[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2288 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2288

To amend title XVIII of the Social Security Act to provide coverage of 
      medically necessary home resiliency services under Medicare.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

  Mr. Markey 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 coverage of 
      medically necessary home resiliency services under Medicare.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Survival Aid For Emergencies through 
Medicare Act'' or the ``SAFE through Medicare Act''.

SEC. 2. MEDICARE COVERAGE OF MEDICALLY NECESSARY HOME RESILIENCY 
              SERVICES.

    (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(2)--
                    (A) in subparagraph (II), by striking ``and'' at 
                the end;
                    (B) in subparagraph (JJ), by inserting ``and'' at 
                the end; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(KK) in the case of an individual who is medically at-
        risk in the event of a climate or manmade disaster (as 
        determined by the Secretary in accordance with subsection 
        (nnn)), home resiliency services (as defined in such 
        subsection);''; and
            (2) by adding at the end the following new subsection:
    ``(nnn) Home Resiliency Services; Determination of Individuals 
Medically At-Risk.--
            ``(1) Home resiliency services.--The term `home resiliency 
        services' means items and services--
                    ``(A) furnished on or after January 1, 2024, to an 
                individual described in subsection (s)(2)(KK); and
                    ``(B) that the Secretary determines are medically 
                necessary for such individual in the case of a climate 
                or manmade disaster, such as a heat pump for an 
                individual vulnerable to extreme temperatures, solar 
                batteries for an individual reliant on electrical 
                medical equipment (including home mechanical 
                ventilators), and energy efficient cold-storage for 
                heat-sensitive medical supplies.
            ``(2) Determination of individuals medically at-risk.--For 
        purposes of subsection (s)(2)(KK) and this subsection, the 
        Secretary, in consultation with the Office of Climate Change 
        and Health Equity, the National Institutes of Health, the 
        Centers of Medicare & Medicaid Services, and the National 
        Oceanic and Atmospheric Administration, shall establish a 
        process to determine the conditions under which an individual 
        would be determined to be medically at-risk in the event of a 
        disaster or climate hazards, including extreme heat, extreme 
        cold, flooding, and loss of power. Such a process shall 
        consider--
                    ``(A) geography-specific climate risks and regional 
                preparedness for different climate risks;
                    ``(B) the regional history of disaster or climate 
                hazards and infrastructure failure in the preceding 20 
                years or the forward-looking predicted risk of disaster 
                or climate hazards and infrastructure failure in the 
                next 20 years;
                    ``(C) medical reliance on equipment, 
                pharmaceuticals, mobility aids, and other supplies that 
                are sensitive to exposure to extreme temperatures, poor 
                air quality, flooding and water damage, or dependent on 
                electrical power; and
                    ``(D) chronic medical conditions, disabilities, and 
                comorbidities that increase patient vulnerability 
                during disaster.''.
    (b) Payment.--Section 1833(a)(1) of the Social Security Act (42 
U.S.C. 1395l(a)(1)) is amended--
            (1) by striking ``and'' before ``(HH)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``and (II) with respect to home resiliency services 
        described in section 1861(s)(2)(KK), the amount paid shall be 
        an amount equal to 100 percent of the lesser of the actual 
        charge for the services or the amount determined under a fee 
        schedule established by the Secretary''. 
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