[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[Extensions of Remarks]
[Page E962]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


     THE SARAH WEBER HOME INFUSION CONSUMER PROTECTION ACT OF 1995

                                 ______


                           HON. SHERROD BROWN

                                of ohio

                    in the house of representatives

                          Tuesday, May 9, 1995
  Mr. BROWN of Ohio. Mr. Speaker, today, I introduce the Sarah Weber 
Home Infusion Consumer Protection Act of 1995 in honor of Sarah Weber, 
a young girl from Ohio.
  Unfortunately, many of the most vulnerable patients who depend on 
home infusion therapy are currently at the mercy of certain 
unscrupulous home infusion providers. This legislation will ensure that 
patients are served more appropriately by these providers.
  Let me share with you Sarah's story. Sarah was a happy little girl 
from Cleveland Heights, OH, who suffered from cerebral palsy and a rare 
digestive disorder that would not allow her to tolerate food. Given her 
condition, she needed to be fed and medicated intravenously. Wanting to 
stay with her family at home, Sarah received this treatment with her 
mother as her nurse. It sounds like the perfect situation. 
Unfortunately for Sarah and her family, it was not.
  Instead, Marie was plagued by bill collectors once her $2 million 
insurance policy ran out. Sometimes, the wrong medications were 
delivered. Thankfully, Marie was astute enough to recognize the mistake 
and resolve the situation before harm could be done. Sarah was dropped 
by one provider, without notice, left hanging by a thread between life 
and death, with only a day's worth of life sustaining supplies.
  These are just a few of the examples of the lack of quality standards 
and harmful practices that exist. My bill will require home infusion 
companies to be licensed according to quality standards included in the 
law. Further, the bill would crack down on fraud in the industry by 
extending the current restrictions on physician referrals to companies 
in which they have a financial interest to home infusion companies and 
all payers.
  I believe this bill will go far to eliminate the abuses and will 
restore families faith in home infusion. Many seriously ill patients 
depend on home infusion for their medication or nutrients. In many 
cases, the available technology has enabled them to remain in the 
comfort of their own homes while they receive treatment. Yet, what good 
is treatment at home if it is of questionable quality? We must ensure 
that the care patients receive at home is of the utmost quality and 
that the patient's physician is involved in the process.
  A summary of the bill follows. I invite all my colleagues to join me 
in cosponsoring this important legislation.
  Summary of Sarah Weber Home Infusion Consumer Protection Act of 1995

       1. Licensure: Require home infusion providers to be 
     licensed according to the standards defined in the bill.
       The language of the bill requires persons providing, or 
     arranging for the provision of services, to hold a license. 
     In this context, persons will apply to individuals or 
     companies, whichever applies.
       Further, the bill defines home infusion broadly to 
     encompass all types of home infusion providers.
       2. Standards: The bill would require providers: to maintain 
     clinical records; adhere to written protocols and policies; 
     make services available 24 hours a day, seven days a week; 
     coordinate all home infusion therapy services with the 
     patient's physician; conduct a quality assessment and 
     assurance program including drug regimen and review and 
     coordination of patient care; assure that only trained (and 
     licensed if necessary) personnel provide infusion products or 
     services; assume responsibility for the quality of services 
     provided by others under arrangements with the person; 
     establish appropriate protocols and explain protocols clearly 
     to patients prior to the initiation of treatment plan; and, 
     meet other requirements which the Secretary may determine are 
     necessary to assure the safe and effective provision of home 
     infusion therapy services.
       3. Authorizes Funds for Start up Grants to the States: The 
     bill provides for the authorization of funds to provide 
     assistance to the states in establishing a licensing system. 
     It further states to require the payment of a fee for the 
     processing and licensing of companies.
       4. Restrictions on Referrals: The legislation will ban 
     physicians from referring patients to home infusion providers 
     in which they have a financial interest. This requirement 
     would apply to all payers.
       5. Enforcement: The bill would be enforced via civil 
     monetary penalties determined by the Secretary of Health and 
     Human Services but not to exceed $10,000. The Secretary may 
     also file an action to enjoin persons from violating the Act.
       6. Study: The bill would require the study of the 
     feasibility and economic impact of coverage of infusion 
     services that may otherwise be covered in a hospital setting.
     

                          ____________________