II
113th CONGRESS
1st Session
S. 1332
IN THE SENATE OF THE UNITED STATES
July 18, 2013
Ms. Collins (for herself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program.
Short title
This Act may be cited as the
Home Health Care Planning Improvement
Act of 2013
.
Improving care planning for Medicare home health services
Part A provisions
Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) ) is amended—
in paragraph (2)—
in the matter preceding subparagraph (A),
by inserting , a nurse practitioner or clinical nurse specialist who is
working in collaboration with a physician in accordance with State law, a
certified nurse-midwife (as defined in section 1861(gg)) as authorized by State
law, or a physician assistant (as defined in section 1861(aa)(5)) under the
supervision of a physician
after
1866(j)
; and
in subparagraph (C)—
by inserting , a nurse practitioner,
a clinical nurse specialist, a certified nurse-midwife, or a physician
assistant (as the case may be)
after physician
the first
2 times it appears; and
by striking , and, in the case of a
certification made by a physician
and all that follows through
face-to-face encounter
and inserting , and, in the case
of a certification made by a physician after January 1, 2010, or by a nurse
practitioner, clinical nurse specialist, certified nurse-midwife, or physician
assistant (as the case may be) after January 1, 2014, prior to making such
certification the physician, nurse practitioner, clinical nurse specialist,
certified nurse-midwife, or physician assistant must document that the
physician, nurse practitioner, clinical nurse specialist, certified
nurse-midwife, or physician assistant has had a face-to-face
encounter
;
in the second sentence, by inserting
certified nurse-midwife,
after clinical nurse
specialist,
;
in the third sentence—
by striking physician
certification
and inserting certification
;
by inserting (or on January 1, 2014,
in the case of regulations to implement the amendments made by section 2 of the
Home Health Care Planning Improvement Act of
2013
)
after 1981
; and
by striking a physician who
and inserting a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician assistant who
;
and
in the fourth sentence, by inserting
, nurse practitioner, clinical nurse specialist, certified
nurse-midwife, or physician assistant
after
physician
.
Part B provisions
Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a) ) is amended—
in paragraph (2)—
in the matter
preceding subparagraph (A), by inserting , a nurse practitioner or
clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is
working in collaboration with a physician in accordance with State law, a
certified nurse-midwife (as defined in section 1861(gg)) as authorized by State
law, or a physician assistant (as defined in section 1861(aa)(5)) under the
supervision of a physician
after
1866(j)
;
in subparagraph (A)—
in each of clauses (ii) and (iii) of
subparagraph (A) by inserting , a nurse practitioner, a clinical nurse
specialist, a certified nurse-midwife, or a physician assistant (as the case
may be)
after physician
; and
in clause (iv),
by striking after January 1, 2010
and all that follows through
face-to-face encounter
and inserting made by a physician
after January 1, 2010, or by a nurse practitioner, clinical nurse specialist,
certified nurse-midwife, or physician assistant (as the case may be) after
January 1, 2014, prior to making such certification the physician, nurse
practitioner, clinical nurse specialist, certified nurse-midwife, or physician
assistant must document that the physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician assistant has had a
face-to-face encounter
;
in the third sentence, by inserting
, nurse practitioner, clinical nurse specialist, certified
nurse-midwife, or physician assistant (as the case may be)
after
physician;
in the fourth sentence—
by striking physician
certification
and inserting certification
;
by inserting (or on January 1, 2014
in the case of regulations to implement the amendments made by section 2 of the
Home Health Care Planning Improvement Act of
2013
)
after 1981
; and
by striking a physician who
and inserting a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician assistant who
;
and
in the fifth sentence, by inserting
, nurse practitioner, clinical nurse specialist, certified
nurse-midwife, or physician assistant
after
physician
.
Definition provisions
Home health services
Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) ) is amended—
in the matter preceding paragraph (1)—
by inserting , a nurse practitioner
or a clinical nurse specialist (as those terms are defined in subsection
(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a
physician assistant (as defined in subsection (aa)(5))
after
physician
the first place it appears; and
by inserting , a nurse practitioner,
a clinical nurse specialist, a certified nurse-midwife, or a physician
assistant
after physician
the second place it appears;
and
in paragraph (3), by inserting , a
nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or
a physician assistant
after physician
.
Home health agency
Section 1861(o)(2) of the Social Security Act ( 42 U.S.C. 1395x(o)(2) ) is amended—
by inserting , nurse practitioners
or clinical nurse specialists (as those terms are defined in subsection
(aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or
physician assistants (as defined in subsection (aa)(5))
after
physicians
; and
by inserting , nurse practitioner,
clinical nurse specialist, certified nurse-midwife, physician
assistant,
after physician
.
Home health prospective payment system provisions
Section 1895 of the Social Security Act (42 U.S.C. 1395fff ) is amended—
in subsection (c)(1), by inserting ,
the nurse practitioner or clinical nurse specialist (as those terms are defined
in section 1861(aa)(5)), the certified nurse-midwife (as defined in section
1861(gg)), or the physician assistant (as defined in section
1861(aa)(5)),
after physician
; and
in subsection (e)—
in paragraph (1)(A), by inserting ,
a nurse practitioner or clinical nurse specialist (as those terms are defined
in section 1861(aa)(5)), a certified nurse-midwife (as defined in section
1861(gg)), or a physician assistant (as defined in section 1861(aa)(5))
after physician
; and
in paragraph (2)—
in the heading, by striking
Physician
certification
and inserting
Rule of construction regarding requirement for
certification
; and
by striking
physician
.
Effective Date
The amendments made by this section shall apply to items and services furnished on or after January 1, 2014.
