[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 66 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                 H. R. 66

To amend title XVIII of the Social Security Act to provide protections 
 for Medicare beneficiaries who enroll in Medicare managed care plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             January 7, 1997

Mr. Coburn (for himself and Mr. Brown of Ohio) 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 provide protections 
 for Medicare beneficiaries who enroll in Medicare managed care plans.

    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 Patient Choice and Access 
Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There should be no unreasonable barriers or impediments 
        to the ability of individuals enrolled in health care plans to 
        obtain appropriate specialized medical services.
            (2) The patient's first point of contact in a health care 
        plan must be encouraged to make all appropriate medical 
        referrals and should not be constrained financially from making 
        such referrals.
            (3) Some health care plans may impede timely access to 
        specialty care.
            (4) Some contracts between health care plans and providers 
        may contain provisions which impede the provider in informing 
        the patient of the full range of treatment options.
            (5) Patients cannot make appropriate health care decisions 
        without access to all relevant information relating to those 
        decisions.
            (6) Restrictions on the ability of health care providers to 
        provide full disclosure of all relevant information to patients 
        making health care decisions violate the principles of informed 
        consent and the ethical standards of the health care 
        professions. Contractual clauses and other policies that 
        interfere with communications between health care providers and 
        patients can impact the quality of care received by those 
        patients.
            (7) Patients should have the opportunity to access out-of-
        network items, treatment, and services at an additional cost to 
        the patient which is not so prohibitive that they are deterred 
        from seeing the health care provider of their own choice.
            (8) Specialty care must be available for the full duration 
        of the patient's medical needs and not limited by time or 
        number of visits.
            (9) Direct access to specialty care is essential for 
        patients in emergency and non-emergency situations and for 
        patients with chronic and temporary conditions.

SEC. 3. PROTECTION FOR MEDICARE HMO ENROLLEES.

