[Congressional Record Volume 161, Number 97 (Wednesday, June 17, 2015)]
[House]
[Pages H4483-H4485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1745
          MEDICARE ADVANTAGE COVERAGE TRANSPARENCY ACT OF 2015

  Mr. BRADY of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 2505) to amend title XVIII of the Social Security Act to 
require the annual reporting of data on enrollment in Medicare 
Advantage plans, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2505

       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 ``Medicare Advantage Coverage 
     Transparency Act of 2015''.

     SEC. 2. REQUIREMENT FOR ENROLLMENT DATA REPORTING FOR 
                   MEDICARE.

       Section 1874 of the Social Security Act (42 U.S.C. 1395kk) 
     is amended by adding at the end the following new subsection:
       ``(g) Requirement for Enrollment Data Reporting.--
       ``(1) In general.--Not later than May 1 of each year 
     (beginning with 2016), the Secretary shall submit to the 
     Committees on Ways and Means and Energy and Commerce of the 
     House of Representatives and the Committee on Finance of the 
     Senate a report on enrollment data (and, in the case of part 
     A, on data on individuals receiving benefits under such part) 
     for the plan year or, in the case of part A and part B, for 
     the fiscal year or year (as applicable) ending before January 
     1 of such plan year, fiscal year, or year. Such enrollment 
     data shall be presented--
       ``(A) by zip code, congressional district, and State;
       ``(B) in a manner that provides for such data based on 
     enrollment (including receipt of benefits other than through 
     enrollment) under part A, enrollment under part B, enrollment 
     under an MA plan under part C, and enrollment under part D; 
     and
       ``(C) in the case of enrollment data described in 
     subparagraph (B) relating to MA plans, presented in a manner 
     that provides for such data for each MA-PD plan and for each 
     MA plan that is not an MA-PD plan.
       ``(2) Delay of deadline.--If the Secretary is unable to 
     submit a report under paragraph (1) by May 1 of a year for 
     data of the plan year, fiscal year, or year (as applicable) 
     ending before January 1 of such year, the Secretary shall, 
     not later than April 30 of such year, notify the committees 
     described in such paragraph of--
       ``(A) such inability, including an explanation for such 
     inability; and
       ``(B) the date by which the Secretary will provide such 
     report, which shall be not later than June 1 of such year.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Brady) and the gentleman from New York (Mr. Rangel) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. BRADY of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 2505 currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BRADY of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, after my remarks, I will include in the Record an 
exchange of letters between the committees of jurisdiction.
  I stand in strong support of H.R. 2505, the Medicare Advantage 
Coverage Transparency Act of 2015. This is commonsense legislation. It 
is truly about transparency in healthcare data.
  Medicare Advantage currently makes up close to one-third of the 
Medicare program's enrollees. The Congressional Budget Office projects 
that Medicare enrollment numbers will swell over the next decade and 
that Medicare Advantage will grow to over 40 percent of Medicare.
  It will be beneficial for Members of Congress to fully understand 
what the makeup of health enrollment is in their district, whether it 
is Medicare Advantage; part D, the prescription drug plan; or fee-for-
service. Members and their staff will be able to serve their 
constituents better and more

[[Page H4484]]

fully with access to this data. As we continue to work on, process, and 
pass legislation to improve the Medicare program, getting this 
enrollment snapshot will provide very necessary transparency and 
openness.
  I want to thank the gentleman from Pennsylvania (Mr. Kelly), Mr. 
Kind, and Mr. Bilirakis for their hard work in getting this legislation 
through the committee and to the House floor.
  With that, Mr. Speaker, I reserve the balance of my time.

