[Congressional Record Volume 144, Number 2 (Wednesday, January 28, 1998)]
[Senate]
[Page S171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SHELBY:

       S. 1580. A bill to amend the Balanced Budget Act of 1997 to 
     place an 18-month moratorium on the prohibition of payment 
     under the medicare program for home health services 
     consisting of venipuncture solely for the purpose of 
     obtaining a blood sample, and to require the Secretary of 
     Health and Human Services to study potential fraud and abuse 
     under such program with respect to such services; to the 
     Committee on Finance.


            The Medicare Venipuncture Assessment Act of 1998

  Mr. SHELBY. Mr. President, the Balanced Budget Act (BBA) of 1997 took 
important steps to begin to combat the financial problems that have 
plagued the Medicare system for some time. However, the BBA included a 
provision that may disqualify Medicare beneficiaries who receive home 
health care stemming from their need for venipuncture services. Many 
Alabamians who rely on the Medicare home health care program have 
contacted me expressing their concern with this provision. Much of the 
concern has resulted from a lack of information as to the true effects 
of this provision.
  Therefore, I rise today to offer the Medicare Venipuncture Assessment 
Act of 1998. This legislation will provide an eighteen month moratorium 
on the venipuncture provision included in last year's BBA, and direct 
the Secretary of Health and Human Services (HHS) to conduct a study to 
determine what the specific effects will be of doing away with 
venipuncture as a qualifying skill for home health care.
  In addition, this legislation provides a window of time for Congress 
to address any problems found by HHS, and craft an appropriate solution 
that protects the seniors who receive home health care, without 
perpetuating fraud and abuse in the system. But perhaps the most 
important aspect of the Medicare Venipuncture Assessment Act is that it 
will provide much needed piece of mind to many of our seniors. Mr. 
President, we owe it to our constituents to separate fact from fiction 
with regard to this matter, and fully inform them of the effects of the 
venipuncture provision contained in last year's BBA.
  If administered correctly, home health care can be a cost effective 
alternative to nursing home and hospital based care. This legislation 
protects the Medicare home health care system by providing specific 
statutory action to root out fraud and abuse in the program, while 
ensuring that the seniors who truly need home care receive it. I 
strongly encourage my colleagues to join me in this effort by 
cosponsoring the Medicare Venipuncture Assessment Act of 1998.
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