    (a) In General.--Section 1876 of the Social Security Act (42 U.S.C. 
1395mm) is amended--
            (1) in subsection (c)(1), by striking ``subsection (e)'' 
        and inserting ``subsections (e) and (k)'', and
            (2) by adding at the end the following new subsection:
    ``(k) Beneficiary Protection.--
            ``(1) Assuring adequate in-network access.--
                    ``(A) Timely access.--An eligible organization that 
                restricts the providers from whom benefits may be 
                obtained must guarantee to enrollees under this section 
                timely access to primary and specialty health care 
                providers who are appropriate to the enrollee's 
                condition.
                    ``(B) Access to specialized care.--Enrollees must 
                have access to specialized treatment when necessary. 
                This access may be satisfied through contractual 
                arrangements with specialized providers outside of the 
                network.
                    ``(C) Continuity of care.--An eligible 
                organization's use of case management may not create an 
                undue burden for enrollees under this section. An 
                organization must ensure direct access to specialists 
                for ongoing care as so determined by the case manager 
                in consultation with the specialty care provider. This 
                continuity of care may be satisfied for enrollees with 
                chronic conditions through the use of a specialist 
                serving as case manager.
            ``(2) Out-of-network access.--If an eligible organization 
        offers to members enrolled under this section a plan which 
        provides for coverage of services covered under parts A and B 
        only if such services are furnished through providers and other 
        persons who are members of a network of providers and other 
        persons who have entered into a contract with the organization 
        to provide such services, the contract with the organization 
        under this section shall provide that the organization shall 
        also offer to members enrolled under this section (at the time 
        of enrollment) a plan which provides for coverage of such items 
        which are not furnished through providers and other persons who 
        are members of such a network.
            ``(3) Grievance process.--
                    ``(A) In general.--An eligible organization must 
                provide a meaningful and expedited procedure, which 
                includes notice and hearing requirements, for resolving 
                grievances between the organization (including any 
                entity or individual through which the organization 
                provides health care services) and members enrolled 
                with the organization under this section. Under the 
                procedure any member enrolled with the organization may 
                at any time file a complaint to resolve grievances 
                between the member and the organization before a board 
                of appeals established under subparagraph (C).
                    ``(B) Notice requirements.--
                            ``(i) In general.--The organization must 
                        provide, in a timely manner, an enrollee a 
                        notice of any denial of services in-network or 
                        denial of payment for out-of-network care.
                            ``(ii) Information required.--Such notice 
                        shall include the following:
                                    ``(I) A clear statement of the 
                                reason for the denial.
                                    ``(II) An explanation of the 
                                complaint process under subparagraph 
                                (C) which is available to the enrollee 
                                upon request.
                                    ``(III) An explanation of all other 
                                appeal rights available to all 
                                enrollees.
                                    ``(IV) A description of how to 
                                obtain supporting evidence for this 
                                hearing, including the patient's 
                                medical records from the organization, 
                                as well as supporting affidavits from 
                                the attending health care providers.
                    ``(C) Hearing board.--
                            ``(i) In general.--Each eligible 
                        organization shall establish a board of appeals 
                        to hear and make determinations on complaints 
                        by enrollees concerning denials of coverage or 
                        payment for services (whether in-network or 
                        out-of-network) and the medical necessity and 
                        appropriateness of covered items and services.
                            ``(ii) Composition.--A board of appeals of 
                        an eligible organization shall consist of--
                                    ``(I) representatives of the 
                                organization, including physicians, 
                                nonphysicians, administrators, and 
                                enrollees;
                                    ``(II) consumers who are not 
                                enrollees; and
                                    ``(III) providers with expertise in 
                                the field of medicine which 
                                necessitates treatment.
                            ``(iii) Deadline for decision.--A board of 
                        appeals shall hear and resolve complaints 
                        within 30 days after the date the complaint is 
                        filed with the board.
                    ``(D) Appeal to secretary.--Nothing in this 
                paragraph may be construed to replace or supersede any 
                appeals mechanism otherwise provided for an individual 
                entitled to benefits under this title.
            ``(4) Notice of enrollee rights and enrollee information 
        checklist.--
                    ``(A) In general.--Each eligible organization shall 
                provide each enrollee, at the time of enrollment and 
                not less frequently than annually thereafter, an 
                explanation of the enrollee's rights under this section 
                and a copy of the most recent enrollee information 
                checklist for the organization (as described in 
                subparagraph (C)).
                    ``(B) Rights described.--The explanation of rights 
                under subparagraph (A) shall include an explanation 
                of--
                            ``(i) the enrollee's rights to benefits 
                        from the organization;
                            ``(ii) the restrictions on payments under 
                        this title for services furnished other than by 
                        or through the organization;
                            ``(iii) out-of-area coverage provided by 
                        the organization;
                            ``(iv) the organization's coverage of 
                        emergency services and urgently needed care;
                            ``(v) the organization's coverage of out-
                        of-network services, including services that 
                        are additional to the items and services 
                        covered under parts A and B; and
                            ``(vi) appeal rights of enrollees.
                    ``(C) Enrollee information checklist.--For purposes 
                of subparagraph (A), the term `enrollee information 
                checklist' means, with respect to an eligible 
                organization for a year, a list containing the 
                following information (provided in a manner that 
                permits consumers to compare organizations with respect 
                to the information):
                            ``(i) For each plan, information on--
                                    ``(I) the premium for the plan,
                                    ``(II) identity, location, 
                                qualifications and availability of 
                                providers in any provider networks of 
                                the plan,
                                    ``(III) the number of individuals 
                                enrolling and disenrolling from the 
                                plan,
                                    ``(IV) procedures used by the plan 
                                to control utilization of services and 
                                expenditures,
                                    ``(V) procedures used by the plan 
                                to assure quality of care, and
                                    ``(VI) rights and responsibilities 
                                of enrollees.
                            ``(ii) In addition, for each managed care 
                        plan, information on--
                                    ``(I) restrictions on payment for 
                                services provided outside the plan's 
                                provider network,
                                    ``(II) the process by which 
