II 110th CONGRESS 2d Session S. 3265 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.

1.

Short title

This Act may be cited as the Ensuring Home Health Care for Seniors Act of 2008.

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.