[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2618 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2618

  To amend title XVIII of the Social Security Act and title IV of the 
 Balanced Budget Act of 1997 to eliminate the 15 percent reduction in 
payment amounts to home health agencies furnishing home health services 
under the medicare program, and to provide for a 36-month grace period 
for home health agencies to repay overpayments made by the Secretary of 
                       Health and Human Services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1999

 Mr. Ackerman (for herself, Mr. Boehlert, Mr. Smith of New Jersey, Mr. 
 Baker, Mr. Coburn, Mr. Cook, Mr. Crowley, Mr. Forbes, Mr. Frost, Mr. 
Gilchrest, Mr. Goode, Mr. Hall of Texas, Mr. Hilliard, Mr. Hinchey, Ms. 
 Kaptur, Mrs. Kelly, Mr. King, Ms. Lee, Mrs. Maloney of New York, Mr. 
Mascara, Mr. McHugh, Mr. McNulty, Ms. Millender-MacDonald, Mr. Nadler, 
Mr. Ney, Mr. Rahall, Mr. Romero-Barcelo, Mr. Sanders, Mr. Serrano, Ms. 
    Slaughter, Mr. Towns, Mr. Walsh, Mr. Weiner, and Mr. Whitfield) 
 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 provisons as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act and title IV of the 
 Balanced Budget Act of 1997 to eliminate the 15 percent reduction in 
payment amounts to home health agencies furnishing home health services 
under the medicare program, and to provide for a 36-month grace period 
for home health agencies to repay overpayments made by the Secretary of 
                       Health and Human 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 Home Health Improvement Act 
of 1999''.

SEC. 2. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN PAYMENT 
              LIMITS.

    (a) Prospective Payment System.--
            (1) In general.--Section 1895(b)(3) of the Social Security 
        Act (42 U.S.C. 1395fff(b)(3)) is amended--
                    (A) in subparagraph (A)(i), by striking ``but if 
                the reduction in limits described in clause (ii) had 
                been in effect'';
                    (B) by striking clause (ii); and
                    (C) in subparagraph (A)(i), by striking (i) In 
                general.--'' and adjusting the margin accordingly.
            (2) Conforming amendment.--Section 1895(d)(3) of such Act 
        (42 U.S.C. 1395fff(d)(3)) is amended by striking ``(including 
        the reduction described in clause (ii) of such subsection)''.
    (b) Interim Payment System.--Section 4603 of the Balanced Budget 
Act of 1997 (Public Law 105-33), as amended by section 5101(c)(3) of 
the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is 
amended by striking subsection (e).

SEC. 3. OVERPAYMENTS.

    (a) 36-Month Repayment Period.--In the case of an overpayment by 
the Secretary of Health and Human Services to a home health agency for 
home health services furnished during a cost reporting period beginning 
on or after October 1, 1997, as a result of payment limitations 
provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L) 
of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health 
agency may elect to repay the amount of such overpayment over a 36-
month period beginning on the date of notification of such overpayment.
    (b) Interest on Overpayment Amounts.--
            (1) 36-month grace period.--
                    (A) In general.--In the case of an agency that 
                makes an election under subsection (a), no interest 
                shall accrue on the outstanding balance of the amount 
                of overpayment during such 36-month period.
                    (B) Overdue balances.--In the case of such an 
                agency, interest shall accrue on any outstanding 
                balance of the amount of overpayment after termination 
                of such 36-month period. Interest shall accrue under 
                this subparagraph at the rate of interest charged by 
                banks for loans to their most favored commercial 
                customers, as published in the Wall Street Journal on 
                the Friday immediately following the date of the 
                enactment of this Act.
            (2) Other agencies.--In the case of an agency described in 
        subsection (a) that does not make an election under subsection 
        (a), interest shall accrue on the outstanding balance of the 
        amount of overpayment at the rate described in the second 
        sentence of paragraph (1)(B).
    (c) Termination.--No election under subsection (a) may be made for 
cost reporting periods, or portions of cost reporting periods, 
beginning on or after the date of the implementation of the prospective 
payment system for home health services under section 1895 of the 
Social Security Act (42 U.S.C. 1395fff).
    (d) Effective Date.--The provisions of subsection (a) shall take 
effect as if included in the enactment of the Balanced Budget Act of 
1997.
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