participation.--Participation
organizations that elect to participate in the
demonstration project are under no obligation to
purchase all, or any specified minimum percentage of,
home health services under the demonstration project, and shall have
the right to cease participating in the demonstration project at any
time.
(D) Election to participate in the demonstration
project.--In order to participate in the demonstration
project, a participating organization must provide the
Secretary with a written notice of election to
participate, which notice shall state--
(i) the name and address of the
organization;
(ii) the effective date of the
organization's election to participate; and
(iii) the cities within the demonstration
project State in which the organization has
operations and elects to participate.
(2) Duration.--The Secretary shall conduct the
demonstration project during the 3-year period beginning on
September 1, 2000.
(c) Authority To Waive Certain Medicare Requirements.--The
Secretary may, to the extent necessary to carry out the demonstration
project, waive any requirements under title XVIII of the Social
Security Act.
(d) Evaluation and Reports.--
(1) Independent evaluation.--
(A) General.--The Secretary shall arrange for an
independent entity with expertise in the evaluation of
health care services to conduct an evaluation of the
demonstration project.
(B) Contents.--The evaluation conducted under
subparagraph (A) shall include an assessment of the
following:
(i) A comparison of the quality of care
provided by caregivers under the demonstration
project relative to the quality of care
provided by a home health agency.
(ii) A comparison of the cost of care
provided by caregivers under the demonstration
project relative to the cost of care provided
by a home health agency.
(iii) A comparison of the level of
satisfaction with the care received by
individuals who have received home care under
the demonstration project relative to the level
of satisfaction by such individuals with the
home care they received from a home health
agency.
(C) Annual reports.--The independent entity
conducting the evaluation under subparagraph (A) shall
submit reports on such evaluations to the Secretary and
to the committees of jurisdiction in the Congress as
follows:
(i) Initial report.--The entity shall
submit an initial report not later than 12
months after the date on which the
demonstration project begins operation.
(ii) Second annual report.--The entity
shall submit a second annual report not later
than 24 months after the date on which the
demonstration project begins operation.
(iii) Final report.--The entity shall
submit a final report not later than 30 months
after the date on which the demonstration
project begins operation.
(2) Report on extension and expansion of demonstration
project.--Not later than 30 months after the date on which the
demonstration project begins operation, the Secretary shall
submit to Congress a report containing--
(A) a recommendation as to--
(i) whether to extend the demonstration
project or make the project permanent;
(ii) whether to expand the project to cover
additional States; and
(iii) whether the terms and conditions of
the project should be continued (or modified)
if the project is extended or expanded; and
(B) a detailed description of any costs associated
with their recommendation made pursuant to clauses (i)
and (ii) of subparagraph (A).
<all>
Introduced in House
Introduced in House
Referred to the Committee on 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.
Referred to the Committee on 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.
Referred to the Committee on 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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health and Environment.
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