[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2708 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2708

 To establish a Patients Before Paperwork Medicare Red Tape Reduction 
 Commission to study the proliferation of paperwork under the medicare 
                                program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2000

 Mr. Ashcroft introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To establish a Patients Before Paperwork Medicare Red Tape Reduction 
 Commission to study the proliferation of paperwork under the medicare 
                                program.

    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 ``Patients Before Paperwork Medicare 
Red Tape Reduction Act of 2000''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Regulations promulgated by the Health Care Financing 
        Administration to administer the medicare program under title 
        XVIII of the Social Security Act are 3 times as long as the 
        regulations relating to the Internal Revenue Code of 1986.
            (2) During the Administration of President Clinton, more 
        than a quarter of the 110,000 pages of medicare regulations and 
        paperwork have been added.
            (3) According to American Medical Association Immediate 
        Past President Dr. Nancy W. Dickey, for most doctors, ``the 
        biggest challenge is getting through mountains of medicare 
        paperwork''.
            (4) According to the Wall Street Journal, Allina, a 
        nonprofit Minnesota organization serving 35,000 medicare 
        beneficiaries, expects to spend $2,000,000 annually in 
        paperwork-related burdens.
            (5) Medicare paperwork burdens have forced increasing 
        numbers of medicare beneficiaries to resort to the use of 
        ``insurance claim service'' firms that charge from $20 to $75 
        an hour.
            (6) The Health Care Financing Administration uses 23 
        different forms in the administration of the medicare program.
            (7) In 1998, the average processing time for appeals of 
        claims denied under part A of the medicare program was 310 days 
        and the average appeal time was 524 days under part B of such 
        program.

