[Congressional Record Volume 166, Number 207 (Tuesday, December 8, 2020)]
[House]
[Pages H6991-H6993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               PROVIDE ACCURATE INFORMATION DIRECTLY ACT

  Mr. LARSON of Connecticut. Madam Speaker, I move to suspend the rules 
and pass the bill (H.R. 1375) to amend title XVIII of the Social 
Security Act to provide for transparency of Medicare secondary payer 
reporting information, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1375

       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 ``Provide Accurate Information 
     Directly Act'' or ``PAID Act''.

     SEC. 2. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING 
                   INFORMATION.

       (a) In General.--Section 1862(b)(8)(G) of the Social 
     Security Act (42 U.S.C. 395y(b)(8)(G)) is amended--
       (1) by striking ``information.--The Secretary'' and 
     inserting ``information.--
       ``(i) In general.--The Secretary''; and
       (2) by adding at the end the following new clause:
       ``(ii) Specified information.--In responding to any query 
     from an applicable plan related to a determination described 
     in subparagraph (A)(i), the Secretary, notwithstanding any 
     other provision of law, shall provide to such applicable 
     plan--

       ``(I) whether a claimant subject to the query is, or during 
     the preceding 3-year period has been, entitled to benefits 
     under the program under this title on any basis; and
       ``(II) to the extent applicable, the plan name and address 
     of any Medicare Advantage plan under part C and any 
     prescription drug plan under part D in which the claimant is 
     enrolled or has been enrolled during such period.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to queries from plans made on or 
     after the date that is one year after the date of the 
     enactment of this Act.

     SEC. 3. DEPOSIT OF SAVINGS INTO MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)) is amended by striking ``$0'' and inserting 
     ``$30,000,000''.

     SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that

[[Page H6992]]

     such statement has been submitted prior to the vote on 
     passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Connecticut (Mr. Larson) and the gentleman from Kansas (Mr. Estes) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Connecticut.


                             General Leave

  Mr. LARSON of Connecticut. Madam Speaker, I ask unanimous consent 
that all Members have 5 legislative days in which to revise and extend 
their remarks and to include any extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  There was no objection.
  Mr. LARSON of Connecticut. Madam Speaker, I yield myself such time as 
I may consume.
  Madam Speaker, H.R. 1375, the Provide Accurate Information Directly 
Act of 2019, as amended, or the PAID Act, improves financial 
accountability by strengthening reporting regarding Medicare Advantage 
enrollees between the Centers for Medicare and Medicaid Services, CMS, 
and liability and other nongroup health plans.
  Similar measures are already in place for traditional Medicare. With 
one in three Medicare beneficiaries enrolled in a Medicare Advantage 
plan, it is time that we enact this measure to bring parity for the 
program. At its core, this is a good governance program, which will 
improve integrity overall, and that is always welcome.
  I would like to especially thank our fellow Ways and Means Committee 
member Ron Kind, who has worked tirelessly at this to make sure that we 
corrected this anomaly in the legislation.
  I urge my colleagues to support this legislation, and I reserve the 
balance of my time.
                                         House of Representatives,


