[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 98 Introduced in House (IH)]







106th CONGRESS
  1st Session
H. CON. RES. 98

 Expressing the sense of the Congress regarding the regulatory burdens 
  imposed by the Health Care Financing Administration on suppliers of 
         durable medical equipment under the Medicare Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 1999

  Mr. Towns submitted the following concurrent resolution; 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

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Expressing the sense of the Congress regarding the regulatory burdens 
  imposed by the Health Care Financing Administration on suppliers of 
         durable medical equipment under the Medicare Program.

Whereas 5,100,000 elderly medicare beneficiaries currently use durable medical 
        equipment and related services;
Whereas the Balanced Budget Act of 1997 implemented a 5-year freeze in medicare 
        payment amounts for covered items of durable medical equipment;
Whereas the Balanced Budget Act of 1997 implemented a surety bond requirement 
        for providers of durable medical equipment in an amount not to exceed 
        $50,000 as a condition of participation in the medicare program;
Whereas the Balanced Budget Act of 1997 authorized HCFA to conduct up to 3 
        competitive bidding demonstration projects for up to 5 categories of 
        durable medical equipment, including oxygen;
Whereas the Balanced Budget Act of 1997 reduced medicare payments for oxygen and 
        oxygen equipment by 30 percent over 2 years;
Whereas the Balanced Budget Act of 1997 authorized HCFA to establish service 
        standards for providers of oxygen and oxygen equipment to beneficiaries 
        within their homes;
Whereas the Balanced Budget Act of 1997 reduced medicare payments for drugs and 
        biologicals by 5 percent;
Whereas the Balanced Budget Act of 1997 requires the Health Care Financing 
        Administration (HCFA) to describe in regulations the factors to be used 
        in determining whether medicare part B payment rules result in payment 
        amounts that are not inherently reasonable;
Whereas the Balanced Budget Act of 1997 allows HCFA, in the case of a 
        determination that a part B payment rate under the medicare program is 
        inherently unreasonable, to impose payment reductions or increases of 15 
        percent or less without consulting suppliers or providing public notice; 
        and
Whereas HCFA has missed a number of deadlines with respect to the implementation 
        of regulatory requirements under the Balanced Budget Act of 1997: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that greater active oversight 
HCFA's administration of the medicare durable medical equipment benefit 
is required, and that such oversight should pay particular attention to 
the following:
            (1) HCFA's compliance with public notice and comment 
        requirements.
            (2) HCFA's consideration of input from suppliers of durable 
        medical equipment.
            (3) The coordination and consistent application of policies 
        with respect to durable medical equipment among HCFA's central 
        and regional offices and the Durable Medical Equipment Regional 
        Carriers.
            (4) HCFA's adherence to congressional intent when 
        implementing changes.
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