                                        .House of Representatives,


                             Committee on Energy and Commerce,

                                    Washington, DC, June 12, 2015.
     Hon. Paul Ryan,
     Chairman, Committee on Ways and Means, Washington, DC.
       Dear Chairman Ryan: I write in regard to H.R. 2505, 
     Medicare Advantage Coverage Transparency Act of 2015, which 
     was ordered reported by the Committee on Ways and Means on 
     June 2, 2015. As you are aware, the bill also was referred to 
     the Committee on Energy and Commerce. I wanted to notify you 
     that the Committee on Energy and Commerce will forgo action 
     on H.R. 2505 so that it may proceed expeditiously to the 
     House floor for consideration.
       This is done with the understanding that the Committee on 
     Energy and Commerce's jurisdictional interests over this and 
     similar legislation are in no way diminished or altered. In 
     addition, the Committee reserves the right to seek conferees 
     on H.R. 2505 and requests your support when such a request is 
     made.
       I would appreciate your response confirming this 
     understanding with respect to H.R. 2505 and ask that a copy 
     of our exchange of letters on this matter be included in the 
     Congressional Record during consideration of the bill on the 
     House floor.
           Sincerely,
                                                       Fred Upton,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                                     Washington, DC, June 9, 2015.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding the 
     Committee's jurisdictional interest in H.R. 2505, the 
     Medicare Advantage Coverage Transparency Act of 2015, and 
     your willingness to forego consideration by your committee.
       I agree that the Committee on Energy and Commerce has a 
     valid jurisdictional interest in certain provisions of the 
     bill and that the Committee's jurisdiction will not be 
     adversely affected by your decision to forego consideration. 
     As you have requested, I will support your request for an 
     appropriate appointment of outside conferees from your 
     committee in the event of a House-Senate conference on this 
     or similar legislation should such a conference be convened.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of H.R. 2505. Thank you again for your 
     cooperation.
           Sincerely,
                                                        Paul Ryan,
                                                         Chairman.

  Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
  I concur with the gentleman from Texas. My dear friend Mike Kelly and 
Congressman Ron Kind have worked together in trying to get more 
information for the Congress from our congressional districts to see 
exactly what the enrollments are in Medicare. It makes us better 
legislators so we can improve the bill.
  I think these bills are worthy of the support of the House of 
Representatives, and I reserve the balance of my time.
  Mr. BRADY of Texas. Mr. Speaker, I am proud to yield 4 minutes to the 
gentleman from Pennsylvania (Mr. Kelly), a new member of the Ways and 
Means Committee and a businessperson who understands the openness and 
transparency required to improve Medicare.
  Mr. KELLY of Pennsylvania. I thank the gentleman for yielding.
  Mr. Speaker, Thomas Jefferson once opined:

       The cornerstone of democracy rests on the foundation of an 
     educated electorate. Whenever the people are well-informed, 
     they can be trusted with their own government.

