[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 370 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 370

    To amend title XVIII of the Social Security Act to provide for 
 increased medicare reimbursement for nurse practitioners and clinical 
nurse specialists to increase the delivery of health services in health 
          professional shortage areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 1997

Mr. Grassley (for himself, Mr. Conrad, and Mr. Hollings) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
    To amend title XVIII of the Social Security Act to provide for 
 increased medicare reimbursement for nurse practitioners and clinical 
nurse specialists to increase the delivery of health services in health 
          professional shortage areas, and for other purposes.

    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 ``Primary Care Health Practitioner 
Incentive Act of 1997''.

SEC. 2. INCREASED MEDICARE REIMBURSEMENT FOR NURSE PRACTITIONERS AND 
              CLINICAL NURSE SPECIALISTS.

    (a) Removal of Restrictions on Settings.--
            (1) In general.--Section 1861(s)(2)(K)(ii) of the Social 
        Security Act (42 U.S.C. 1395x(s)(2)(K)(ii)) is amended to read 
        as follows:
            ``(ii) services which would be physicians' services if 
        furnished by a physician (as defined in subsection (r)(1)) and 
        which are performed by a nurse practitioner or clinical nurse 
        specialist (as defined in subsection (aa)(5)) which the nurse 
        practitioner or clinical nurse specialist is legally authorized 
        to perform by the State in which the services are performed, 
        and such services and supplies furnished as an incident to such 
        services as would be covered under subparagraph (A) if 
        furnished incident to a physician's professional service;''.
            (2) Conforming amendments.--
                    (A) Section 1861(s)(2)(K) of such Act (42 U.S.C. 
                1395x(s)(2)(K)), as amended by paragraph (1), is 
                amended--
                            (i) in clause (i), by inserting ``and such 
                        services and supplies furnished as incident to 
                        such services as would be covered under 
                        subparagraph (A) if furnished as an incident to 
                        a physician's professional service, and'' after 
                        ``are performed,''; and
                            (ii) by striking clauses (iii) and (iv).
                    (B) Section 1861(b)(4) of such Act (42 U.S.C. 
                1395x(b)(4)) is amended by striking ``clauses (i) or 
                (iii) of subsection (s)(2)(K)'' and inserting 
                ``subsection (s)(2)(K)''.
                    (C) Section 1862(a)(14) of such Act (42 U.S.C. 
                1395y(a)(14)) is amended by striking ``section 
                1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)'' and inserting 
                ``section 1861(s)(2)(K)''.
                    (D) Section 1866(a)(1)(H) of such Act (42 U.S.C. 
                1395cc(a)(1)(H)) is amended by striking ``section 
                1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)'' and inserting 
                ``section 1861(s)(2)(K)''.
    (b) Increased Payment.--
            (1) Fee schedule amount.--Section 1833(a)(1)(O) of the 
        Social Security Act (42 U.S.C. 1395l(a)(1)(O)) is amended to 
        read as follows: ``(O) with respect to services described in 
        section 1861(s)(2)(K)(ii) (relating to nurse practitioner or 
        clinical nurse specialist services), the amounts paid shall be 
equal to 80 percent of (i) the lesser of the actual charge or 85 
percent of the fee schedule amount provided under section 1848 for the 
same service provided by a physician who is not a specialist; or (ii) 
in the case of services as an assistant at surgery, the lesser of the 
actual charge or 85 percent of the amount that would otherwise be 
recognized if performed by a physician who is serving as an assistant 
at surgery, and''.
            (2) Conforming amendments.--
                    (A) Section 1833(r) of such Act (42 U.S.C. 
                1395l(r)) is amended--
                            (i) in paragraph (1), by striking ``section 
                        1861(s)(2)(K)(iii) (relating to nurse 
                        practitioner or clinical nurse specialist 
                        services provided in a rural area),'' and 
                        inserting ``section 1861(s)(2)(K)(ii) (relating 
                        to nurse practitioner or clinical nurse 
                        specialist services),'';
                            (ii) by striking paragraph (2);
                            (iii) in paragraph (3), by striking 
                        ``section 1861(s)(2)(K)(iii)'' and inserting 
                        ``section 1861(s)(2)(K)(ii)''; and
                            (iv) by redesignating paragraph (3) as 
                        paragraph (2).
                    (B) Section 1842(b)(12)(A) of such Act (42 U.S.C. 
                1395u(b)(12)(A)) is amended in the matter preceding 
                clause (i), by striking ``clauses (i), (ii), or (iv) of 
                section 1861(s)(2)(K) (relating to a physician 
                assistants and nurse practitioners)'' and inserting 
                ``section 1861(s)(2)(K)(i) (relating to physician 
                assistants)''.
    (c) Direct Payment for Nurse Practitioners and Clinical Nurse 
Specialists.--
            (1) In general.--Section 1832(a)(2)(B)(iv) of the Social 
        Security Act (42 U.S.C. 1395k(a)(2)(B)(iv)) is amended by 
        striking ``provided in a rural area (as defined in section 
        1886(d)(2)(D))''.
            (2) Conforming amendment.--Section 1842(b)(6)(C) of such 
        Act (42 U.S.C. 1395u(b)(6)(C)) is amended--
                    (A) by striking ``clauses (i), (ii), or (iv)'' and 
                inserting ``clause (i)''; and
                    (B) by striking ``or nurse practitioner''.
    (d) Bonus Payment for Services Provided in Health Professional 
Shortage Areas.--Section 1833(m) of such Act (42 U.S.C. 1395l(m)) is 
amended--
            (1) by inserting ``(1)'' after ``(m)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In the case of services of a nurse practitioner or clinical 
nurse specialist furnished to an individual, described in paragraph 
(1), in an area that is a health professional shortage area as 
described in such paragraph, in addition to the amount otherwise paid 
under this part, there shall also be paid to such service provider (on 
a monthly or quarterly basis) from the Federal Supplementary Medical 
Insurance Trust Fund an amount equal to 10 percent of the payment 
amount for the service under this part.''.
    (e) Definition of Clinical Nurse Specialist Clarified.--Section 
1861(aa)(5) of such Act (42 U.S.C. 1395x(aa)(5)) is amended--
            (1) by inserting ``(A)'' after ``(5)'';
            (2) by striking ``The term ```physician assistant''' and 
        all that follows through ``who performs'' and inserting ``The 
        term `physician assistant' and the term `nurse practitioner' 
        mean, for purposes of this title, a physician assistant or 
        nurse practitioner who performs''; and
            (3) by adding at the end the following new subparagraph:
    ``(B) The term `clinical nurse specialist' means, for purposes of 
this title, an individual who--
            ``(i) is a registered nurse and is licensed to practice 
        nursing in the State in which the clinical nurse specialist 
        services are performed; and
            ``(ii) holds a master's degree in a defined clinical area 
        of nursing from an accredited educational institution.''.
    (f) Effective Date.--The amendments made by this section shall 
apply with respect to services furnished and supplies provided on and 
after July 1, 1997.
                                 <all>