[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8376 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8376

 To amend title XVIII of the Social Security Act to clarify the policy 
    for coverage under the Medicare program for palliative dialysis 
  services, and clarify separate payment for such palliative dialysis 
   services, furnished by renal dialysis facilities and providers of 
 services to certain individuals electing hospice care, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2026

Mr. Kelly of Pennsylvania (for himself and Ms. DelBene) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
 and in addition to the Committee on Energy and Commerce, 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 amend title XVIII of the Social Security Act to clarify the policy 
    for coverage under the Medicare program for palliative dialysis 
  services, and clarify separate payment for such palliative dialysis 
   services, furnished by renal dialysis facilities and providers of 
 services to certain individuals electing hospice care, and for other 
                               purposes.

    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 ``Concurrent Care for Comfort Act''.

SEC. 2. CLARIFICATION AND APPLICATION OF POLICY PROVIDING FOR COVERAGE 
              OF CONCURRENT PALLIATIVE DIALYSIS SERVICES AND HOSPICE 
              CARE TO INDIVIDUALS ELECTING HOSPICE CARE.

    (a) In General.--Section 1812(d)(2)(A) of the Social Security Act 
(42 U.S.C. 1395d(d)(2)(A)) is amended by inserting ``, to palliative 
dialysis services (as defined in section 1881(b)(15)(E)) furnished by a 
provider of services or renal dialysis facility to a palliative 
dialysis eligible individual (as defined in such section),'' after 
``(if not an employee of the hospice program)''.
    (b) Separate Payment for Palliative Dialysis Services Furnished by 
Providers of Services and Kidney Dialysis Facilities.--
            (1) Payment separate from hospice care bundle.--Section 
        1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) is 
        amended by adding at the end the following new paragraph:
            ``(8) In the case of palliative dialysis services (as 
        defined in section 1881(b)(15)(E)) furnished by a provider of 
        services or renal dialysis facility to a palliative dialysis 
        eligible individual (as defined in such section) during a 
        period of an election under section 1812(d)(1) made by such 
        individual, the provider of services or renal dialysis facility 
        shall bill and be paid for such dialysis in accordance with 
        section 1881(b)(15).''.
            (2) Payment methodology.--Section 1881(b) of the Social 
        Security Act (42 U.S.C. 1395r(b)) is amended by adding at the 
        end the following new paragraph:
            ``(15) Payment for palliative dialysis services furnished 
        to individuals electing hospice care.--
                    ``(A) In general.--For 2026 and each subsequent 
                year, the Secretary shall, taking into account the 
                assessment and considerations described in subparagraph 
                (B) and pursuant to rulemaking, establish a methodology 
                for determining, with respect to a palliative dialysis 
                eligible individual whose election under section 
                1812(d)(1) to receive hospice care is for a period 
                occurring during such year, the payment amounts under 
                this title for palliative dialysis services furnished 
                by a provider of services or renal dialysis facility 
                during such period to such individual in a facility or 
                to such individual at home.
                    ``(B) Considerations.--In implementing the 
                methodology under subparagraph (A), the Secretary 
                shall--
                            ``(i) consider calculating payment amounts 
                        for such services based on the amounts that 
                        would otherwise be calculated under the system 
                        established under paragraph (14) for comparable 
                        renal dialysis services described in such 
                        paragraph; and
                            ``(ii) consider, after assessing the 
                        resources directly or indirectly related to 
                        furnishing palliative dialysis services 
                        necessary for providers of services and renal 
                        dialysis facilities to furnish palliative 
                        dialysis services to palliative dialysis 
                        eligible individuals in a facility or to such 
                        individuals at home, any adjustments that 
                        should be applied in calculating such payments 
                        amounts based on such assessment.
                    ``(C) Limitations.--
                            ``(i) In general.--Subject to clause (ii), 
                        payment may not be made under this title for 
                        more than ten sessions of palliative dialysis 
                        services furnished to a palliative dialysis 
                        eligible individual. In the case of home 
                        dialysis, including peritoneal dialysis, this 
                        subparagraph shall be applied by converting the 
                        number of days of such dialysis to hemodialysis 
                        equivalent sessions, in accordance with the 
                        methodology specified in section 50 of Chapter 
                        11 of the Medicare Benefit Policy Manual, or 
                        any successor to such section.
                            ``(ii) Secretarial authority to modify 
                        limitation.--
                                    ``(I) Assessment and 
                                determination.--For 2029 the Secretary 
                                shall (and for any subsequent year, the 
                                Secretary may) pursuant to rulemaking--
                                            ``(aa) assess the 
                                        appropriateness of the 
                                        limitation specified under 
                                        clause (i) for such year, based 
                                        on data on determinations 
                                        regarding coverage of 
                                        palliative dialysis services 
                                        furnished to palliative 
                                        dialysis eligible individuals 
                                        pursuant to this paragraph and 
                                        stakeholder feedback on such 
                                        coverage; and
                                            ``(bb) based on such 
                                        assessment, determine for such 
                                        year whether to apply a limit 
                                        on the number of sessions of 
                                        palliative dialysis services 
                                        (other than the number 
                                        specified under clause (i)) 
                                        and, if so, specify such other 
                                        number that is to be applied 
                                        for such year.
                                    ``(II) Application of modified 
                                number limit.--For any year for which 
                                the Secretary specifies a number 
                                pursuant to subclause (I)(bb) other 
                                than the number specified in clause 
                                (i), clause (i) shall be applied as if 
                                the reference to ten sessions were a 
                                reference to such different number of 
                                treatments specified by the Secretary.
                    ``(D) Cost-sharing.--Under the methodology under 
                subparagraph (A), the deductible and coinsurance 
                provisions under this title that would apply with 
                respect to kidney dialysis services for which payment 
                may be made under this section (other than this 
                paragraph) shall also apply with respect to palliative 
                dialysis services furnished to a palliative dialysis 
                eligible individual for which payment is made pursuant 
                to this paragraph.
                    ``(E) Palliative dialysis services and palliative 
                dialysis eligible individual defined.--For purposes of 
                this paragraph:
                            ``(i) Palliative dialysis services.--The 
                        term `palliative dialysis services' means, with 
                        respect to a palliative dialysis eligible 
                        individual, dialysis services specified by the 
                        Secretary that are furnished to the individual 
                        (in a facility or at home) as palliative care, 
                        and not for purposes of treatment or 
                        maintenance, in accordance with a plan of care 
                        certified by the individual's physician in 
                        consultation with the interdisciplinary group 
                        described in section 1861(dd)(2)(B), and which 
                        may include other services specified by the 
                        Secretary, such as non-emergency transportation 
                        for which payment would otherwise be available 
                        under this section in connection with receipt 
                        of maintenance dialysis services.
                            ``(ii) Palliative dialysis eligible 
                        individual.--The term `palliative dialysis 
                        eligible individual' means an individual with 
                        end-stage renal disease who makes an election 
                        under section 1812(d)(1) and who as of the date 
                        of such election was receiving renal dialysis 
                        services (as described in section 
                        1881(b)(14)(B)).
                    ``(F) Clarification.--None of the provisions of 
                this paragraph shall affect coverage or payment under 
                this title which would otherwise apply for renal 
                dialysis services for treatment or maintenance for 
                individuals with end-stage renal disease who make an 
                election for hospice care under section 1812(d)(1) on 
                the basis of a primary health condition other than a 
                terminal condition that is not related to end-stage 
                renal disease.''.
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