[Congressional Record Volume 147, Number 176 (Tuesday, December 18, 2001)]
[Senate]
[Page S13467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COCHRAN:
  S. 1840. A bill to amend title XVIII of the Social Security Act to 
remove the 20 percent inpatient limitation under the medicare program 
on the proportion of hospice care that certain rural hospice programs 
may provide; to the Committee on Finance.
  Mr. COCHRAN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1840

       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 ``Rural Communities Hospice 
     Care Access Improvement Act of 2001''.

     SEC. 2. EXCEPTION TO MEDICARE 20 PERCENT INPATIENT CARE 
                   LIMITATION FOR CERTAIN RURAL HOSPICE PROGRAMS.

       (a) In General.--Section 1861(dd) of the Social Security 
     Act (42 U.S.C. 1395x(dd)) is amended--
       (1) in paragraph (2)(A)(iii), by inserting ``subject to 
     paragraph (6),'' after ``(iii)''; and
       (2) by adding at the end the following new paragraph:
       ``(6) The requirement of paragraph (2)(A)(iii) (relating to 
     a limitation on the proportion of hospice care provided in an 
     inpatient setting) shall not apply in the case of a hospice 
     program that meets the following requirements:
       ``(A) The hospice program is a non-profit organization, 
     provides a residence for individuals who do not have a 
     primary caregiver available at home, is located in a rural 
     area (as defined in section 1886(d)(2)(D)), is not certified 
     for purposes of this title to provide other than hospice 
     care, and is not affiliated with any organization that 
     provides a type of care other than hospice care.
       ``(B) The residence has not more than 20 beds.
       ``(C) The residence offers all other categories of hospice 
     care, including continuous home care, respite care, and 
     general patient care, for individuals who qualify to receive 
     such care.''.
       (b) Maintaining Payment Rates for Routine Care.--Section 
     1814(a) of such Act (42 U.S.C. 1395f(a)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3)(A) With respect to a care provided under a hospice 
     program described in section 1861(dd)(6) that meets the 
     requirements of that section, payment for routine care and 
     other services included in hospice care furnished under such 
     program shall be made at the rate applicable under this 
     subsection for routine home care and other services included 
     in hospice care.
       ``(B) For purposes of determining payment amounts under 
     subparagraph (A) with respect to routine and continuous care, 
     the residence described in section 1861(dd)(6) is deemed to 
     be the home of the individual receiving hospice care.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to hospice care provided on or after the date of 
     the enactment of this Act.
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