[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2694 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2694

To firewall the Medicare Trusts Funds by restoring to those Trust Funds 
  funds transferred by the Patient Protection and Affordable Care Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2011

   Mr. Culberson (for himself, Mr. Poe of Texas, Mrs. Blackburn, Mr. 
     McKinley, Mr. McCaul, Mr. Paul, and Mr. Sam Johnson of Texas) 
 introduced the following bill; which was referred to the Committee on 
    Ways and Means, and in addition to the Committees on Energy and 
 Commerce and Rules, 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 firewall the Medicare Trusts Funds by restoring to those Trust Funds 
  funds transferred by the Patient Protection and Affordable Care Act.

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

SECTION 1. SHORT TITLE; REFERENCES TO PPACA.

    (a) Short Title.--This Act may be cited as the ``Medicare Firewall 
Act of 2011''.
    (b) References.--In this Act, the term ``PPACA'' means the Patient 
Protection and Affordable Care Act (Public Law 111-148), as amended by 
the Health Care and Education Reconciliation Act of 2010 (Public Law 
111-152).

SEC. 2. DEFUNDING OF CERTAIN PPACA PROVISIONS TO RESTORE FUNDING TO 
              MEDICARE TRUST FUNDS.

    (a) Defunding New Duties for Consensus-Based Entities and Multi-
Stakeholder Group Input (Section 3014(c)).--
            (1) In general.--Section 3014(c) of PPACA is amended--
                    (A) by striking ``through 2014'' and inserting 
                ``through 2011''; and
                    (B) by striking ``shall remain available until 
                expended'' and inserting ``shall remain available 
                through the date of the enactment of the Medicare 
                Firewall Act of 2011''.
            (2) Restoration to medicare trust funds of unobligated 
        amounts that were transferred.--Of the funds transferred under 
        such section on or before the date of the enactment of this 
        Act, the unobligated balance shall be transferred back into the 
        Medicare Trust Fund or Funds from which it was transferred.
    (b) Defunding of Independence at Home Demonstration Program 
(Section 3024).--
            (1) In general.--Subsection (h) of section 1866E of the 
        Social Security Act (42 U.S.C. 1395cc-5), as inserted by 
        section 3024 of PPACA, is amended--
                    (A) by striking ``2015'' and inserting ``2011''; 
                and
                    (B) by striking ``shall be available until 
                expended'' and inserting ``shall be available through 
                the date of the enactment of the Medicare Firewall Act 
                of 2011''.
            (2) Restoration to medicare trust funds of unobligated 
        amounts that were transferred.--Of the funds transferred under 
        such section 1866D(h) on or before the date of the enactment of 
        this Act, the unobligated balance shall be transferred back 
        into the Medicare Trust Fund or Funds from which it was 
        transferred.
    (c) Defunding Community-Based Care Transitions Program (Section 
3026).--
            (1) In general.--Section 3026(f) of PPACA is amended--
                    (A) by striking ```the period of fiscal years 2011 
                through 2015''' and inserting ``fiscal year 2011''; and
                    (B) by striking ``shall remain available until 
                expended'' and inserting ``shall remain available 
                through the date of the enactment of the Medicare 
                Firewall Act of 2011''.
            (2) Rescission of unobligated balance.--Of the funds 
        transferred under such section on or before the date of the 
        enactment of this Act, the unobligated balance shall be 
        transferred back into the Medicare Trust Fund or Funds from 
        which it was transferred.
    (d) Defunding Demonstration Project on Separate Payments for 
Complex Diagnostic Laboratory Tests (Section 3113).--
            (1) In general.--Section 3113(b) of PPACA is amended by 
        inserting after ``July 1, 2011'' the following: ``, except that 
        the Secretary shall terminate such project as soon as possible 
        after the date of the enactment of the Medicare Firewall Act of 
        2011.''.
            (2) Rescission of unobligated balance.--Of the payments 
        made under such section on or before the date of the enactment 
        of this Act, the unobligated balance shall be transferred back 
        into the Medicare Trust Fund or Funds from which it was 
        transferred.
    (e) Defunding Outreach and Assistance for Low-Income Programs 
(Section 3306).--
            (1) In general.--Subsections (a)(1)(B), (b)(1)(B), 
        (c)(1)(B), and (d)(1)(B) of section 119 of the Medicare 
        Improvements for Patients and Providers Act of 2008 (42 U.S.C. 
        1395b-3 note), as amended by section 3306 of PPACA, are each 
        amended--
                    (A) in clause (ii), by striking ``through 2012'' 
                and inserting ``and 2011''; and
                    (B) by striking ``shall remain available until 
                expended'' and inserting ``shall remain available 
                through the date of the enactment of the Medicare 
                Firewall Act of 2011''.
            (2) Rescission of unobligated balance.--Of the amounts 
        transferred under such subsections on or before the date of the 
        enactment of this Act, the unobligated balances shall be 
        transferred back into the Medicare Trust Fund or Funds from 
        which it was transferred.
    (f) Defunding Independent Payment Advisory Board (IPAB) (Section 
3403).--
            (1) In general.--Section 1899A of the Social Security Act 
        (42 U.S.C. 1395kkk), as added by section 3403(a)(1) of PPACA, 
        is repealed.
            (2) Conforming amendments.--
                    (A) Section 1805(b) of such Act (42 U.S.C. 1395b-
                6(b)) is amended by striking paragraph (4).
                    (B) Section 207(c) of title 18, United States Code, 
                is amended by striking paragraph (3).
                    (C) Section 10320 of PPACA is amended by striking 
                subsection (c).
    (g) Defunding Prevention and Wellness Evaluation (Section 
4202(b)).--
            (1) In general.--Section 4202(b)(4) of PPACA (42 U.S.C. 
        300u-14) is amended by striking ``shall remain available until 
        expended'' and inserting ``shall remain available through the 
        date of the enactment of the Medicare Firewall Act of 2011''.
            (2) Rescission of unobligated balance.--Of the amounts 
        transferred under such section on or before the date of the 
        enactment of this Act, the unobligated balance shall be 
        transferred back into the Medicare Trust Fund or Funds from 
        which it was transferred.
    (h) Defunding Pilot Program for Individuals Residing in Emergency 
Declaration Areas (Section 10323(b)).--
            (1) In general.--Section 1881A(b)(7) of the Social Security 
        Act (42 U.S.C. 1395rr-1(b)(7)), as inserted by section 10323(b) 
        of PPACA, is amended by adding at the end the following: ``No 
        such transfer shall be made after the date of the enactment of 
        the Medicare Firewall Act of 2011.''.
            (2) Restoration of unobligated balance.--Of the amounts 
        transferred under such section on or before the date of the 
        enactment of this Act, the unobligated balance shall be 
        transferred back into the Medicare Trust Fund or Funds from 
        which it was transferred.

SEC. 3. ACCOUNTABILITY FOR TRUST FUND DEMONSTRATION PROJECT 
              EXPENDITURES.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
submit to the Congress a report that describes covered demonstration 
projects and identifies those projects for which initial period of the 
project has--
            (1) not demonstrated that the project has met the 
        objectives specified for the project; or
            (2) resulted in net expenditures from the Medicare Trust 
        Funds.
    (b) Plan for Termination or Modification.--For those covered 
demonstration projects identified under subsection (a), the Secretary 
shall include the report under such subsection a plan for the 
termination or modification of each such project.
    (c) Covered Demonstration Project.--In this section, the term 
``covered demonstration project'' means a demonstration, pilot, or 
similar project undertaken with some or all funding from any of the 
Medicare Trust Funds.
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