Title II — Medicare and Other Health Extenders
TITLE II Medicare and Other Health Extenders
Subtitle A Medicare Extenders
SEC. 202. Extension of Therapy Cap Exceptions Process.
“(E)
(i) In place of the manual medical review process under subparagraph (C)(i), the Secretary shall implement a process for medical review under this subparagraph under which the Secretary shall identify and conduct medical review for services described in subparagraph (C)(i) furnished by a provider of services or supplier (in this subparagraph referred to as a ‘therapy provider’) using such factors as the Secretary determines to be appropriate.
“(ii) Such factors may include the following:
“(I) The therapy provider has had a high claims denial percentage for therapy services under this part or is less compliant with applicable requirements under this title.
“(II) The therapy provider has a pattern of billing for therapy services under this part that is aberrant compared to peers or otherwise has questionable billing practices for such services, such as billing medically unlikely units of services in a day.
“(III) The therapy provider is newly enrolled under this title or has not previously furnished therapy services under this part.
“(IV) The services are furnished to treat a type of medical condition.
“(V) The therapy provider is part of group that includes another therapy provider identified using the factors determined under this subparagraph.
“(iii) For purposes of carrying out this subparagraph, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal years 2015 and 2016, to remain available until expended. Such funds may not be used by a contractor under section 1893(h) for medical reviews under this subparagraph.
“(iv) The targeted review process under this subparagraph shall not apply to services for which expenses are incurred beyond the period for which the exceptions process under subparagraph (A) is implemented.”
SEC. 203. Extension of Ambulance Add-Ons.
SEC. 204. Extension of Increased Inpatient Hospital Payment Adjustment for Certain Low-Volume Hospitals.
SEC. 205. Extension of the Medicare-Dependent Hospital (mdh) Program.
SEC. 206. Extension for Specialized Medicare Advantage Plans for Special Needs Individuals.
SEC. 207. Extension of Funding for Quality Measure Endorsement, Input, and Selection.
SEC. 208. Extension of Funding Outreach and Assistance for Low-Income Programs.
“(v) for fiscal year 2015, of $7,500,000;
“(vi) for fiscal year 2016, of $13,000,000; and
“(vii) for fiscal year 2017, of $13,000,000.”
“(v) for fiscal year 2015, of $7,500,000;
“(vi) for fiscal year 2016, of $7,500,000; and
“(vii) for fiscal year 2017, of $7,500,000.”
“(v) for fiscal year 2015, of $5,000,000;
“(vi) for fiscal year 2016, of $5,000,000; and
“(vii) for fiscal year 2017, of $5,000,000.”
“(v) for fiscal year 2015, of $5,000,000;
“(vi) for fiscal year 2016, of $12,000,000; and
“(vii) for fiscal year 2017, of $12,000,000.”
SEC. 209. Extension and Transition of Reasonable Cost Reimbursement Contracts.
“(iv) In the case of an eligible organization that is offering a reasonable cost reimbursement contract that may no longer be extended or renewed because of the application of clause (ii), or where such contract has been extended or renewed but the eligible organization has informed the Secretary in writing not later than a date determined appropriate by the Secretary that such organization voluntarily plans not to seek renewal of the reasonable cost reimbursement contract, the following shall apply:
“(I) Notwithstanding such clause, such contract may be extended or renewed for the two years subsequent to 2016. The final year in which such contract is extended or renewed is referred to in this subsection as the ‘last reasonable cost reimbursement contract year for the contract’.
“(II) The organization may not enroll a new enrollee under such contract during the last reasonable cost reimbursement contract year for the contract (but may continue to enroll new enrollees through the end of the year immediately preceding such year) unless such enrollee is any of the following:
“(aa) An individual who chooses enrollment in the reasonable cost contract during the annual election period with respect to such last year.
“(bb) An individual whose spouse, at the time of the individual’s enrollment is an enrollee under the reasonable cost reimbursement contract.
“(cc) An individual who is covered under an employer group health plan that offers coverage through the reasonable cost reimbursement contract.
“(dd) An individual who becomes entitled to benefits under part A, or enrolled under part B, and was enrolled in a plan offered by the eligible organization immediately prior to the individual’s enrollment under the reasonable cost reimbursement contract.
“(III) Not later than a date determined appropriate by the Secretary prior to the beginning of the last reasonable cost reimbursement contract year for the contract, the organization shall provide notice to the Secretary as to whether the organization will apply to have the contract converted over, in whole or in part, and offered as a Medicare Advantage plan under part C for the year following the last reasonable cost reimbursement contract year for the contract.
