[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2790 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2790

 To amend titles XVIII and XIX of the Social Security Act to authorize 
   States to impose fees for the initial certification and survey of 
health care facilities in order to provide for timely certification of 
       these facilities under the Medicare and Medicaid Programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 1995

 Mrs. Lincoln 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 amend titles XVIII and XIX of the Social Security Act to authorize 
   States to impose fees for the initial certification and survey of 
health care facilities in order to provide for timely certification of 
       these facilities under the Medicare and Medicaid Programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZING STATES TO IMPOSE FEES FOR INITIAL FACILITY 
              CERTIFICATION AND SURVEY UNDER THE MEDICARE AND MEDICAID 
              PROGRAMS.

    (a) Medicare Program.--Section 1864(e) of the Social Security Act 
(42 U.S.C. 1395aa(e)) is amended--
            (1) by inserting ``(1)'' after ``(e)'', and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) Nothing in paragraph (1) shall be construed as preventing 
a State from imposing a fee on any facility or entity for conducting an 
initial determination referred to in paragraph (1) or a survey relating 
to such initial determination, so long as such determination or survey 
is made by a qualified entity consistent with subsection (a) and the 
fee does not exceed an amount equal to the amount of the expenses (or 
average of the expenses) of the State in conducting such a 
determination and survey. Such fees may vary by State and by type of 
entity concerned and may only be used toward the expenses of such 
initial determinations and surveys.
    ``(B) The Secretary shall not pay a State under subsection (b) for 
costs of making such determinations and surveys to the extent fees 
under this paragraph cover the reasonable costs of the State in 
performing such activities.''.
    (b) Medicaid Program.--Section 1902 of such Act (42 U.S.C. 1396a) 
is amended by adding at the end the following new subsection:
    ``(aa)(1) Nothing in this title shall be construed as preventing a 
State from imposing a fee on any facility or entity for conducting an 
initial determination or survey related to such a determination as to 
whether the facility or entity meets requirements under this title, so 
long as such determination or survey is made by a qualified entity and 
the fee does not exceed an amount equal to the amount of the expenses 
(or average of the expenses) of the State in conducting such a 
determination and survey. Such fees may vary by type of entity 
concerned and may only be used toward the expenses of such initial 
determinations and surveys.
    ``(2) The Secretary shall not pay a State under section 1903(a) for 
State expenditures in making such determinations and surveys to the 
extent the fees under this subsection cover the reasonable costs of the 
State in performing such activities.''.
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