[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3265 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3265

To amend title XVIII of the Social Security Act to provide for payment 
          of home health services on a reasonable cost basis.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2008

  Mr. Johnson 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 payment 
          of home health services on a reasonable cost basis.

    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 ``Ensuring Home Health Care for 
Seniors Act of 2008''.

SEC. 2. PAYMENT FOR HOME HEALTH SERVICES ON A REASONABLE COST BASIS.

    (a) In General.--
            (1) Payments under part a.--Section 1814(b) of the Social 
        Security Act (42 U.S.C. 1395f(b)) is amended in the matter 
        preceding paragraph (1) by striking ``, 1886, and 1895'' and 
        inserting ``and 1886''.
            (2) Payments under part b.--Section 1833(a)(2)(A) of the 
        Social Security Act (42 U.S.C. 1395l(a)(2)(A)) is amended to 
        read as follows:
                    ``(A) with respect to home health services (other 
                than a covered osteoporosis drug (as defined in section 
                1861(kk)), the lesser of--
                            ``(i) the reasonable cost of such services, 
                        as determined under section 1861(v), or
                            ``(ii) the customary charges with respect 
                        to such services,
                or, if such services are furnished by a public provider 
                of services, or by another provider which demonstrates 
                to the satisfaction of the Secretary that a significant 
                portion of its patients are low-income (and requests 
                that payment be made under this provision), free of 
                charge or at nominal charges to the public, the amount 
                determined in accordance with section 1814(b)(2);.''.
            (3) Conforming amendments.--
                    (A) Title XVIII of the Social Security Act (42 
                U.S.C. 1395 et seq.) is amended by striking section 
                1895.
                    (B) Section 1839(g)(1) of the Social Security Act 
                (42 U.S.C. 1395r(g)(1)) is amended by striking ``, but 
                only to the extent payment for home health services 
                under this title is not being made under section 1895 
                (relating to prospective payment for home health 
                services)''.
    (b) Effective Date.--The amendments made by this section shall 
apply to cost reporting periods beginning on or after the date that is 
30 days after the date of enactment of this Act.
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