Medicare Firewall Act of 2011 - Amends the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, to defund as of the end of FY2011: (1) the convening of multi-stakeholder groups for input into the selection of health care quality measures, (2) the Independence at Home Demonstration Program, (3) the Community-Based Care Transitions Program, (4) the demonstration project on separate payments under title XVIII (Medicare) of the Social Security Act for complex diagnostic laboratory tests, (5) outreach and assistance for specified state and local low-income programs, (6) the Independent Medicare Advisory Board, (7) evaluation of community-based prevention and wellness programs, and (8) the pilot program for care of certain individuals residing in emergency declaration areas.
Restores to the Medicare Trust Funds unobligated amounts that were originally transferred from them for such programs and activities.
Directs the Secretary of Health and Human Services (HHS) to report to Congress on demonstration, pilot, or similar projects undertaken with funding from any of the Medicare Trust Funds, especially those for which the initial period of the project has: (1) not demonstrated that the project has met its objectives, or (2) resulted in net expenditures from the Medicare Trust Funds. Requires the Secretary to include with this report a plan for termination or modification of each such project.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2694 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2694
To firewall the Medicare Trusts Funds by restoring to those Trust Funds
funds transferred by the Patient Protection and Affordable Care Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2011
Mr. Culberson (for himself, Mr. Poe of Texas, Mrs. Blackburn, Mr.
McKinley, Mr. McCaul, Mr. Paul, and Mr. Sam Johnson of Texas)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committees on Energy and
Commerce and Rules, 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 firewall the Medicare Trusts Funds by restoring to those Trust Funds
funds transferred by the Patient Protection and Affordable Care Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO PPACA.
(a) Short Title.--This Act may be cited as the ``Medicare Firewall
Act of 2011''.
(b) References.--In this Act, the term ``PPACA'' means the Patient
Protection and Affordable Care Act (Public Law 111-148), as amended by
the Health Care and Education Reconciliation Act of 2010 (Public Law
111-152).
SEC. 2. DEFUNDING OF CERTAIN PPACA PROVISIONS TO RESTORE FUNDING TO
MEDICARE TRUST FUNDS.
(a) Defunding New Duties for Consensus-Based Entities and Multi-
Stakeholder Group Input (Section 3014(c)).--
(1) In general.--Section 3014(c) of PPACA is amended--
(A) by striking ``through 2014'' and inserting
``through 2011''; and
(B) by striking ``shall remain available until
expended'' and inserting ``shall remain available
through the date of the enactment of the Medicare
Firewall Act of 2011''.
(2) Restoration to medicare trust funds of unobligated
amounts that were transferred.--Of the funds transferred under
such section on or before the date of the enactment of this
Act, the unobligated balance shall be transferred back into the
Medicare Trust Fund or Funds from which it was transferred.
(b) Defunding of Independence at Home Demonstration Program
(Section 3024).--
(1) In general.--Subsection (h) of section 1866E of the
Social Security Act (42 U.S.C. 1395cc-5), as inserted by
section 3024 of PPACA, is amended--
(A) by striking ``2015'' and inserting ``2011'';
and
(B) by striking ``shall be available until
expended'' and inserting ``shall be available through
the date of the enactment of the Medicare Firewall Act
of 2011''.
(2) Restoration to medicare trust funds of unobligated
amounts that were transferred.--Of the funds transferred under
such section 1866D(h) on or before the date of the enactment of
this Act, the unobligated balance shall be transferred back
into the Medicare Trust Fund or Funds from which it was
transferred.
(c) Defunding Community-Based Care Transitions Program (Section
3026).--
(1) In general.--Section 3026(f) of PPACA is amended--
(A) by striking ```the period of fiscal years 2011
through 2015''' and inserting ``fiscal year 2011''; and
(B) by striking ``shall remain available until
expended'' and inserting ``shall remain available
through the date of the enactment of the Medicare
Firewall Act of 2011''.
