[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 175 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 175

To amend title XVIII of the Social Security Act to provide for the use 
  of qualified family caregivers in the provision of home health aide 
                  services under the Medicare Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

    Ms. Millender-McDonald introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
   Committee on Energy and Commerce, 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 the use 
  of qualified family caregivers in the provision of home health aide 
                  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 ``Family Caregiver Security Act of 
2005''.

SEC. 2. PROVISION OF QUALIFIED FAMILY CAREGIVER SERVICES UNDER THE 
              MEDICARE PROGRAM.

    (a) In General.--Section 1891(a) of the Social Security Act (42 
U.S.C. 1395bbb(a)) is amended by adding at the end the following new 
paragraph:
    ``(7)(A) The agency permits an individual who is under its care to 
have home health aide services or personal care assistant services 
provided by a qualified family caregiver (as defined in subparagraph 
(B)) under an approved plan of care and provides for payment for the 
services of the caregiver, regardless of whether the caregiver is an 
employee of the agency, at a rate comparable to the rate otherwise paid 
for such services provided by other qualified personnel. In addition, 
in the case of such a caregiver the agency shall provide for 
appropriate training and oversight of such services by a registered 
nurse in the same or similar manner to that provided in the case of 
such services furnished by another qualified individual and shall 
provide the caregiver, as part of the plan of care, with educational 
information and resources related to family caregiver health and 
wellness.
    ``(B) For purposes of this paragraph, the term `qualified family 
caregiver' means, with respect to the provision of home health aide 
services or personal care assistant services to an individual, an 
individual who is a family caregiver (as defined in section 372(2) of 
the National Family Caregiver Support Act) of the individual and who 
demonstrates proficiency in the provision of the home health aide 
services or personal care assistant services involved to the 
satisfaction of the supervising registered professional nurse.
    ``(C) This paragraph shall supersede any other restriction of this 
title (including section 1862(a)(11)) on the provision of home health 
aide services or personal care assistant services by a qualified family 
caregiver described in subparagraph (B) on the basis of the caregiver's 
relationship to the recipient of such services. This subparagraph shall 
not affect any disqualification of an individual from providing 
services on the basis of the individual's lack of qualification to 
provide the services or on the basis of an exclusion of participation 
of the individual under part B of title XI.
    ``(D) The Secretary, in consultation with the Secretary of Labor, 
shall provide guidance to home health agencies on payment 
administration and management methodologies to facilitate the provision 
of home health aide services and personal assistant care services by 
qualified family caregivers under this paragraph.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2006, and shall apply to services furnished 
on or after such date.
    (c) Construction.--Nothing in this section shall be construed as 
preventing the application of fraud and abuse sanctions (including 
those under sections 1128, 1128A, and 1128B of the Social Security Act) 
with respect to family caregivers under section 1891(a)(7) of the 
Social Security Act, as added by subsection (a), in the same manner as 
such sanctions may be applied to other individuals who provide home 
health aide services or personal assistant care services.
    (d) Prohibition of Denial of Services Because of Refusal of 
Physical Therapy Services During Rehabilitation.--Nothing in title 
XVIII of the Social Security Act shall be construed as authorizing the 
exclusion of coverage of skilled nursing services for an individual who 
is 75 years of age or older as part of home health services solely on 
the basis of the individual's refusal of physical therapy services 
during rehabilitation, regardless of whether such physical therapy 
services are part of the plan of care for the individual.
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