< Back to H.R. 5334 (106th Congress, 1999–2000)

Text of the Patients Before Paperwork Medicare Red Tape Reduction Act of 2000

This bill was introduced on September 28, 2000, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 28, 2000 (Introduced).

Source: GPO

HR 5334 IH

106th CONGRESS

2d Session

H. R. 5334

To establish a Patients Before Paperwork Medicare Red Tape Reduction Commission to study the proliferation of paperwork under the medicare program.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 2000

Mr. DICKEY introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To establish a Patients Before Paperwork Medicare Red Tape Reduction Commission to study the proliferation of paperwork under the medicare program.

    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 ‘Patients Before Paperwork Medicare Red Tape Reduction Act of 2000’.

SEC. 2. FINDINGS.

    Congress makes the following findings:

      (1) Regulations promulgated by the Health Care Financing Administration to administer the medicare program under title XVIII of the Social Security Act are 3 times as long as the regulations relating to the Internal Revenue Code of 1986.

      (2) According to American Medical Association Immediate Past President Dr. Nancy W. Dickey, for most doctors, ‘the biggest challenge is getting through mountains of medicare paperwork’.

      (3) The Health Care Financing Administration uses 23 different forms in the administration of the medicare program.

      (4) In 1998, the average processing time for appeals of claims denied under part A of the medicare program was 310 days and the average appeal time was 524 days under part B of such program.

SEC. 3. PATIENTS BEFORE PAPERWORK MEDICARE RED TAPE REDUCTION COMMISSION.

    (a) ESTABLISHMENT- There is established a commission to be known as the Patients Before Paperwork Medicare Red Tape Reduction Commission (in this section referred to as the ‘Commission’).

    (b) DUTIES OF THE COMMISSION- The Commission shall--

      (1) review existing paperwork burdens and related regulations under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), with the goal of reducing the paperwork burdens under such program;

      (2) analyze whether existing and proposed paperwork requirements and related regulations have proven benefits, including a positive health benefit for medicare beneficiaries;

      (3) make recommendations regarding methods to streamline and to simplify the coding method for items and services for which reimbursement is provided under the medicare program;

      (4) make recommendations regarding the facilitation of electronic filing of claims for reimbursement and the elimination of paperwork under the medicare program;

      (5) develop a standard form that will minimize any duplication of data and that facilitates the creation of an electronic system that relies on less paperwork than the current system;

      (6) determine the effect of the paperwork requirements under the medicare program on relationships between doctors and patients; and

      (7) review and analyze such other matters relating to paperwork reduction under the medicare program as the Commission deems appropriate.

    (c) MEMBERSHIP-

      (1) COMPOSITION- The Commission shall be composed of 10 voting members appointed in accordance with paragraph (2) and one ex officio voting member designated under paragraph (3).

      (2) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, members of the Commission shall be appointed as follows:

        (A) The President shall appoint 3 members, of whom not more than 2 shall be of the same political party.

        (B) The majority leader of the Senate, after consultation with the minority leader of the Senate, shall appoint 3 members, of whom not more than 2 shall be of the same political party.

        (C) The Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives, shall appoint 3 members, of whom not more than 2 shall be of the same political party.

        (D) The President, majority leader of the Senate, and the Speaker of the House of Representatives shall jointly appoint 1 member, who shall serve as Chairperson of the Commission.

      (3) EX OFFICIO MEMBER- The Secretary of Health and Human Services (or the Secretary’s designee) shall serve as an ex officio member of the Commission.

      (4) QUALIFICATIONS-

        (A) IN GENERAL- Subject to subparagraph (B), each member appointed under paragraph (2) shall be a health care provider, insurer, an individual with expertise in the medicare program, or a medicare beneficiary.

        (B) INCLUSION OF PRACTICING PHYSICIANS- At least 1 member appointed under paragraph (2) shall be a practicing physician.

      (5) TERMS OF APPOINTMENT- The term of any appointment under paragraph (1) to the Commission shall be for the life of the Commission.

      (6) MEETINGS- The Commission shall meet at the call of its Chairperson or a majority of its members.

      (7) QUORUM- A quorum shall consist of a majority of the members of the Commission, except that 3 members may conduct a hearing under subsection (e)(1).

      (8) VACANCIES- A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy and shall not affect the power of the remaining members to execute the duties of the Commission.

      (9) COMPENSATION- Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission.

      (10) EXPENSES- Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code.

    (d) STAFF AND SUPPORT SERVICES-

      (1) EXECUTIVE DIRECTOR-

        (A) APPOINTMENT- The Chairperson shall appoint an executive director of the Commission.

        (B) COMPENSATION- The executive director shall be paid the rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code.

      (2) STAFF- With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate.

      (3) APPLICABILITY OF CIVIL SERVICE LAWS- The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates).

      (4) EXPERTS AND CONSULTANTS- With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

      (5) PHYSICAL FACILITIES- The Administrator of General Services shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission.

    (e) POWERS OF COMMISSION-

      (1) HEARINGS AND OTHER ACTIVITIES- For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties.

      (2) STUDIES BY GAO- Upon the request of the Commission, the Comptroller General of the United States shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties.

      (3) COST ESTIMATES BY CONGRESSIONAL BUDGET OFFICE AND OFFICE OF THE CHIEF ACTUARY OF HCFA-

        (A) The Director of the Congressional Budget Office or the Chief Actuary of the Health Care Financing Administration shall provide to the Commission, upon the request of the Commission, such cost estimates as the Commission determines to be necessary to carry out its duties.

        (B) The Commission shall reimburse the Director of the Congressional Budget Office for expenses relating to the employment in the office of the Director of such additional staff as

may be necessary for the Director to comply with requests by the Commission under subparagraph (A).

      (4) DETAIL OF FEDERAL EMPLOYEES- Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.

      (5) TECHNICAL ASSISTANCE- Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties.

      (6) USE OF MAILS- The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code.

      (7) OBTAINING INFORMATION- The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission.

      (8) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.

      (9) PRINTING- For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of Congress.

    (f) REPORT- Not later than 1 year after the date on which the final member of the Commission is appointed under subsection (c), the Commission shall submit to the President and Congress a report which shall contain a detailed statement of only those recommendations, findings, and conclusions of the Commission that receive the approval of at least a majority of the members of the Commission.

    (g) TERMINATION- The Commission shall terminate 30 days after the date of submission of the report required under subsection (f).

    (h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $500,000 to carry out this section.