[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3259 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3259

  To amend title XVIII of the Social Security Act to clarify that any 
  restrictions on private contracts for Medicare beneficiaries do not 
                     apply to non-covered services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1998

  Mr. Cardin (for himself, Mr. Barrett of Wisconsin, Mr. Bentsen, Mr. 
    Clement, Mr. Murtha, Mr. Frost, Mr. Kucinich, and Mr. Sandlin) 
 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 clarify that any 
  restrictions on private contracts for Medicare beneficiaries do not 
                     apply to non-covered 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 Private Contracting 
Clarification Act of 1998''.

SEC. 2. CLARIFYING THAT MEDICARE PRIVATE CONTRACTS DO NOT APPLY TO NON-
              COVERED SERVICES.

    (a) In General.--Section 1802(b) of the Social Security Act (42 
U.S.C. 1395a(b)), as added by section 4507(a) of the Balanced Budget 
Act of 1997, is amended by adding at the end the following new 
paragraph:
            ``(6) Clarification that private contracts do not apply to 
        non-covered services.--Nothing in this section or this title 
        shall be construed as applying to or requiring a private 
        contract for the furnishing of an item or service for which no 
        amount is payable under this title by reason of any of the 
        following:
                    ``(A) Categorically excluded services.--The 
                application of section 1862(a) (other than paragraph 
                (1) or (9) of such section).
                    ``(B) Limitations on patient beneficiary 
                liability.--The application of section 1879, 1842(l), 
                1834(a)(18), or 1834(j)(4), and the individual involved 
                is made liable for payment for the item or service 
                under such section.
        This paragraph shall not be treated as providing an exclusive 
        list of the circumstances under which such a private contract 
        is not required.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
as if it were included in the enactment of the Balanced Budget Act of 
1997.
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