1.Short
title; table of contents
(a)This Act may be cited
as the Preserving Access to Healthcare
(PATH) Act of 2008
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Temporary non-application of Medicare phased-out
indirect medical education adjustment factor.
Sec. 3. Delay in implementation of Medicaid outpatient hospital
services regulation.
Sec. 4. Delay in phase out of the Medicare hospice budget
neutrality adjustment factor.
Sec. 5. Treatment of certain Medicaid family demonstration
project.
Sec. 6. Delay in implementation of certain provisions relating
to Medicare rural health clinics and federally qualified health
centers.
Sec. 7. Mandatory State use of National Correct Coding
Initiative.
Sec. 8. Medicaid Improvement Fund technical
correction.
Sec. 9. Funding for the Medicare Improvement Fund.
2.Temporary
non-application of Medicare phased-out indirect medical education adjustment
factor
(a)Notwithstanding any other provision of law, during the
period beginning on October 1, 2008, and ending on March 31, 2009, section
412.322 of title 42, Code of Federal Regulations, shall be applied without
regard to paragraph (c) of such section.
(b)No effect on
subsequent periodsNothing in subsection (a) shall be construed
as having any effect on the application of section 412.322 of title 42, Code of
Federal Regulations, after March 31, 2009.
3.Delay in
implementation of Medicaid outpatient hospital services
regulationNotwithstanding any
other provision of law, during the 6-month period that begins on the date of
enactment of this Act, the Secretary of Health and Human Services shall not
finalize or otherwise implement provisions contained in the proposed rule
published on September 28, 2007, on pages 55158 through 55166 of volume 72,
Federal Register (relating to parts 440 and 447 of title 42, Code of Federal
Regulations).
4.Delay in phase out of
the Medicare hospice budget neutrality adjustment factorNotwithstanding any other provision of law,
including the provisions contained in the final rule published on August 8,
2008, on pages 46464 through 46522 of volume 73, Federal Register (relating to
part 418 of title 42, Code of Federal Regulations), the Secretary of Health and
Human Services shall not phase out or eliminate the budget neutrality
adjustment factor in the Medicare hospice wage index prior to April 1,
2009.
5.Treatment of
certain Medicaid family demonstration projectThe Secretary of Health and Human Services,
acting through the Administer of the Centers for Medicare & Medicaid
Services and upon the request of the State of California, shall extend
approval, and full Federal financial participation, of the State's Medicaid
family planning demonstration project, which was approved under a waiver
pursuant to section 1115 of the Social Security Act, until June 30, 2009, under
the eligibility requirements and processes that were in place for such project
as of the date before the first extension period for such project.
6.Delay in
implementation of certain provisions relating to Medicare rural health clinics
and federally qualified health centersNotwithstanding any other provision of law,
the Secretary of Health and Human Services shall not, prior to April 1, 2009,
take any action (through promulgation of regulation, issuance of regulatory
guidance, or other administrative action) to—
(1)finalize or
otherwise implement provisions contained in the proposed rule published on June
27, 2008, on pages 36696 through 36719 of volume 73, Federal Register, that
relate to—
(A)decertifying
rural health clinics under the Medicare program under title XVIII of the Social
Security Act that are determined to no longer be in nonurbanized areas;
and
(B)changes in the
payment methodology for rural health clinics and federally qualified health
centers under the Medicare program as described in sections 405.2410 and
405.2466(b)(1)(iii) of title 42, Code of Federal Regulations; or
(2)promulgate or
implement any rule or provisions similar to the provisions described in
paragraph (1).
7.Mandatory State
use of National Correct Coding Initiative
(a)Section 1903(r) of
the Social Security Act (42 U.S.C. 1396b(r)) is amended—
(1)in paragraph
(1)(B)—
(A)in clause (ii), by striking
and
at the end;
(B)in clause (iii),
by adding and
after the semicolon; and
(C)by adding at the
end the following new clause:
(iv)effective for
claims filed on or after October 1, 2009, incorporate compatible methodologies
of the National Correct Coding Initiative administered by the Secretary (or any
successor initiative to promote correct coding and to control improper coding
leading to inappropriate payment) and such other methodologies of that
Initiative (or such other national correct coding methodologies) as the
Secretary identifies in accordance with paragraph
(3);
;
and
(2)by adding at the
end the following new paragraph:
(3)Not later than September 1, 2009, the
Secretary shall do the following:
(A)Identify those methodologies of the
National Correct Coding Initiative administered by the Secretary (or any
successor initiative to promote correct coding and to control improper coding
leading to inappropriate payment) which are compatible to claims filed under
this title.
(B)Identify those methodologies of such
Initiative (or such other national correct coding methodologies) that should be
incorporated into claims filed under this title with respect to items or
services for which States provide medical assistance under this title and no
national correct coding methodologies have been established under such
Initiative with respect to title XVIII.
(C)Notify States of—
(i)the methodologies identified under
subparagraphs (A) and (B) (and of any other national correct coding
methodologies identified under subparagraph (B)); and
(ii)how States are to incorporate such
methodologies into claims filed under this title.
(D)Submit a report to Congress that
includes the notice to States under subparagraph (C) and an analysis supporting
the identification of the methodologies made under subparagraphs (A) and
(B).
.
(b)Extension for
state law amendmentIn the case of a State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation in order for
the plan to meet the additional requirements imposed by the amendment made by
subsection (a)(1)(C), the State plan shall not be regarded as failing to comply
with the requirements of such title solely on the basis of its failure to meet
these additional requirements before the first day of the first calendar
quarter beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act. For purposes
of the previous sentence, in the case of a State that has a 2-year legislative
session, each year of the session is considered to be a separate regular
session of the State legislature.
8.Medicaid
Improvement Fund technical correction
(a)Section 1941(b)(1)(B)
of the Social Security Act, as added by section 7002(b) of the Supplemental
Appropriations Act, 2008, is amended by inserting each of
after
for
.
(b)The amendment made by subsection (a) shall take effect as if
included in the enactment of the Supplemental Appropriations Act, 2008 (Public
Law 110–252).
9.Funding for the
Medicare Improvement FundSection 1898(b)(1) of the Social Security
Act, as added by section 7002(a) of the Supplemental Appropriations Act, 2008
(Public Law 110–252) and as amended by section 188(a)(2) of the Medicare
Improvements for Patients and Providers Act of 2008 (Public Law 110–275) and by
section 6 of the QI Program Supplemental Funding Act of 2008, is amended by
striking $2,290,000,000
and inserting
$2,590,000,000
.