[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2912 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2912

  To amend the Balanced Budget Act of 1997 to reinstate payment under 
medicare for home health services consisting of venipuncture solely for 
 the purpose of obtaining a blood sample, and to require the Secretary 
 of Health and Human Services to study potential fraud and abuse under 
          the medicare program with respect to such services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES



 Mr. Rahall (for himself, Mr. Poshard, Mr. Mollohan, Mrs. Clayton, Ms. 
  Kilpatrick, Mr. McIntyre, Mr. Frost, Mr. Costello, Mr. Clement, Mr. 
  Baesler, Mr. Aderholt, Mr. Boucher, and Mr. Cramer) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
    and in addition to the Commitee 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 the Balanced Budget Act of 1997 to reinstate payment under 
Medicare for home health services consisting of venipuncture solely for 
 the purpose of obtaining a blood sample, and to require the Secretary 
 of Health and Human Services to study potential fraud and abuse under 
          the Medicare Program with respect to such services.

    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 ``Medicare Venipuncture Fairness Act 
of 1997''.

SEC. 2. REPEAL OF PROHIBITION ON PAYMENT FOR HOME HEALTH SERVICES 
              SOLELY FOR PURPOSES OF OBTAINING A BLOOD SAMPLE; REPORT.

    (a) Repeal.--Section 4615 of the Balanced Budget Act of 1997 is 
hereby repealed.
    (b) Report to Congress.--The Balanced Budget Act of 1997, as 
amended in subsection (a), is further amended by inserting after 
section 4614, the following new section:

``SEC. 4615. REPORT TO CONGRESS ON HOME HEALTH BENEFITS BASED SOLELY ON 
              DRAWING BLOOD.

    ``(a) Study.--The Secretary of Health and Human Services shall 
conduct a study with respect to the provision of home health services 
consisting of venipuncture under title XVIII of the Social Security 
Act. In conducting such study, the Secretary, using the most recent 
data available, shall--
            ``(1) determine the number of beneficiaries who are 
        provided home health services under the medicare program;
            ``(2) determine the number of beneficiaries who receive 
        such services consisting of venipuncture;
            ``(3) compare the instances in which the only home health 
        service provided in a home health visit is venipuncture solely 
        for the purposes of obtaining a blood sample and those 
        instances in which venipuncture is provided in such a visit in 
        conjunction with the provision of other home health services;
            ``(4) determine the costs of providing payment for home 
        health services consisting of venipuncture solely for the 
        purpose of obtaining a blood sample, including in such 
        determination an analysis of the increase in such costs 
        attributable to fraud and abuse in the provision of or billing 
        for such services under the medicare program; and
            ``(5) determine--
                    ``(A) the costs to beneficiaries if payment under 
                the medicare program is prohibited for home health 
                services consisting of venipuncture solely for the 
                purposes of obtaining a blood sample, and
                    ``(B) the costs to States through potentially 
                increased use of personal care services and nursing 
                home placements under the reduced program due to such 
                prohibition.
    ``(b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
consisting of the findings of the study conducted under subsection 
(a).''.
    (c) Clerical Amendment.--The item relating to section 4615 in the 
table of contents of title IV of the Balanced Budget Act of 1997 is 
amended to read as follows:

``Sec. 4615. Report to Congress on home health benefits based solely on 
                            drawing blood.''.
    (d) Effective Date.--The amendments made by this section take 
effect as if included in the enactment of the Balanced Budget Act of 
1997.
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