[Congressional Record Volume 146, Number 141 (Tuesday, October 31, 2000)]
[Extensions of Remarks]
[Pages E2039-E2040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 2614, CERTIFIED DEVELOPMENT COMPANY PROGRAM 
                        IMPROVEMENTS ACT OF 2000

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                               speech of

                             HON. BOB RILEY

                               of alabama

                    in the house of representatives

                       Thursday, October 26, 2000

  Mr. RILEY. Mr. Speaker, in an effort to ensure that our nation's 
seniors will continue to have access to quality health care, Congress 
is again providing a financial infusion into our nation's Medicare 
program.
  I want to ensure that the Health Care Financing Administration (HCFA) 
implements the provisions of this Medicare ``giveback'' bill in 
accordance with congressional intent. Section 111 of this legislation 
would help alleviate the high out-of-pocket payment our seniors face 
today in hospital outpatient departments. HCFA has previously 
interpreted this provision in a manner that may result in a beneficiary 
paying more for a procedure done on an outpatient basis than they would 
pay if the procedure were done on an impatient basis. I believe this 
interpretation of the Balanced Budget Relief Act (BBRA) of 1999 fails 
to carry out congressional intent.
  While I am pleased that this year's bill would gradually begin to 
diminish these overcharges to our seniors, HCFA should interpret Sec. 
111 on a ``per incident'' or ``per procedure'' basis or seniors will 
not be able to fully avail themselves of the help we have tried to 
include for them in this bill. Under HCFA's narrow interpretation of 
this provision in the BBRA of 1999, seniors may be faced with paying 
two or more separate copays for the same procedure and would likely pay 
less out-

[[Page E2040]]

of-pocket if they had the same procedure done in an in-patient 
hospital. I do not believe that was Congress' intent when the 
beneficiary copay limitation was first enacted last year.
  There is no reason seniors in my district should check into a 
hospital overnight for a procedure because of the exorbitant copay they 
would face if it were done on an outpatient basis. HCFA should revise 
its interpretation accordingly to include all the services provided to 
a beneficiary in the course of an outpatient visit as envisioned by 
this year's Medicare ``giveback'' legislation.

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