[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2707 Introduced in Senate (IS)]






108th CONGRESS
  2d Session
                                S. 2707

   To amend title XVIII of the Social Security Act to recognize the 
  services of respiratory therapists under the plan of care for home 
                            health services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2004

   Mr. Lott 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 recognize the 
  services of respiratory therapists under the plan of care for home 
                            health services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MEDICARE RECOGNITION OF SERVICES OF RESPIRATORY THERAPISTS 
              UNDER A PLAN OF CARE FOR HOME HEALTH SERVICES.

    (a) In General.--Section 1861(m) of the Social Security Act (42 
U.S.C. 1395x(m)) is amended by adding at the end the following: ``For 
purposes of paragraphs (1) and (2), when respiratory therapy services 
are furnished as part-time or intermittent nursing care or physical 
therapy services under a home health plan of care, a respiratory 
therapist, acting within the therapist's scope of practice, may furnish 
such services.''.
    (b) No Impact on Payment.--The provision of respiratory therapy 
services as part of home health services under the amendment made by 
subsection (a) shall not affect the Low Utilization Payment Adjustment 
(LUPA), the outlier adjustment, or the therapy threshold under the 
system of prospective payment for home health agencies under section 
1895 of the Social Security Act.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to services furnished on or after January 1, 2004.

SEC. 2. REPORT ON MEDICARE COVERAGE OF RESPIRATORY THERAPY SERVICES.

    (a) Study.--The Secretary of Health and Human Services shall 
conduct a study on the impact of paying for the services of respiratory 
therapists as a separate benefit under part B of title XVIII of the 
Social Security Act and as an explicit component of the several 
benefits under part A of such title. The Secretary shall include in 
such study data on the utilization of respiratory therapists under the 
amendment made by section 1(a).
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report of the 
findings of the study conducted under subsection (a).
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