[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3351
To amend title XVIII of the Social Security Act to specify the update
for payments under the Medicare physician fee schedule for 2002 and to
direct the Medicare Payment Advisory Commission to conduct a study on
replacing the use of the sustainable growth rate as a factor in
determining such update in subsequent years.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 27, 2001
Mr. Bilirakis (for himself, Mr. Brown of Ohio, Mr. Tauzin, Mr. Dingell,
Mr. Upton, Mr. Bryant, Mr. Ganske, Mr. Deal of Georgia, Mr. Sessions,
Mr. Fletcher, Mr. Cooksey, Mr. Burr of North Carolina, Mr. Buyer, Mr.
Norwood, Mr. Terry, Mr. Baker, Mr. Paul, Mr. Schrock, Mr. Manzullo, Mr.
LaTourette, Mr. Johnson of Illinois, Mr. Pickering, Mr. Lampson, Mr.
Barton of Texas, Mr. Shadegg, Mr. Bereuter, Mr. Waxman, Mr. Kennedy of
Rhode Island, Mr. Rush, Mr. Towns, Mr. Green of Texas, Mr. Ross, Mr.
Luther, Mr. Gordon, Mr. Hall of Texas, Mr. Andrews, Mr. McDermott, Mr.
Strickland, Mr. Thompson of California, Mr. Engel, Mr. Wynn, Mr.
Barrett of Wisconsin, Mr. Stupak, Mr. Kleczka, Mr. Shimkus, Mr.
Greenwood, and Mrs. Thurman) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Ways and Means, 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
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to specify the update
for payments under the Medicare physician fee schedule for 2002 and to
direct the Medicare Payment Advisory Commission to conduct a study on
replacing the use of the sustainable growth rate as a factor in
determining such update in subsequent years.
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 Physician Payment Fairness
Act of 2001''.
SEC. 2. SPECIFICATION OF THE UPDATE FOR PAYMENTS UNDER THE MEDICARE
PHYSICIAN FEE SCHEDULE FOR 2002.
(a) In General.--Section 1848(d) of the Social Security Act (42
U.S.C. 1395w-4(d)) is amended by adding at the end the following new
paragraph:
``(5) Conversion factor for 2002.--
``(A) In general.--Notwithstanding the update
otherwise determined under paragraph (4) for 2002, the
conversion factor established under this subsection for
2002 shall be 0.9 percent less than the conversion
factor established under this subsection for 2001.
``(B) No effect for subsequent periods.--The
conversion factor under paragraph (1) and the update
adjustment factor under paragraph (4)(B) for a year
after 2002 shall be applied and computed as if
subparagraph (A) had not been in effect.
``(C) Conforming provisions to ensure no effect for
subsequent periods.--In carrying out subparagraph (B):
``(i) No effect on target for allowed
expenditures.--The allowed expenditures under
paragraph (4)(C)(iii) for years after 2002
shall be applied and computed as if
subparagraph (A) had not been in effect.
``(ii) Removal of additional expenditures
from actual expenditures.--In applying
paragraph (4)(B) for years beginning with 2003,
the actual expenditures for 2002 shall be the
actual expenditures otherwise determined
multiplied by the ratio of (I) the amount of
the conversion factor that would have applied
for 2002 under this subsection but for this
paragraph, to (II) the amount of the conversion
factor that is applied for 2002 under this
paragraph.
``(iii) Not treated as change in law and
regulation in sustainable growth rate
determination.--The enactment of this paragraph
shall not be treated as a change in law for
purposes of applying subsection (f)(2)(D).''.
(b) Conforming Amendments.--Section 1848(d) of the such Act (42
U.S.C. 1395w-4(d)) is amended--
(1) in paragraph (1)(A), by inserting ``and subject to
paragraph (5)'' after ``with 2001'';
(2) in paragraph (4)(A), by inserting ``(including
paragraph (5))'' after ``Unless otherwise provided by law'';
(3) in paragraph (4)(B), by inserting ``and subparagraphs
(B) and (C) of paragraph (5)'' after ``subparagraph (D)'' in
the matter preceding clause (i); and
(4) in paragraph (4)(C)(iii), by striking ``The allowed
expenditures'' and inserting ``Subject to paragraph (5)(C)(i),
the allowed expenditures''.
(c) Continued Application of ``Pay-As-You-Go'' Rules.--Nothing in
this section shall be construed as waiving the application of the pay-
as-you-go provisions of section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177).
SEC. 3. STUDY AND REPORT BY MEDPAC ON REPLACING OR MODIFYING THE
SUSTAINABLE GROWTH RATE AS A FACTOR IN DETERMINING THE
UPDATE FOR PAYMENTS UNDER THE MEDICARE PHYSICIAN FEE
SCHEDULE.
(a) Study.--The Medicare Payment Advisory Commission shall conduct
a study on replacing or modifying the sustainable growth rate (as
determined under subsection (f) of section 1848 of the Social Security
Act (42 U.S.C. 1395w-4)) as a factor in determining the update for
payments under the Medicare physician fee schedule under such section
such that the factor used more fully accounts for changes in the unit
costs of providing physicians' services.
(b) Report to Congress.--Not later than March 1, 2002, the
Commission shall submit to Congress a report on the study conducted
under subsection (a) together with such recommendations for legislation
and administrative action as the Commission determines appropriate.
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