[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3137 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3137

 To amend section 4615 of the Balanced Budget Act of 1997 to delay for 
  18 months the prohibition of payment under the Medicare Program for 
home health services consisting of venipuncture solely for the purpose 
 of obtaining a blood sample and to require submission of a report on 
                the impact of implementing such section.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1998

   Mr. Aderholt (for himself, Mr. Rahall, Mr. Riley, Mr. Bachus, Mr. 
     LaHood, Mr. Tanner, Mr. Jenkins, Mr. Cramer, and Mr. Boucher) 
 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 section 4615 of the Balanced Budget Act of 1997 to delay for 
  18 months the prohibition of payment under the Medicare Program for 
home health services consisting of venipuncture solely for the purpose 
 of obtaining a blood sample and to require submission of a report on 
                the impact of implementing such section.

    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 Seniors 
Protection Act of 1998''.

SEC. 2. 18-MONTH DELAY ON PROHIBITION ON PAYMENT FOR HOME HEALTH 
              SERVICES SOLELY FOR PURPOSES OF OBTAINING A BLOOD SAMPLE.

    Effective as if included in the enactment of the Balanced Budget 
Act of 1997 (Public Law 105-33), section 4615(b) of such Act (111 Stat. 
475) is amended by striking ``shall apply to home health services 
furnished after the 6-month period beginning after the date of 
enactment of this Act'' and inserting ``shall apply to home health 
services furnished on and after August 5, 1999''.

SEC. 3. REPORT TO CONGRESS ON MEDICARE HOME HEALTH BENEFITS BASED 
              SOLELY ON DRAWING BLOOD.

    (a) Study.--
            (1) In general.--The Secretary of Health and Human Services 
        shall conduct a study with respect to the provision of home 
        health services consisting of venipuncture under the medicare 
        program under title XVIII of the Social Security Act.
            (2) Details.--In conducting such study, the Secretary 
        determine the following, using the most recent data available:
                    (A) The number of beneficiaries who are provided 
                benefits for home health services under the medicare 
                program.
                    (B) Of such beneficiaries--
                            (i) the number of beneficiaries who are 
                        provided benefits for home health services that 
                        include venipuncture, and
                            (ii) the number of beneficiaries who are 
                        provided benefits for home health services and 
                        who qualify for such services on the basis that 
                        the only qualifying skill is the need for 
                        venipuncture solely for the purpose of 
                        obtaining a blood sample.
                    (C) The average expenditures, per home health visit 
                under such program, for each of the group of 
                beneficiaries described in clause (i) and clause (ii) 
                of subparagraph (B).
                    (D) The aggregate annual expenditures under the 
                medicare program for benefits for home health services 
                for each of the groups of beneficiaries described in 
                such clauses and the proportion of such expenditures 
                that may be attributable to fraud and abuse in the 
                provision of (or billing for) such services.
                    (E) The aggregate reduction in annual expenditures 
                under the medicare program that is estimated to result 
                from the implementation of section 4615 of the Balanced 
                Budget Act of 1997, taking into account alternative 
                means by which beneficiaries described in subparagraph 
                (B)(ii) may subsequently be able to qualify for home 
                health benefits.
                    (F) The aggregate annual increase in costs to 
                medicare beneficiaries and to States (through increased 
                use of personal care services, nursing facility 
                services, and other services under the medicaid and 
                other programs) that is estimated to result from the 
                implementation of such section.
            (3) Data on beneficiaries residing in rural areas.--In 
        conducting such study, such Secretary, to the extent 
        practicable, shall make the determinations under paragraph (2) 
        separately for beneficiaries residing in rural areas.
    (b) Report.--Not later than February 5, 1999, the Secretary shall 
submit to Congress a report on the study conducted under subsection 
(a). The report shall include the determinations described in 
subsections (a)(2) and (a)(3) and a separate analysis of the impact of 
the implementation of section 4615 of the Balanced Budget Act of 1997 
on medicare beneficiaries residing in rural areas, and, in particular, 
hardships that may be imposed due to the long and difficult travel 
conditions that exist for many such beneficiaries.
    (c) Additional Requirements for Report on Definition of 
Homebound.--Section 4613(b) of the Balanced Budget Act of 1997 (111 
Stat. 474) is amended by adding at the end the following: ``The report 
shall also include specific legislative recommendations to reduce 
waste, fraud, and abuse (if any) in the determination of whether an 
individual is homebound without jeopardizing the services provided 
under title XVIII of the Social Security Act to beneficiaries that have 
serious medical conditions.''.
                                 <all>