[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1607 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1607

To amend title XVIII of the Social Security Act to provide for coverage 
       of remote monitoring services under the medicare program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2001

 Mr. Rockefeller (for himself and Ms. Snowe) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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--
            ``(A) the term `physician' has the meaning given that term 
        in subsection (r); and
            ``(B) 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 shall implement the 
amendments made by this section in a budget-neutral manner.
    (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, 2002.
                                 <all>