(2) Rescission of unobligated balance.--Of the funds
transferred under such section on or before the date of the
enactment of this Act, the unobligated balance shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
(d) Defunding Demonstration Project on Separate Payments for
Complex Diagnostic Laboratory Tests (Section 3113).--
(1) In general.--Section 3113(b) of PPACA is amended by
inserting after ``July 1, 2011'' the following: ``, except that
the Secretary shall terminate such project as soon as possible
after the date of the enactment of the Medicare Firewall Act of
2011.''.
(2) Rescission of unobligated balance.--Of the payments
made under such section on or before the date of the enactment
of this Act, the unobligated balance shall be transferred back
into the Medicare Trust Fund or Funds from which it was
transferred.
(e) Defunding Outreach and Assistance for Low-Income Programs
(Section 3306).--
(1) In general.--Subsections (a)(1)(B), (b)(1)(B),
(c)(1)(B), and (d)(1)(B) of section 119 of the Medicare
Improvements for Patients and Providers Act of 2008 (42 U.S.C.
1395b-3 note), as amended by section 3306 of PPACA, are each
amended--
(A) in clause (ii), by striking ``through 2012''
and inserting ``and 2011''; and
(B) by striking ``shall remain available until
expended'' and inserting ``shall remain available
through the date of the enactment of the Medicare
Firewall Act of 2011''.
(2) Rescission of unobligated balance.--Of the amounts
transferred under such subsections on or before the date of the
enactment of this Act, the unobligated balances shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
(f) Defunding Independent Payment Advisory Board (IPAB) (Section
3403).--
(1) In general.--Section 1899A of the Social Security Act
(42 U.S.C. 1395kkk), as added by section 3403(a)(1) of PPACA,
is repealed.
(2) Conforming amendments.--
(A) Section 1805(b) of such Act (42 U.S.C. 1395b-
6(b)) is amended by striking paragraph (4).
(B) Section 207(c) of title 18, United States Code,
is amended by striking paragraph (3).
(C) Section 10320 of PPACA is amended by striking
subsection (c).
(g) Defunding Prevention and Wellness Evaluation (Section
4202(b)).--
(1) In general.--Section 4202(b)(4) of PPACA (42 U.S.C.
300u-14) is amended by striking ``shall remain available until
expended'' and inserting ``shall remain available through the
date of the enactment of the Medicare Firewall Act of 2011''.
(2) Rescission of unobligated balance.--Of the amounts
transferred under such section on or before the date of the
enactment of this Act, the unobligated balance shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
(h) Defunding Pilot Program for Individuals Residing in Emergency
Declaration Areas (Section 10323(b)).--
(1) In general.--Section 1881A(b)(7) of the Social Security
Act (42 U.S.C. 1395rr-1(b)(7)), as inserted by section 10323(b)
of PPACA, is amended by adding at the end the following: ``No
such transfer shall be made after the date of the enactment of
the Medicare Firewall Act of 2011.''.
(2) Restoration of unobligated balance.--Of the amounts
transferred under such section on or before the date of the
enactment of this Act, the unobligated balance shall be
transferred back into the Medicare Trust Fund or Funds from
which it was transferred.
SEC. 3. ACCOUNTABILITY FOR TRUST FUND DEMONSTRATION PROJECT
EXPENDITURES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Congress a report that describes covered demonstration
projects and identifies those projects for which initial period of the
project has--
(1) not demonstrated that the project has met the
objectives specified for the project; or
(2) resulted in net expenditures from the Medicare Trust
Funds.
(b) Plan for Termination or Modification.--For those covered
demonstration projects identified under subsection (a), the Secretary
shall include the report under such subsection a plan for the
termination or modification of each such project.
(c) Covered Demonstration Project.--In this section, the term
``covered demonstration project'' means a demonstration, pilot, or
similar project undertaken with some or all funding from any of the
Medicare Trust Funds.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Rules, 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 Ways and Means, and in addition to the Committees on Energy and Commerce, and Rules, 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 Ways and Means, and in addition to the Committees on Energy and Commerce, and Rules, 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.
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