II 111th CONGRESS 1st Session S. 1384 IN THE SENATE OF THE UNITED STATES June 25, 2009 Mr. Cardin (for himself and Ms. Mikulski) 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 a senior housing facility plan option under the Medicare Advantage program.

1.

Short title

This Act may be cited as the Medicare Senior Housing Plan Act of 2009.

2.

Senior housing facility plan option

(a)

In general

Section 1859 of the Social Security Act (42 U.S.C. 1395w–28) is amended by adding at the end the following new subsection: (g)

Special rules for senior housing facility plans

(1)

In general

In the case of a Medicare Advantage senior housing facility plan described in paragraph (2), notwithstanding any other provision of this part to the contrary and in accordance with regulations of the Secretary, the service area of such plan may be limited to a senior housing facility in a geographic area. (2)

Medicare Advantage senior housing facility plan described

For purposes of this subsection, a Medicare Advantage senior housing facility plan is a Medicare Advantage plan that— (A)restricts enrollment of individuals under this part to individuals who— (i)reside in a continuing care retirement community (as defined in section 1852(l)(4)(B)); or (ii)reside in a housing facility assisted under section 202 of the Housing Act of 1959 or supported under the low-income housing tax credit program (as provided under section 42 of the Internal Revenue Code of 1986) and qualify for assistance under section 8 of the United States Housing Act of 1937; (B)provides primary care services onsite and has a ratio of accessible providers to beneficiaries that the Secretary determines is adequate, taking into consideration the number of residents onsite, the health needs of those residents, and the accessibility of providers offsite; (C)provides transportation services for beneficiaries to providers outside of the facility; (D)makes meaningful use of health information technology (as defined in section 3000(5) of the Public Health Service Act (42 U.S.C. 300jj(5)); and (E)is offered by a Medicare Advantage organization that has offered at least 1 plan described in this paragraph for at least 1 year under a demonstration project established by the Secretary. . (b)

Effective date

The amendment made by this section shall take effect on January 1, 2010.