                             Committee on Energy and Commerce,

                                 Washington, DC, December 8, 2020.
     Hon. Richard Neal,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Chairman Neal: I write concerning H.R. 1375, the PAID 
     Act, which was additionally referred to the Committee on 
     Energy and Commerce (Committee).
       In recognition of the desire to expedite consideration of 
     H.R. 1375, the Committee agrees to waive formal consideration 
     of the bill as to provisions that fall within the Rule X 
     jurisdiction of the Committee. The Committee takes this 
     action with the mutual understanding that we do not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation, and that the Committee will be 
     appropriately consulted and involved as this bill or similar 
     legislation moves forward so that we may address any 
     remaining issues within our jurisdiction. I also request that 
     you support my request to name members of the Committee to 
     any conference committee to consider such provisions.
       Finally, I would appreciate the inclusion of this letter in 
     the Congressional Record during floor consideration of H.R. 
     1375.
           Sincerely,
                                               Frank Pallone, Jr.,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                                 Washington, DC, December 8, 2020.
     Hon. Frank Pallone,
     Chairman, Committee on Energy and Commerce,
     Washington, DC.
       Dear Chairman Pallone: I am writing concerning H.R. 1375, 
     the PAID Act, which as you are aware was referred to the 
     Committee on Ways and Means and additionally to the Committee 
     on Energy and Commerce.
       I appreciate your willingness to work cooperatively on this 
     legislation and I recognize that the bill contains provisions 
     that fall within the jurisdiction of the Committee on Energy 
     and Commerce under House Rule X. I acknowledge that your 
     Committee will not consider H.R. 1375 and agree that the 
     inaction of your Committee with respect to the bill does not 
     waive any further jurisdictional claim over the matters 
     contained in the bill that fall within your Committee's Rule 
     X jurisdiction. I will also support the appointment of 
     Committee on Energy and Commerce conferees during any House-
     Senate conference on this legislation.
       I will ensure that our exchange of letters is included in 
     the Congressional Record during floor consideration of the 
     bill. I appreciate your cooperation regarding this 
     legislation and look forward to continuing to work with you 
     as this measure moves through the legislative process.
           Sincerely,
                                                  Richard E. Neal,
                                                         Chairman.

                              {time}  1530

  Mr. ESTES. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of this legislation.
  Right now, Medicare Advantage is an extremely popular program for 
seniors in the country, with a 99 percent satisfaction rate. Many in 
Kansas and across the United States rely on this program for quality, 
affordable healthcare.
  It is critical that we work together to find solutions to strengthen 
and improve Medicare Advantage. The Provide Accurate Information 
Directly Act, or the PAID Act, does exactly that.
  At a time when partisan bickering seems to be louder than the needs 
of Americans here in Washington, this bipartisan solution will improve 
healthcare processes for thousands of seniors. The PAID Act ensures 
that the Centers for Medicare and Medicaid Services, or CMS, is 
properly reimbursed for Medicare Advantage and Medicare part D costs 
that are covered by another settling party.
  To better understand how this bill works for Medicare Advantage and 
its beneficiaries, let me offer you this scenario:
  A 75-year-old Medicare beneficiary is crossing the street when she is 
hit by a car. She is taken to the hospital to be treated for her 
injuries where her care, subsequent physician visits, and prescription 
drugs are covered by her Medicare Advantage plan.
  Following this, she files a claim with the auto insurer of the driver 
who accidentally hit her with his vehicle. Since her Medicare Advantage 
program paid for her hospital and follow-up care, the plan is entitled 
to seek reimbursement from the driver's auto insurer for healthcare 
costs resulting from this accident.
  Due to the current reporting system, her Medicare Advantage plan or 
Medicare part D plan may never be reimbursed. This legislation would 
correct this issue, allowing Medicare to better share this information 
to determine if a claimant is a Medicare beneficiary and, if so, how 
much is owed on that beneficiary's behalf.
  This information sharing is not new. Currently, Medicare parts A and 
B already share this information. Information of the related parties 
will only be shared once a request is filed and will protect the 
beneficiary's private medical information.
  For too long, Medicare Advantage has been unable to receive proper 
reimbursement for the services they ensure are provided to our seniors. 
This bill is not only a significant process improvement, but it 
increases the longevity of this vital program.
  Congress has not made any meaningful improvements to the process 
since 2007, when this body enacted reforms that allowed Medicare parts 
A and B to streamline this process. After 13 years of leaving other 
plans in the dark, this plan would provide a win for Medicare Advantage 
beneficiaries, settling parties so that they can close out claims on 
time, CMS so they are allowed to recoup medical expenses, and, 
ultimately, the American taxpayer.
  As the Representative for Kansas' Fourth District, strengthening and 
improving healthcare, especially Medicare Advantage, has been some of 
the most valuable representation I can provide to my constituents. I am 
sure many colleagues can say the same.
  Currently, more than 28,000 of my constituents rely on Medicare 
Advantage because it still allows them to benefit from private-sector 
innovation. It is truly the best way to give seniors the care they need 
without sacrificing quality and while maintaining fiscal 
responsibility.
  Of all the process improvements that Congress can provide for this 
program in 2020, the PAID Act makes significant strides to ensure that 
our seniors and future generations can benefit from this program.
  I hope my colleagues on both sides of the aisle will join me in 
supporting this bipartisan legislation at a time when bipartisan 
solutions are seemingly scarce. Together, we can build on reforms like 
this to continue to improve our healthcare, rebuild our economy, and 
deliver meaningful relief to Americans looking to Congress for 
leadership through the challenges our country is facing.

