[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3004 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3004

 To amend title XVIII of the Social Security Act to extend the maximum 
 period permitted between standard surveys of home health agencies and 
  to expand the scope of ``deemed status'' and permit recognition of 
   surveys by national accreditation bodies for providers under the 
                           medicare program.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1996

Mrs. Lincoln (for herself, Mr. Tauzin, Mr. Poshard, Mr. Hutchinson, and 
  Mr. Minge) introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committee on 
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 extend the maximum 
 period permitted between standard surveys of home health agencies and 
  to expand the scope of ``deemed status'' and permit recognition of 
   surveys by national accreditation bodies for providers 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. CHANGE IN INTERVALS BETWEEN STANDARD SURVEYS FOR HOME HEALTH 
              AGENCIES UNDER THE MEDICARE PROGRAM.

    Section 1891(c)(2)(A) of the Social Security Act (42 U.S.C. 
1395bbb(c)(2)(A)) is amended--
            (1) by striking ``15 months'' and inserting ``36 months'', 
        and
            (2) by amending the second sentence to read as follows: 
        ``The Secretary shall establish statewide average intervals 
        between standard surveys that are consistent with the previous 
        sentence and the need to assure the delivery of quality home 
        health services.''.

SEC. 2. EXPANSION OF ``DEEMED STATUS'' AND RECOGNITION OF SURVEYS BY 
              NATIONAL ACCREDITATION BODIES FOR PROVIDERS UNDER THE 
              MEDICARE PROGRAM.

    (a) Deemed Status.--
            (1) In general.--Section 1865(a) of the Social Security Act 
        (42 U.S.C. 1395bb(a)) is amended--
                    (A) in the third sentence--
                            (i) by striking ``of section 
                        1832(a)(2)(F)(i)'' and all that follows through 
                        ``deems it appropriate'' and inserting ``or 
                        requirements of this title are met, the 
                        Secretary shall'', and
                            (ii) by striking ``the condition or 
                        conditions'' and inserting ``any condition or 
                        requirement''; and
                    (B) by inserting after the third sentence the 
                following: ``The Secretary shall approve or deny a 
                written request for such a finding (and publish notice 
                of such approval or denial) not later than 120 days 
                after the date such a request (with any documentation 
                necessary to make a determination on the request) is 
                received. The Secretary shall provide notice and a 
                period of at least 30 days (during such 120 days) for 
                public comment on such a written request.''.
            (2) Conforming amendment.--Section 1834(j)(1)(E) of such 
        Act (42 U.S.C. 1395m(j)(1)(E)) is amended by inserting ``or as 
        authorized under section 1864(a) or the third sentence of 
        section 1865(a)'' after ``section 1842''.
    (b) Recognition of Surveys of National Accreditation Bodies.--
Section 1864 of such Act (42 U.S.C. 1395aa) is amended by adding at the 
end the following new subsection:
    ``(f)(1) The Secretary shall treat an entity referred to in 
subsection (a) as meeting the applicable requirements or standards 
described in such subsection if the entity has been determined to meet 
such requirements or standards by a national accreditation body that 
determines compliance with such requirements or standards in a manner 
that the Secretary finds is comparable to the manner in which a State 
agency would otherwise determine compliance with such requirements or 
standards under an agreement under this section.
    ``(2) The Secretary shall approve or disapprove a written request 
for such a finding (and publish notice of such approval or denial) not 
later than 120 days after the date such a request (with any 
documentation necessary to make the determination on the request) is 
received. The Secretary shall provide notice and a period of at least 
30 days (during such 120 days) for public comment on the request.''.
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