[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 866 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 866

To direct the Secretary of Health and Human Services to revise existing 
 regulations concerning the conditions of participation for hospitals 
and ambulatory surgical centers under the medicare program relating to 
     certified registered nurse anesthetists' services to make the 
      regulations consistent with State supervision requirements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 1999

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

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Health and Human Services to revise existing 
 regulations concerning the conditions of participation for hospitals 
and ambulatory surgical centers under the medicare program relating to 
     certified registered nurse anesthetists' services to make the 
      regulations consistent with State supervision requirements.

    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 ``Anesthesia Services Preservation Act 
of 1999''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Certified registered nurse anesthetists (CRNAs) provide 
        more than 65 percent of the Nation's anesthetics.
            (2) CRNAs are the sole anesthesia provider in at least 65 
        percent of rural hospitals.
            (3) In 1994, the Health Care Financing Administration 
        (HCFA) issued a draft regulation deferring to State law on the 
        issue of physician supervision of CRNAs.
            (4) HCFA has issued a proposed rule deferring to State law 
        on the issue of physician supervision of CRNAs in 1997.
            (5) Many hospitals and health care professionals are 
        concerned about the erroneous allegation that surgeons are 
        somehow automatically liable for the acts of CRNAs and that 
        this allegation serves as a disincentive to use and work with 
        CRNAs, and may serve to limit consumer access to CRNAs' 
        anesthesia services, particularly in rural areas.
            (6) HCFA has failed to issue a final rule with respect to 
        this issue after many years.

SEC. 3. REVISIONS OF CONDITIONS OF PARTICIPATION TO FOSTER CONSISTENCY 
              WITH STATE SUPERVISION STANDARDS.

    (a) Promulgation of Revised Regulations.--The Secretary of Health 
and Human Services shall revise any regulations establishing medicare 
conditions of participation for hospitals and ambulatory surgical 
centers relating to anesthesia services under title XVIII of the Social 
Security Act to provide that such regulations--
            (1) do not impose any supervisory or other requirements 
        relating to the performance of such services by certified 
        registered nurse anesthetists (CRNAs); and
            (2) permit States to determine any supervisory or other 
        requirements relating to the performance of anesthesia services 
        by CRNAs.
    (b) Effective Date.--The revisions to the regulations required by 
subsection (a) shall apply with respect to anesthesia services 
furnished on or after January 1, 2000.
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