< Back to H.R. 3511 (107th Congress, 2001–2002)

Text of the To amend title XVIII of the Social Security Act to continue the 2001 conversion factor under the Medicare physician fee ...

...Medicare physician fee schedule for the first 6 months of 2002, and for other purposes.

This bill was introduced on December 18, 2001, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 18, 2001 (Introduced).

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HR 3511 IH

107th CONGRESS

1st Session

H. R. 3511

To amend title XVIII of the Social Security Act to continue the 2001 conversion factor under the Medicare physician fee schedule for the first 6 months of 2002, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 18, 2001

Mr. FLETCHER (for himself, Mr. PETERSON of Minnesota, and Mrs. JOHNSON of Connecticut) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 amend title XVIII of the Social Security Act to continue the 2001 conversion factor under the Medicare physician fee schedule for the first 6 months of 2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CONTINUATION OF 2001 CONVERSION FACTOR UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE FOR FIRST 6 MONTHS OF 2002; MEDPAC REPORT ON SUSTAINABLE GROWTH RATE.

    (a) IN GENERAL- Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the following new paragraph:

      ‘(5) CONVERSION FACTOR FOR FIRST 6 MONTHS OF 2002-

        ‘(A) IN GENERAL- Notwithstanding the update otherwise determined under paragraph (4) for 2002, the conversion factor established under this subsection for services furnished during the first 6 months of 2002 shall be the conversion factor established under this subsection for 2001.

        ‘(B) NO EFFECT FOR SUBSEQUENT PERIODS- The conversion factor under paragraph (1) and the update adjustment factor under paragraph (4)(B) for services furnished on or after July 1, 2002, shall be applied and computed as if subparagraph (A) had not been in effect.

        ‘(C) CONFORMING PROVISIONS TO ENSURE NO EFFECT FOR SUBSEQUENT PERIODS- In carrying out subparagraph (B):

          ‘(i) NO EFFECT ON TARGET FOR ALLOWED EXPENDITURES- The allowed expenditures under paragraph (4)(C)(iii) for years after 2002 shall be applied and computed as if subparagraph (A) had not been in effect.

          ‘(ii) REMOVAL OF ADDITIONAL EXPENDITURES FROM ACTUAL EXPENDITURES- In applying paragraph (4)(B) for years beginning with 2003, the actual expenditures for the first 6 months of 2002 shall be the actual expenditures otherwise determined multiplied by the ratio of (I) the amount of the conversion factor that would have applied for the first 6 months of 2002 under this subsection but for this paragraph, to (II) the amount of the conversion factor that is applied for the first 6 months of 2002 under this paragraph.

          ‘(iii) NOT TREATED AS CHANGE IN LAW AND REGULATION IN SUSTAINABLE GROWTH RATE DETERMINATION- The enactment of this paragraph shall not be treated as a change in law for purposes of applying subsection (f)(2)(D).’.

    (b) CONFORMING AMENDMENTS- Section 1848(d) of such Act (42 U.S.C. 1395w-4(d)) is amended--

      (1) in paragraph (1)(A), by inserting ‘and subject to paragraph (5)’ after ‘with 2001’;

      (2) in paragraph (4)(A), by inserting ‘(including paragraph (5))’ after ‘Unless otherwise provided by law’;

      (3) in paragraph (4)(B), by inserting ‘and subparagraphs (B) and (C) of paragraph (5)’ after ‘subparagraph (D)’ in the matter preceding clause (i); and

      (4) in paragraph (4)(C)(iii), by striking ‘The allowed expenditures’ and inserting ‘Subject to paragraph (5)(C)(i), the allowed expenditures’.

    (c) CONTINUED APPLICATION OF ‘PAY-AS-YOU-GO’ RULES- Nothing in this section shall be construed as waiving the application of the pay-as-you-go provisions of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177).

    (d) STUDY AND REPORT BY MEDPAC ON REPLACING OR MODIFYING THE SUSTAINABLE GROWTH RATE AS A FACTOR IN DETERMINING THE UPDATE FOR PAYMENTS UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE-

      (1) STUDY- The Medicare Payment Advisory Commission shall conduct a study on replacing or modifying the sustainable growth rate (as determined under subsection (f) of section 1848 of the Social Security Act (42 U.S.C. 1395w-4)) as a factor in determining the update for payments under the medicare physician fee schedule under such section such that the factor used more fully accounts for changes in the unit costs of providing physicians’ services.

      (2) REPORT TO CONGRESS- Not later than March 1, 2002, the Commission shall submit to Congress a report on the study conducted under paragraph (1) together with such recommendations for legislation and administrative action as the Commission determines appropriate.