  Jefferson's vision for our democracy was premised on the notion that 
individuals are intelligent enough to determine the best choices for 
their lives, their families, and their communities, and not some 
monolithic, paternalistic government.
  A prerequisite to being well-informed, however, is to ensure that the 
American people have adequate information about how Federal policies 
and decisions made in Washington will or are impacting their lives. 
That is why transparency is so vital to our system of government: it 
provides the necessary information to educate or our on which our 
democracy depends.
  Laws and their impacts should not be shrouded in secrecy. Congress 
and the administration need to be fostering a culture of openness and 
transparency when legislating and making decisions here in Washington. 
That is what this legislation is all about: providing more transparency 
to the American people about their health care, specifically Medicare 
Advantage coverage.
  H.R. 2505, the Medicare Advantage Coverage Transparency Act, is a 
bill to do just that. With passage of H.R. 2505, CMS will be required 
to provide additional information on Medicare Advantage enrollment 
based on ZIP Code, congressional district, and State.
  This data will be available for both Medicare Advantage Prescription 
Drug Plans as well as regular Medicare Advantage. Enrollment data under 
part A, part B, enrollment under an MA plan under part C, and 
enrollment under part D would also be covered.
  The purpose of this additional data is to provide greater information 
to the public, policymakers, and the healthcare community so that they 
have the benefit of more and better information when making decisions.
  CMS should provide a more transparent accounting of Medicare 
enrollment data to Congress, other government offices, and the American 
people so committees of jurisdiction can better understand how Medicare 
is serving the healthcare needs of the Nation as well as individual 
congressional districts.
  H.R. 2505 would require an annual report on Medicare enrollment data 
so that Members of Congress have more accurate information regarding 
the constituents' use of Medicare programs. Such transparency will 
allow Americans and Members of Congress to better know and understand 
the scope of Medicare enrollment on a local level as well as the 
specific population affected.
  In 2014, the majority of the 54 million people on Medicare are in the 
traditional Medicare program, with 30 percent enrolled in a Medicare 
Advantage plan. Since 2004, the number of beneficiaries enrolled in 
private plans has almost tripled--from 5.3 million to 15.7 million in 
2014.
  In Pennsylvania, 18 percent of the total population in the 
Commonwealth is enrolled in some form of Medicare. Of the 18 percent, 
39 percent of those Medicare beneficiaries are enrolled in Medicare 
Advantage plans. That means that 7 percent of Pennsylvanians are 
enrolled in the Medicare Advantage plan.
  This legislation will give me and my constituents more information 
about how changes to Medicare Advantage plans in Washington will impact 
my constituents at home in the Third Congressional District of 
Pennsylvania and every Member and their constituents around this great 
country.
  I want to thank Chairman Ryan for bringing up this bill. I also want 
to thank Leader McCarthy for bringing this bill to the floor.
  Mr. RANGEL. Mr. Speaker, I have no further requests for time, and I 
reserve the balance of my time.
  Mr. BRADY of Texas. Mr. Speaker, I am pleased to yield 2 minutes the 
gentleman from Florida (Mr. Bilirakis), one of the key authors of the 
legislation and one of the leaders of health care on the Energy and 
Commerce Committee.
  Mr. BILIRAKIS. Mr. Speaker, I rise today in support of a bill I am 
proud to sponsor with my friends--Representative Kelly, who is the lead 
sponsor, and Representative Kind--H.R. 2505, the Medicare Advantage 
Coverage Transparency Act.
  Fifteen million Americans choose Medicare Advantage. By all accounts, 
Medicare Advantage has been successful for its enrollees, including 
those I represent. Similarly, approximately 37 million seniors chose 
part D as of 2014. Over 1,000 Medicare part D plans are offered 
nationwide, and the program has continued to grow in popularity and be 
well under its initial budget projections. I think Medicare part D is 
one of the greatest programs in the history of the Congress.
  The Center for Medicare and Medicaid Services' Office of Legislation 
used to issue reports on the Medicare Advantage and part D enrollment 
data for each congressional district; however, in 2012, they stopped 
issuing these

[[Page H4485]]

reports. Why? It is now 2015, and they have still not provided this 
data.
  Information is valuable to legislators and health researchers. The 
more information we have about how a program is working, the better 
decisions we can make. Currently, enrollment data for Medicare 
Advantage and part D come from third-party sources; however, it is time 
for CMS to continue to do its job and provide this information.
  As I said earlier, by all accounts from third parties, both Medicare 
Advantage and part D are successful programs and, of course, as is 
traditional Medicare. These programs are used by so many seniors, Mr. 
Speaker. They are keeping our seniors healthier and saving them money.
  This is a good government bill, and I am hopeful for a strong, 
bipartisan vote.
  Mr. RANGEL. Mr. Speaker, I concur with the objectives of this bill. I 
advocate a ``yes'' vote, and I yield back the balance of my time.
  Mr. BRADY of Texas. Mr. Speaker, I yield myself the balance of my 
time.
  I appreciate the leadership of Mr. Kelly, Mr. Bilirakis, and Mr. Kind 
from Wisconsin, who together, Republicans and Democrats, crossed 
committees and recognized the need for openness.
  Knowledge is power. Knowledge of Medicare Advantage and who is 
receiving it in whose district we think is very important to 
strengthening Medicare as an entire program going forward.
  I urge support for this legislation, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Brady) that the House suspend the rules and 
pass the bill, H.R. 2505, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________