I 112th CONGRESS 1st Session H. R. 2694 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.

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).

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.

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.