                                services may be obtained through the 
                                plan's provider network,
                                    ``(III) coverage for out-of-area 
                                services, and
                                    ``(IV) any exclusions in the types 
                                of providers participating in the 
                                plan's provider network.
            ``(5) Restrictions on provider incentive plans.--
                    ``(A) In general.--Each contract with an eligible 
                organization under this section shall provide that the 
                organization may not operate any provider incentive 
                plan (as defined in subparagraph (B)) unless the 
                following requirements are met:
                            ``(i) No specific payment is made directly 
                        or indirectly under the plan to a provider or 
                        provider group as an inducement to reduce or 
                        limit medically necessary services.
                            ``(ii) If the plan places a provider or 
                        provider group at substantial financial risk 
                        (as determined by the Secretary) for services 
                        not provided by the provider or provider group, 
                        the organization--
                                    ``(I) provides stop-loss protection 
                                for the provider or group that is 
                                adequate and appropriate, based on 
                                standards developed by the Secretary 
                                that take into account the number (and 
                                type) of providers placed at such 
                                substantial financial risk in the group 
                                or under the plan and the number of 
                                individuals enrolled with the 
                                organization who receive services from 
                                the provider or the group, and
                                    ``(II) conducts periodic surveys of 
                                both individuals enrolled and 
                                individuals previously enrolled with 
                                the organization to determine the 
                                degree of access of such individuals to 
                                services provided by the organization 
                                and satisfaction with the quality of 
                                such services.
                            ``(iii) The organization provides the 
                        Secretary with descriptive information 
                        regarding the plan, sufficient to permit the 
                        Secretary to determine whether the plan is in 
                        compliance with the requirements of this 
                        subparagraph.
                    ``(B) Provider incentive plan defined.--In this 
                paragraph, the term `provider incentive plan' means any 
                compensation arrangement between an eligible 
                organization and a provider or provider group that may 
                directly or indirectly have the effect of reducing or 
                limiting medically necessary services provided with 
                respect to individuals enrolled with the organization.
            ``(6) Prohibition of interference with certain medical 
        communications.--
                    ``(A) In general.--
                            ``(i) Prohibition of certain provisions.--
                        Subject to subparagraph (C), an eligible 
                        organization may not include with respect to 
                        its plan under this section any provision that 
                        prohibits or restricts any medical 
                        communication (as defined in subparagraph (B)) 
                        as part of--
                                    ``(I) a written contract or 
                                agreement with a health care provider,
                                    ``(II) a written statement to such 
                                a provider, or
                                    ``(III) an oral communication to 
                                such a provider.
                            ``(ii) Nullification.--Any provision 
                        described in clause (i) is null and void.
                    ``(B) Medical communication defined.--In this 
                paragraph, the term `medical communication' means a 
                communication made by a health care provider with a 
                patient of the provider (or the guardian or legal 
                representative of such patient) with respect to any of 
                the following:
                            ``(i) How participating physicians and 
                        providers are paid.
                            ``(ii) Utilization review procedures.
                            ``(iii) The basis for specific utilization 
                        review decisions.
                            ``(iv) Whether a specific prescription drug 
                        or biological is included in the formulary.
                            ``(v) How the eligible organization decides 
                        whether a treatment or procedure is 
                        experimental.
                            ``(vi) The patient's physical or mental 
                        condition or treatment options.
                    ``(C) Construction.--Nothing in this paragraph 
                shall be construed as preventing an entity from--
                            ``(i) acting on information relating to the 
                        provision of (or failure to provide) treatment 
                        to a patient, or
                            ``(ii) restricting a medical communication 
                        that recommends one health plan over another if 
                        the sole purpose of the communication is to 
                        secure financial gain for the health care 
                        provider.
            ``(7) Additional definitions.--For purposes of this 
        subsection:
                    ``(A) Health care provider.--The term `health care 
                provider' means anyone licensed under State law to 
                provide health care services under part A or part B.
                    ``(B) In-network.--The term `in-network' means 
                services provided by health care providers who have 
                entered into a contract or agreement with the 
                organization under which such providers are obligated 
                to provide items, treatment, and services under this 
                section to individuals enrolled with the organization 
                under this section.
                    ``(C) Network.--The term `network' means, with 
                respect to an eligible organization, the health care 
                providers who have entered into a contract or agreement 
                with the organization under which such providers are 
                obligated to provide items, treatment, and services 
                under this section to individuals enrolled with the 
                organization under this section.
                    ``(D) Out-of-network.--The term `out-of-network' 
                means services provided by health care providers who 
                have not entered into a contract agreement with the 
                organization under which such providers are obligated 
                to provide items, treatment, and services under this 
                section to individuals enrolled with the organization 
                under this section.
            ``(8) Non-preemption of state law.--A State may establish 
        or enforce requirements with respect to the subject matter of 
        this subsection, but only if such requirements are more 
        stringent than the requirements established under this 
        subsection.''.
    (b) Conforming Amendments.--Section 1876 of such Act is further 
amended--
            (1) by striking subparagraph (E) of subsection (c)(3);
            (2) by striking paragraphs (4) and (5) of subsection (c); 
        and
            (3) by striking paragraph (8) of subsection (i).
    (c) Effective Date.--The amendments made by this section shall 
apply to contracts entered into or renewed under section 1876 of the 
Social Security Act after the expiration of the 1-year period which 
begins on the date of the enactment of this Act.

SEC. 4. APPLICATION OF PROTECTIONS TO MEDICARE SELECT POLICIES.

    (a) In General.--Section 1882(t)(1) of the Social Security Act (42 
U.S.C. 1395ss(t)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) notwithstanding any other provision of this 
                section to the contrary, if the issuer of the policy 
                meets the requirements of section 1876(k) with respect 
                to individuals enrolled under the policy in the same 
                manner such requirements apply with respect to an 
                eligible organization under such section with respect 
                to individuals enrolled with the organization under 
                such section.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to policies issued or renewed on or after the expiration of the 
1-year period which begins on the date of the enactment of this Act.
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