[[Page H6993]]

  Madam Speaker, I yield 3 minutes to the gentleman from Florida (Mr. 
Bilirakis), who is one of the sponsors of this bill.
  Mr. BILIRAKIS. Madam Speaker, I rise today in support of H.R. 1375, 
the Provide Accurate Information Directly Act, or the PAID Act.
  Medicare secondary payer laws enacted in the 1980s have failed to 
stay current with Medicare. Medicare Advantage and part D have changed 
the way beneficiaries engage with Medicare and provide an opportunity 
for potential secondary payer issues due to a lack of coordination.
  The PAID Act allows settling parties to repay MSP amounts and allows 
for the coordination of benefits by requiring CMS to share necessary 
information. Specifically, the PAID Act authorizes settling parties to 
receive the same information CMS currently provides group health plans 
about Medicare Advantage and part D plan enrollment information.
  Madam Speaker, I urge my colleagues to pass this commonsense bill. I 
thank the leader, the manager, and also the chairman of the Ways and 
Means Committee for their leadership. I appreciate it. This is a really 
good bill. Let's get it done.
  Madam Speaker, I rise today in support of H.R. 1375, the Provide 
Accurate Information Directly (or PAID) Act.
  Medicare Secondary Payer laws enacted in the '80s have failed to stay 
current with Medicare. Medicare Advantage (or MA) and Part D have 
changed the way beneficiaries engage with Medicare and provide an 
opportunity for potential secondary payer issues due to a lack of 
coordination.
  The PAID Act allows settling parties to repay MSP amounts, and allow 
for the coordination of benefits, by requiring CMS to share necessary 
information. Specifically, the PAID Act authorizes settling parties to 
receive the same information CMS currently provides Group Health Plans 
about MA and Part D plan enrollment information.
  I urge my colleagues to pass this commonsense bill.
  Mr. LARSON of Connecticut. Madam Speaker, I continue to reserve the 
balance of my time.
  Mr. ESTES. Madam Speaker, I have no other speakers, and I yield 
myself the balance of my time.
  Madam Speaker, at a time when bipartisan solutions are becoming 
rarer, the PAID Act is a meaningful, commonsense measure that will 
provide financial stability and longevity to Medicare Advantage.
  Medicare Advantage is the best way to give seniors the care they need 
without sacrificing quality and maintaining fiscal responsibility. I 
urge my colleagues to join me in supporting this bipartisan measure to 
allow this program to continue serving our seniors.
  America is looking toward Congress for leadership through all of the 
new challenges we face. Throughout our history, the United States has 
rarely needed bipartisanship more than it does now. We must work 
together to improve healthcare, rebuild our economy, and deliver 
meaningful relief to our Nation.
  Madam Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  Mr. LARSON of Connecticut. Madam Speaker, again, I would like to 
thank our colleagues on both sides of the aisle, with a special thanks 
to the gentleman from Kansas (Mr. Estes) for his continued work on 
this.
  Ron Kind from Wisconsin has been fighting for practical, commonsense 
legislation like this almost every day that he has been in Congress 
since I have known him. A true sign of a Harvard quarterback is that he 
continues to be persistent. I want to thank him again for his hard 
work.
  Madam Speaker, I urge my colleagues to support H.R. 1375, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Connecticut (Mr. Larson) that the House suspend the 
rules and pass the bill, H.R. 1375, 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.

                          ____________________