To amend title XVIII of the Social Security Act to exempt certain hospice programs from the limitation applicable to payments for hospice care under the Medicare program, and for other purposes.

Amends title XVIII (Medicare) of the Social Security Act to exempt from the cap on payments for hospice care any care furnished on or after November 1, 2004, under the Medicare program by a qualified hospice program.

Qualifies a hospice program under this Act if: (1) at least 50% of the shares of its common stock are owned by a minority individual or group of minority individuals (African-Americans, American Indians, Asian-Americans, or Latin-Americans), and (2) at least 75% of the individuals electing to participate in the program reside in a county or parish half of whose population consists of minority individuals or for which the average per capita income is the lowest quantile of counties in the state in which the hospice program is located.

Directs the Secretary of Health and Human Services (HHS) to recalculate and reconcile payments under part A (Hospital Insurance) of the Medicare program for qualified hospice care furnished between November 1, 2004, and the date of enactment of this Act if the current cap was applied.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6466 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6466

   To amend title XVIII of the Social Security Act to exempt certain 
hospice programs from the limitation applicable to payments for hospice 
        care under the Medicare program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2012

 Mr. Kissell introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII of the Social Security Act to exempt certain 
hospice programs from the limitation applicable to payments for hospice 
        care under the Medicare program, 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. EXCEPTION TO MEDICARE HOSPICE PAYMENT CAPS FOR CERTAIN 
              MINORITY OWNED HOSPICES.

    (a) In General.--Section 1814(i)(2) of the Social Security Act (42 
U.S.C. 1395f(i)(2)) is amended--
            (1) in subparagraph (A), by striking ``The amount of 
        payment'' and inserting ``Subject to subparagraph (E), the 
        amount of payment''; and
            (2) by adding at the end the following:
            ``(E) Subparagraph (A) shall not apply with respect to 
        hospice care furnished on or after November 1, 2004, by (or 
        under arrangements made by) a qualified hospice program.''.
    (b) Qualified Hospice Programs.--Section 1814(i) of the Social 
Security Act (42 U.S.C. 1395f(i)) is amended by adding at the end the 
following:
            ``(8) For purposes of paragraph (2)(E):
                    ``(A) The term `qualified hospice program' means, 
                with respect to an accounting year, a hospice program--
                            ``(i) for which at least 50 percent of the 
                        shares of common stock for such program are 
                        owned by a specified individual or group of 
                        specified individuals; and
                            ``(ii) for which at least 75 percent of the 
                        individuals making an election under subsection 
                        (d) with respect to such program reside in a 
                        county or parish that--
                                    ``(I) has a population that is more 
                                than 50 percent specified individuals; 
                                or
                                    ``(II) for which the average per 
                                capita income is in the lowest quantile 
                                of countries in the State in which the 
                                hospice program is located, ranked by 
                                average per capita income.
                    ``(B) The term `specified individual' means an 
                individual that self-identifies as being African-
                American, American Indian, Asian-American, or Latin-
                American.
                    ``(C) The term `American Indian' includes an 
                individual who is of a tribe, people, or culture that 
                is indigenous to the United States, including 
                individuals who are eligible for membership in an 
                Indian tribe (as such term is defined in section 4 of 
                the Indian Health Care Improvement Act).''.
    (c) Recalculation of Payment Amounts for Certain Years.--If the 
Secretary of Health and Human Services applied the limitation on 
payment under section 1814(i)(2)(A) of the Social Security Act (42 
U.S.C. 1395f(i)(2)(A)), as in effect before the date of enactment of 
this Act, with respect to hospice care that was furnished during the 
period beginning on November 1, 2004, and ending on the date of 
enactment of this Act by (or under arrangements made by) a qualified 
hospice program (as defined in section 1814(i)(8) of such Act, as added 
by subsection (b)), the Secretary shall--
            (1) recalculate the amount payable under part A of title 
        XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) for 
        such services, after application of subparagraph (E) of section 
        1814(i)(2) of such Act (as added by subsection (a)); and
            (2) take such measures as are necessary to reconcile 
        payments made under such part for such services and period 
        accordingly.
                                 <all>