[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7197 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7197

  To amend part C of title XVIII of the Social Security Act to limit 
  increases in Medicare Advantage payment rates to 2 percent per year 
      until parity achieved with Medicare fee-for-service program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2008

 Mr. Gonzalez 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 part C of title XVIII of the Social Security Act to limit 
  increases in Medicare Advantage payment rates to 2 percent per year 
      until parity achieved with Medicare fee-for-service program.

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

SECTION 1. LIMITATION ON MEDICARE ADVANTAGE PAYMENT RATES INCREASES TO 
              2 PERCENT PER YEAR UNTIL PARITY ACHIEVED WITH MEDICARE 
              FEE-FOR-SERVICE CAPITATION RATE.

    Section 1853(k) of the Social Security Act (42 U.S.C. 1395w-23(k)) 
is amended--
            (1) in paragraph (1)(B)(i), by inserting ``, subject to 
        paragraph (5),'' after ``increased''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Limitation.--
                    ``(A) In general.--The increase to be applied under 
                paragraph (1) for an area and year (beginning with 
                2010) shall in no case exceed 2 percent if the 
                application of a higher percentage would result in the 
                applicable amount for the area and year exceeding the 
                amount specified in subsection (c)(1)(D) for the area 
                and year.
                    ``(B) Fee-for-service payment floor.--In no case 
                shall the application of this paragraph result in an 
                applicable amount for an area and year being less than 
                the amount specified in subsection (c)(1)(D)(i) for the 
                area and year.
                    ``(C) Exception for pace plans.--This paragraph 
                shall not apply to payments to a PACE program under 
                section 1894.''.
                                 <all>