[Congressional Record Volume 161, Number 32 (Wednesday, February 25, 2015)]
[Extensions of Remarks]
[Page E251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE MEDICAID PHYSICIAN SELF-REFERRAL ACT OF 2015

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                           HON. JIM McDERMOTT

                             of washington

                    in the house of representatives

                      Wednesday, February 25, 2015

  Mr. McDERMOTT. Mr. Speaker, I rise today to introduce the Medicaid 
Physician Self-Referral Act of 2015. This bill makes a necessary 
clarification to Section 1902 of the Social Security Act. It provides 
that Medicaid designated health services claims are subject to the same 
requirements as Medicare designated health services claims under the 
Physician Self-Referral Law.
   Currently, there is uncertainty among stakeholders regarding the 
extent to which the requirements of the Physician Self-Referral Law 
apply to Title XIX of the Social Security Act. As a result, an 
important tool for fighting fraud in the healthcare system--which has 
successfully been employed for many years in the Medicare program--is 
underutilized in the Medicaid context. Congressional action is needed 
to provide legislative clarity that will strengthen the integrity of 
the Medicaid program in this area.
   Health care providers subject to the Physician Self-Referral Law 
should not be able to avoid penalties simply because a claim is a 
Medicaid claim rather than a Medicare claim. Both programs involve 
taxpayer money and we need to ensure that law enforcement officials 
have the tools they need to combat fraud, waste, and abuse.
   Although the law has long provided that the Medicaid and Medicare 
programs are on equal footing with respect to the Physician Self-
Referral Law, this bill leaves no doubt that Congress intends this to 
be the case.

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