Protecting HOME Access Act of 2017

Protecting Home Oxygen & Medical Equipment Access Act of 2017 or the Protecting HOME Access Act of 2017

This bill: (1) requires the Centers for Medicare & Medicaid Services (CMS) to delay by one year the full implementation of new Medicare payment rates for durable medical equipment, and (2) revises a Medicare budget-neutrality requirement related to oxygen.

Under current law, the CMS may establish separate payment classes under Medicare for items of oxygen and related equipment only if doing so does not result in increased program expenditures. The bill provides an exception to this budget-neutrality requirement with respect to such items that are included in a competitive acquisition program.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4229 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4229

   To extend the transition to new payment rates for durable medical 
   equipment under the Medicare program and amend title XVIII of the 
     Social Security Act to update the Medicare budget neutrality 
                        requirement for oxygen.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2017

    Mrs. McMorris Rodgers (for herself, Mr. Aderholt, Mr. Bishop of 
Georgia, Mrs. Blackburn, Mr. Blum, Mr. Bucshon, Mr. Collins of Georgia, 
Mr. Collins of New York, Mr. Cook, Mr. Cramer, Mr. Duffy, Mr. Duncan of 
 Tennessee, Mr. Ferguson, Mr. Gallagher, Mr. Gianforte, Mr. Graves of 
    Georgia, Mr. Graves of Missouri, Mr. Griffith, Mr. Harper, Mrs. 
  Hartzler, Mr. Jenkins of West Virginia, Ms. Jenkins of Kansas, Mr. 
     Johnson of Ohio, Mr. Joyce of Ohio, Ms. Kaptur, Mr. Kelly of 
   Pennsylvania, Mr. King of Iowa, Ms. Kuster of New Hampshire, Mr. 
LaMalfa, Mr. Lamborn, Mr. Latta, Mr. Long, Mr. Luetkemeyer, Mr. Marino, 
   Mr. Marshall, Mr. Moulton, Mrs. Noem, Mr. Rogers of Alabama, Mr. 
Rothfus, Ms. Sewell of Alabama, Mr. Smith of Missouri, Mr. Tiberi, Mr. 
Tipton, Mr. Turner, Mrs. Wagner, Mr. Welch, Mr. Young of Iowa, Mr. Ryan 
 of Ohio, Mr. Roe of Tennessee, Mr. Allen, Mr. Visclosky, Mr. Kelly of 
  Mississippi, Mr. Mullin, and Mr. Loebsack) introduced the following 
 bill; which was referred to the Committee on Energy and 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 extend the transition to new payment rates for durable medical 
   equipment under the Medicare program and amend title XVIII of the 
     Social Security Act to update the Medicare budget neutrality 
                        requirement for oxygen.

    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 ``Protecting Home Oxygen & Medical 
Equipment Access Act of 2017'' or the ``Protecting HOME Access Act of 
2017''.

SEC. 2. EXTENSION OF THE TRANSITION TO NEW PAYMENT RATES FOR DURABLE 
              MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM.

    (a) In General.--The Secretary of Health and Human Services shall 
extend the transition period described in clause (i) of section 
414.210(g)(9) of title 42, Code of Federal Regulations, from January 1, 
2017, to December 31, 2018 (with the full implementation described in 
clause (ii) of such section applying to items and services furnished 
with dates of service on or after January 1, 2019).
    (b) Payment Amount.--Notwithstanding section 414.210(g)(8) of title 
42, Code of Federal Regulations, reimbursement rates for applicable 
items and services applied pursuant to subsection (a) shall be equal to 
reimbursement rates in effect on January 1, 2016.

SEC. 3. BUDGET NEUTRALITY FOR OXYGEN UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1834(a)(9)(D)(ii) of the Social Security 
Act (42 U.S.C. 1395m(a)(9)(D)(ii)) is amended by adding at the end the 
following new sentence: ``The requirement of the preceding sentence 
shall not apply to an action described in clause (i) with respect to 
items and services described in such clause for which there is 
conducted a competitive acquisition program under section 1847(a) or 
with respect to which payment is adjusted pursuant to clause (ii) or 
(iii) of paragraph (1)(F).''.
    (b) Effective Date.--The amendment made by paragraph (1) shall 
apply with respect to items and services furnished on or after the date 
that is 30 days after the date of the enactment of this Act.
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