SEC. 3. PATIENTS BEFORE PAPERWORK MEDICARE RED TAPE REDUCTION 
              COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Patients Before Paperwork Medicare Red Tape Reduction Commission 
(in this section referred to as the ``Commission'').
    (b) Duties of the Commission.--The Commission shall--
            (1) review existing paperwork burdens and related 
        regulations under the medicare program under title XVIII of the 
        Social Security Act (42 U.S.C. 1395 et seq.), with the goal of 
        reducing the paperwork burdens under such program;
            (2) analyze whether existing and proposed paperwork 
        requirements and related regulations have proven benefits, 
        including a positive health benefit for medicare beneficiaries;
            (3) make recommendations regarding methods to streamline 
        and to simplify the coding method for items and services for 
        which reimbursement is provided under the medicare program;
            (4) make recommendations regarding the facilitation of 
        electronic filing of claims for reimbursement and the 
        elimination of paperwork under the medicare program;
            (5) develop a standard form that will minimize any 
        duplication of data and that facilitates the creation of an 
        electronic system that relies on less paperwork than the 
        current system;
            (6) determine the effect of the paperwork requirements 
        under the medicare program on relationships between doctors and 
        patients; and
            (7) review and analyze such other matters relating to 
        paperwork reduction under the medicare program as the 
        Commission deems appropriate.
    (c) Membership.--
            (1) Number and appointment.--
                    (A) In general.--Subject to subparagraph (B), the 
                Commission shall be composed of 11 members, of whom--
                            (i) 3 shall be appointed by the President, 
                        of whom not more than 2 shall be of the same 
                        political party;
                            (ii) 3 shall be appointed by the Majority 
                        Leader of the Senate, in consultation with the 
                        Minority Leader of the Senate, of whom not more 
                        than 2 shall be of the same political party;
                            (iii) 3 shall be appointed by the Speaker 
                        of the House of Representatives, in 
                        consultation with the Minority Leader of the 
                        House of Representatives, of whom not more than 
                        2 shall be of the same political party;
                            (iv) 1, who shall serve as Chairperson of 
                        the Commission, appointed jointly by the 
                        President, Majority Leader of the Senate, and 
                        the Speaker of the House of Representatives; 
                        and
                            (v) 1, who shall be the Secretary of Health 
                        and Human Services or the Administrator of the 
                        Health Care Financing Administration, as 
                        determined by the President.
                    (B) Membership.--
                            (i) In general.--Each member appointed 
                        under this paragraph, except for the member 
                        described in subparagraph (A)(v), shall be--
                                    (I) a health care provider, 
                                insurer, or expert familiar with the 
                                medicare program; or
                                    (II) a medicare beneficiary.
                            (ii) Inclusion of practicing physicians.--
                        At least 1 member appointed under this 
paragraph shall be a practicing physician.
            (2) Deadline for appointment.--Members of the Commission 
        shall be appointed by not later than August 1, 2000.
            (3) Terms of appointment.--The term of any appointment 
        under paragraph (1) to the Commission shall be for the life of 
        the Commission.
            (4) Meetings.--The Commission shall meet at the call of its 
        Chairperson or a majority of its members.
            (5) Quorum.--A quorum shall consist of a majority of the 
        members of the Commission, except that 3 members may conduct a 
        hearing under subsection (e)(1).
            (6) Vacancies.--A vacancy on the Commission shall be filled 
        in the same manner in which the original appointment was made 
        not later than 30 days after the Commission is given notice of 
        the vacancy and shall not affect the power of the remaining 
        members to execute the duties of the Commission.
            (7) Compensation.--Members of the Commission shall receive 
        no additional pay, allowances, or benefits by reason of their 
        service on the Commission.
            (8) Expenses.--Each member of the Commission shall receive 
        travel expenses and per diem in lieu of subsistence in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (d) Staff and Support Services.--
            (1) Executive director.--
                    (A) Appointment.--The Chairperson shall appoint an 
                executive director of the Commission.
                    (B) Compensation.--The executive director shall be 
                paid the rate of basic pay for level V of the Executive 
                Schedule.
            (2) Staff.--With the approval of the Commission, the 
        executive director may appoint such personnel as the executive 
        director considers appropriate.
            (3) Applicability of civil service laws.--The staff of the 
        Commission shall be appointed without regard to the provisions 
        of title 5, United States Code, governing appointments in the 
        competitive service, and shall be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        such title (relating to classification and General Schedule pay 
        rates).
            (4) Experts and consultants.--With the approval of the 
        Commission, the executive director may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code.
            (5) Physical facilities.--The Administrator of General 
        Services shall locate suitable office space for the operation 
        of the Commission. The facilities shall serve as the 
        headquarters of the Commission and shall include all necessary 
        equipment and incidentals required for the proper functioning 
        of the Commission.
    (e) Powers of Commission.--
            (1) Hearings and other activities.--For the purpose of 
        carrying out its duties, the Commission may hold such hearings 
        and undertake such other activities as the Commission 
        determines to be necessary to carry out its duties.
            (2) Studies by gao.--Upon the request of the Commission, 
        the Comptroller General of the United States shall conduct such 
        studies or investigations as the Commission determines to be 
        necessary to carry out its duties.
            (3) Cost estimates by congressional budget office and 
        office of the chief actuary of hcfa.--
                    (A) The Director of the Congressional Budget Office 
                or the Chief Actuary of the Health Care Financing 
                Administration shall provide to the Commission, upon 
                the request of the Commission, such cost estimates as 
                the Commission determines to be necessary to carry out 
                its duties.
                    (B) The Commission shall reimburse the Director of 
                the Congressional Budget Office for expenses relating 
                to the employment in the office of the Director of such 
                additional staff as may be necessary for the Director 
                to comply with requests by the Commission under 
                subparagraph (A).
            (4) Detail of federal employees.--Upon the request of the 
        Commission, the head of any Federal agency is authorized to 
        detail, without reimbursement, any of the personnel of such 
        agency to the Commission to assist the Commission in carrying 
        out its duties. Any such detail shall not interrupt or 
        otherwise affect the civil service status or privileges of the 
        Federal employee.
            (5) Technical assistance.--Upon the request of the 
        Commission, the head of a Federal agency shall provide such 
        technical assistance to the Commission as the Commission 
        determines to be necessary to carry out its duties.
            (6) Use of mails.--The Commission may use the United States 
        mails in the same manner and under the same conditions as 
        Federal agencies and shall, for purposes of the frank, be 
        considered a commission of Congress as described in section 
        3215 of title 39, United States Code.
            (7) Obtaining information.--The Commission may secure 
        directly from any Federal agency information necessary to 
        enable it to carry out its duties, if the information may be 
        disclosed under section 552 of title 5, United States Code. 
        Upon request of the Chairperson of the Commission, the head of 
        such agency shall furnish such information to the Commission.
            (8) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission on a reimbursable basis such 
        administrative support services as the Commission may request.
            (9) Printing.--For purposes of costs relating to printing 
        and binding, including the cost of personnel detailed from the 
        Government Printing Office, the Commission shall be deemed to 
        be a committee of Congress.
    (f) Report.--Not later than 1 year after the date on which the 
final member of the Commission is appointed under subsection (c), the 
Commission shall submit a report to the President and Congress which 
shall contain a detailed statement of only those recommendations, 
findings, and conclusions of the Commission that receive the approval 
of at least a majority of the members of the Commission.
    (g) Termination.--The Commission shall terminate 30 days after the 
date of submission of the report required under subsection (f).
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 to carry out this section.
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