Home Health Care Planning Improvement Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services.
Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner; (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law; (3) a certified nurse-midwife; or (4) a physician assistant under a physician's supervision.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4993 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4993
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2010
Ms. Schwartz (for herself, Mrs. Capps, Mrs. McCarthy of New York, Ms.
Baldwin, Ms. Shea-Porter, Mr. Braley of Iowa, Mr. Courtney, Ms. Harman,
Mr. Farr, Mr. Blumenauer, Mr. Garamendi, Ms. Watson, Ms. Schakowsky,
Ms. Pingree of Maine, Mrs. Dahlkemper, Mr. Grijalva, Mr. Perlmutter,
Ms. DeLauro, and Mr. DeFazio) 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 concerned
_______________________________________________________________________
A BILL
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.
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 Care Planning
Improvement Act of 2010''.
SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.
(a) In General.--Section 1814(a)(2) of the Social Security Act (42
U.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is
amended--
(1) by inserting ``(as those terms are defined in section
1861(aa)(5))'' after ``clinical nurse specialist''; and
(2) by inserting ``, or in the case of services described
in subparagraph (C), a physician, or a nurse practitioner or
clinical nurse specialist who is working in collaboration with
a physician in accordance with State law, or 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
``collaboration with a physician''.
(b) Conforming Amendments.--(1) Section 1814(a) of the Social
Security Act (42 U.S.C. 1395f(a)) is amended--
(A) in paragraph (2)(C), by inserting ``, a nurse
practitioner, a clinical nurse specialist, a certified nurse-
midwife, or a physician assistant (as the case may be)'' after
``physician'' each place it appears;
(B) in the second sentence, by striking ``or clinical nurse
specialist'' and inserting ``clinical nurse specialist,
certified nurse-midwife, or physician assistant'';
(C) in the third sentence--
(i) by striking ``physician certification'' and
inserting ``certification'';
(ii) by inserting ``(or on January 1, 2011, in the
case of regulations to implement the amendments made by
section 2 of the Home Health Care Planning Improvement
Act of 2010)'' after ``1981''; and
(iii) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician
assistant who''; and
(D) in the fourth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant'' after ``physician''.
(2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a))
is amended--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``or, in the case of services described in
subparagraph (A), a physician, or 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, or 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 ``a physician''; and
(ii) 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'';
(B) in the third sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant (as the case may be)'' after
physician;
(C) in the fourth sentence--
(i) by striking ``physician certification'' and
inserting ``certification'';
(ii) by inserting ``(or on January 1, 2011, in the
case of regulations to implement the amendments made by
section 2 of the Home Health Care Planning Improvement
Act of 2010)'' after ``1981''; and
(iii) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician
assistant who''; and
(D) in the fifth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant'' after ``physician''.
(3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is
amended--
(A) in subsection (m)--
(i) in the matter preceding paragraph (1)--
(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; and
(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; and
(ii) in paragraph (3), by inserting ``, a nurse
practitioner, a clinical nurse specialist, a certified
nurse-midwife, or a physician assistant'' after
``physician''; and
(B) in subsection (o)(2)--
(i) 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''; and
(ii) by inserting ``, nurse practitioner, clinical
nurse specialist, certified nurse-midwife, physician
assistant,'' after ``physician''.
(4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is
amended--
(A) 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''; and
(B) in subsection (e)--
(i) 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''; and
(ii) in paragraph (2)--
(I) in the heading, by striking ``Physician
certification'' and inserting ``Rule of
construction regarding requirement for
certification''; and
(II) by striking ``physician''.
(c) Rule of Construction.--Nothing in the amendments made by this
section shall be construed as affecting the scope of practice
authorized under State law of a certified nurse-midwife (as defined in
section 1861(gg) of the Social Security Act) or a nurse practitioner,
clinical nurse specialist, or physician assistant (as such terms are
defined in section 1861(aa)(5) of such Act).
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2011.
<all>
Introduced in House
Introduced in House
Referred to House Ways and Means
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 concerned.
Referred to House Energy and Commerce
Referred to the Subcommittee on Health.
Sponsor introductory remarks on measure. (CR H2699-2700)
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