[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3572 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3572
To amend title XVIII of the Social Security Act to provide for coverage
of remote monitoring services under the Medicare Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2001
Mr. Burr of North Carolina (for himself and Ms. Eshoo) 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 provide for coverage
of remote monitoring services 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 ``Medicare Remote Monitoring Services
Coverage Act of 2001''.
SEC. 2. COVERAGE OF REMOTE MONITORING SERVICES.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (U);
(2) by inserting ``and'' at the end of subparagraph (V);
and
(3) by inserting after subparagraph (V) the following new
subparagraph:
``(W) remote monitoring services that are--
``(i) determined by the Secretary to provide
comparable data to face-to-face encounter-based
monitoring services (as such terms are defined in
subsection (ww)); and
``(ii) provided to an individual who would
otherwise be entitled to receive coverage under this
title of the face-to-face encounter-based monitoring
service that the Secretary determines under clause (i)
to provide comparable data to the remote monitoring
service;''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``remote monitoring services
``(ww)(1) The term `remote monitoring services' means any service
provided through a system of technology that allows the collection of
clinical data and the transmission of such data between a patient at a
distant location and a physician through a remote interface so that the
physician may conduct a clinical review of such data or provide a
response relating to such data.
``(2) The term `face-to-face encounter-based monitoring services'
means any in-office or facility-based service for which payment may be
made under this title with a code that is specific to the collection of
clinical data and the transmission of such data between a patient and a
physician so that the physician may conduct a clinical review of such
data or provide a response relating to such data.
``(3) For purposes of this subsection, the term `distant location'
means any location that is outside of the office or the facility of the
patient's physician.
``(4) Coverage of remote monitoring services under this title with
respect to an individual may not be restricted based on the geographic
area of residence of the individual.''.
(c) Payment Under Physician Fee Schedule.--Section 1848 of the
Social Security Act (42 U.S.C. 1395w-4) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(7) Treatment of remote monitoring services.--
``(A) Conversion factor and relative value units.--
The Secretary may not decrease the conversion factor or
the number of relative value units applicable to a
remote monitoring service (as defined in section
1861(ww)(1)) covered under this title pursuant to
section 1861(s)(2)(W) from the conversion factor or the
number of relative value units applicable to the face-
to-face encounter-based monitoring service (as defined
in section 1861(ww)(2)) that the Secretary determines
provides comparable data to such remote monitoring
service.
``(B) Frequency guidelines.--A remote monitoring
service (as so defined) covered under this title
pursuant to section 1861(s)(2)(W) shall be subject to
the same guidelines developed on the frequency of
billing for the face-to-face encounter-based monitoring
service (as so defined) that the Secretary determines
provides comparable data to such remote monitoring
service.''; and
(2) in subsection (j)(3), by inserting ``(2)(W),'' after
``(2)(S),''.
(d) Budget Neutrality.--The Secretary of Health and Human Services
shall implement the amendments made by this section in a budget-neutral
manner. In applying subparagraph (D) of section 1848(f)(2) of the
Social Security Act, the enactment of this section shall not be treated
as a change in law or regulations resulting, but the Secretary shall
adjust the sustainable growth rate under such section so as to
eliminate a new increase in expenditures (if any) resulting from the
enactment of this section.
(e) Construction.--Nothing in this section shall be construed to
prohibit the request for, or the issuance by the Secretary of Health
and Human Services of, a separate billing code for any remote
monitoring service (as defined in section 1861(ww)(1) of the Social
Security Act (42 U.S.C. 1395x(ww)(1)), as added by subsection (b))
through an authority of the Secretary of Health and Human Services
other than the authority provided by the amendments made by this
section.
(f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2003.
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