[Congressional Record Volume 172, Number 128 (Wednesday, August 5, 2026)]
[Senate]
[Pages S4477-S4478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Ms. COLLINS:
S. 5250. A bill to amend title XVIII of the Social Security Act to
decrease fraud related to home health agencies in Medicare, and for
other purposes; to the Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to introduce the Medicare
Home Health Payment Integrity and Protection Act. This legislation
would strengthen the Medicare home health program by advancing two
complementary goals: protecting the home health program from fraud and
strengthening access to these important services for the Americans who
need them.
I have long been a strong supporter of home healthcare. In a home
visit I made in one of my first years as a Senator, I saw firsthand the
extraordinary difference that skilled nurses, therapists, and other
home health professionals make in the lives of patients and their
families. Every day, these dedicated caregivers enable millions of our
Nation's most frail and vulnerable individuals to remain in the
comfort, security, and privacy of their home, which is where they most
want to be.
Home healthcare not only improves patients' quality of life but also
helps avoid unnecessary hospitalizations and nursing home admissions,
producing substantial savings for Medicare, Medicaid, and families
alike.
For these reasons, we should be strengthening, not weakening, the
Medicare home health program.
Yet recent trends present a troubling paradox. Despite the rapid
aging of our population, the number of traditional Medicare
beneficiaries receiving home health services has declined in recent
years, from approximately 3.3 million beneficiaries in 2019 to 2.7
million just 5 years later.
At the same time, nearly everywhere in our country, the number of
Medicare-certified home health agencies has also been dropping.
According to the most recent report of MedPAC, which is the independent
agency analyzing and advising Congress on Medicare, excluding
California, more than 500 home health agencies closed between 2019 and
2024, a decline of 5 percent.
The picture is dramatically different in California, however, where
the number of Medicare home health agencies has doubled over the same
time period. Nearly all of that growth has occurred in Los Angeles
County.
If that strikes you as strange, you are in good company. As MedPAC
observed, many stakeholders, including the California State Auditor,
have concluded that the unusual pattern of home health agency growth
and use in Los Angeles County raises ``significant program integrity
concerns.''
In plain language, that means fraud.
MedPAC further noted that Los Angeles County has already been
identified as a major hotspot for waste, fraud, and abuse in Medicare
hospice services and that the dramatic increase in home health agencies
in the same area raises further flags. The California State auditor
reported that one office building housed the corporate offices of more
than 100 hospice agencies and dozens of home health agencies--a
striking example of how organized fraud can exploit weaknesses in
Medicare hospice enrollment and oversight.
The concentration of Medicare home health spending in Los Angeles
County is its own issue. This can be seen by the lopsided spending
generated there. Even though only 2 percent of the Nation's Medicare
fee-for-service beneficiaries live in Los Angeles County, that 2
percent generates 9 percent of all Medicare fee-for-service home health
expenditures in the entire Nation--roughly 4\1/2\ times the expected
share.
CMS is fully aware of the fraud problem in Los Angeles County and has
responded aggressively. I commend the Agency for doing so. My
legislation builds on those efforts by strengthening CMS's ability to
stop fraudulent providers before they enter the Medicare Program,
ending the ``pay and chase'' model.
The bill accomplishes this goal by enhancing enrollment screening for
owners and managers of agencies operating in objectively high-risk
markets, requiring more rigorous oversight of new and high-risk
providers through targeted surveys, strengthening oversight of
accrediting organizations, and improving verification that Medicare
beneficiaries actually received the services billed to the program.
Further, the bill requires agencies in high-risk areas to provide
documentation showing that they are legitimate businesses, such as
proof of liability insurance. The bill also requires more frequent
unannounced site visits for agencies that are new, have changed
ownership, or are reactivating their billing privileges. Funding to
support these efforts is also authorized. These reforms are designed to
identify fraudulent providers early while allowing legitimate agencies
to focus on delivering quality patient care.
The consequences of fraud extend well beyond the communities in which
it occurs. When billions of dollars are improperly siphoned from the
Medicare home health program, the result can undermine the integrity of
the payment system used to reimburse legitimate providers. Honest home
health agencies--particularly those serving rural communities--already
face rising labor costs, workforce shortages, and the challenges of
providing care across large geographic areas. Inadequate reimbursement
threatens their ability to continue serving the seniors who depend upon
them.
Protecting the integrity of the Medicare home health program
therefore requires more than identifying and prosecuting fraud; it also
requires ensuring that legitimate providers are reimbursed fairly for
the medically necessary care they provide.
[[Page S4478]]
This is the bill's second key objective. To accomplish this, my bill
directs CMS to reset the home health base payment amount using 2020
rates, adjusted for inflation, before applying future payment updates.
Resetting to 2020 is appropriate because it reflects the first year of
the current payment methodology under the Patient-Driven Groupings
Model and predates the fraud patterns that later emerged. The bill also
addresses a calculation distortion in the current payment methodology
and directs CMS to implement appropriate corrections going forward.
This legislation strikes the right balance. It strengthens CMS's
ability to prevent fraud before taxpayer dollars are lost, while
ensuring that honest providers have the resources necessary to continue
delivering high-quality care. It advances both program integrity and
payment integrity, protects Medicare beneficiaries, safeguards taxpayer
dollars, and helps preserve access to the home health services that
allow millions of Americans to receive care safely and independently in
their own homes.
I want to note that these program integrity provisions align with
those outlined in the Protecting Seniors and Stopping Fraudsters Act,
introduced by Rep. Van Duyne in May. I look forward to working with her
to move our bills forward as quickly as possible.
I urge my colleagues to join me in supporting this important
legislation.
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