[Congressional Record Volume 144, Number 6 (Wednesday, February 4, 1998)]
[House]
[Pages H305-H306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      HCFA VENIPUNCTURE PROVISION

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Tennessee (Mr. Clement) is recognized for 5 minutes.
  Mr. CLEMENT. Mr. Speaker, as many of my colleagues know, the Health 
Care Financing Administration will implement a rule tomorrow that will 
have a disastrous impact on our Nation. To some, excluding 
venipuncture, blood drawing, from eligibility criteria for skilled home 
health care nursing services may not seem like a move that deserves 
national attention, but I fully disagree. An estimated 1 million home-
bound Medicare recipients who receive blood monitoring services are in 
danger of losing their home care as a result of this provision.
  To date I have received hundreds of letters and phone calls from 
concerned constituents who depend on this assistance. I recently spoke 
with a 73-year-old insulin-dependent diabetic who had suffered from a 
stroke. He takes 11 pills a day and is completely bedridden. This man 
receives home health care services to monitor his nutritional status 
and blood sugar levels. His family members agree that it is this 
personal care that he receives which promotes his general well-being. 
In addition, home health

[[Page H306]]

currently provides trained personnel to identify and report changes in 
his condition. It is this provision of personal care that enables him 
to stay at home rather than being forced out of the home that he has 
lived in for 45 years and into a nursing home.
  Tomorrow he will no longer be able to receive personal care at home 
because venipuncture will no longer be a qualifying skill.
  Unfortunately, home health agencies across Tennessee and the rest of 
the Nation are familiar with cases just like this one. Their diseases 
may be different, but their circumstances are alike.
  As a result, I am an original cosponsor of H.R. 2912, the Medicare 
Venipuncture Fairness Act of 1998, sponsored by the gentleman from West 
Virginia (Mr. Rahall). This legislation would secure continued home 
health services to these beneficiaries. In addition, it would require a 
study by the U.S. Department of Health and Human Services to document 
any abuses in the venipuncture benefit and recommend to Congress the 
appropriate use of venipuncture under the Medicare home health benefit.
  Some health care policymakers are concerned that venipuncture 
coverage has led to abuse of the home health care service. While I 
remain concerned about the millions of dollars that are being 
inappropriately spent because of the fraudulent and abusive billing 
practices of some home health care providers, I feel strongly that the 
patients are not the ones to be penalized. Individuals and institutions 
who knowingly defraud the government by submitting improper Medicare 
claims should be punished. However, it is inexcusable to penalize sick, 
disabled, elderly people who are innocent victims. I will continue to 
fight to see that this matter is addressed appropriately while allowing 
much needed home health services to continue for those who have an 
undisputed need for this care.
  Mr. Speaker, I hope very strongly that the Health Care Financing 
Administration will revisit this issue. I think they are wrong. In the 
best interest of America and these people that need this service so 
badly, that they revisit it and extend the time and let these people 
get the care that they badly need at home.

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