“(IV) If the organization provides the notice described in subclause (III) that the contract will be converted, in whole or in part, the organization shall, not later than a date determined appropriate by the Secretary, provide the Secretary with such information as the Secretary determines appropriate in order to carry out section 1851(c)(4) and to carry out section 1854(a)(5), including subparagraph (C)(ii) of such section.
“(V) In the case that the organization enrolls a new enrollee under such contract during the last reasonable cost reimbursement contract year for the contract, the organization shall provide the individual with a notification that such year is the last year for such contract.
“(v) If an eligible organization that is offering a reasonable cost reimbursement contract that is extended or renewed pursuant to clause (iv) provides the notice described in clause (iv)(III) that the contract will be converted, in whole or in part, the following shall apply:
“(I) The deemed enrollment under section 1851(c)(4).
“(II) The special rule for quality increase under section 1853(o)(4)(C).
“(III) During the last reasonable cost reimbursement contract year for the contract and the year immediately preceding such year, the eligible organization, or the corporate parent organization of the eligible organization, shall be permitted to offer an MA plan in the area that such contract is being offered and enroll Medicare Advantage eligible individuals in such MA plan and such cost plan.”
“(4) Deemed enrollment relating to converted reasonable cost reimbursement contracts.—
“(A) In general.—On the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, an MA eligible individual described in clause (i) or (ii) of subparagraph (B) is deemed, unless the individual elects otherwise, to have elected to receive benefits under this title through an applicable MA plan (and shall be enrolled in such plan) beginning with such plan year, if—
“(i) the individual is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year;
“(ii) such reasonable cost reimbursement contract was extended or renewed for the last reasonable cost reimbursement contract year of the contract (as described in subclause (I) of section 1876(h)(5)(C)(iv)) pursuant to such section;
“(iii) the eligible organization that is offering such reasonable cost reimbursement contract provided the notice described in subclause (III) of such section that the contract was to be converted;
“(iv) the applicable MA plan—
“(I) is the plan that was converted from the reasonable cost reimbursement contract described in clause (iii);
“(II) is offered by the same entity (or an organization affiliated with such entity that has a common ownership interest of control) that entered into such contract; and
“(III) is offered in the service area where the individual resides;
“(v) in the case of reasonable cost reimbursement contracts that provide coverage under parts A and B (and, to the extent the Secretary determines it to be feasible, contracts that provide only part B coverage), the difference between the estimated individual costs (as determined applicable by the Secretary) for the applicable MA plan and such costs for the predecessor cost plan does not exceed a threshold established by the Secretary; and
“(vi) the applicable MA plan—
“(I) provides coverage for enrollees transitioning from the converted reasonable cost reimbursement contract to such plan to maintain current providers of services and suppliers and course of treatment at the time of enrollment for a period of at least 90 days after enrollment; and
“(II) during such period, pays such providers of services and suppliers for items and services furnished to the enrollee an amount that is not less than the amount of payment applicable for such items and services under the original Medicare fee-for-service program under parts A and B.
“(B) MA eligible individuals described.—
“(i) Without prescription drug coverage.—An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who is not, for such previous plan year, enrolled in a prescription drug plan under part D, including coverage under section 1860D–22.
“(ii) With prescription drug coverage.—An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who, for such previous plan year, is enrolled in a prescription drug plan under part D—
“(I) through such contract; or
“(II) through a prescription drug plan, if the sponsor of such plan is the same entity (or an organization affiliated with such entity) that entered into such contract.
“(C) Applicable ma plan defined.—In this paragraph, the term ‘applicable MA plan’ means, in the case of an individual described in—
“(i) subparagraph (B)(i), an MA plan that is not an MA–PD plan; and
“(ii) subparagraph (B)(ii), an MA–PD plan.
“(D) Identification and notification of deemed individuals.—Not later than 45 days before the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, the Secretary shall identify and notify the individuals who will be subject to deemed elections under subparagraph (A) on the first day of such period.”
“(F) Special period for certain deemed elections.—
“(i) In general.—At any time during the period beginning after the last day of the annual, coordinated election period under paragraph (3) in which an individual is deemed to have elected to enroll in an MA plan or MA–PD plan under subsection (c)(4) and ending on the last day of February of the first plan year for which the individual is enrolled in such plan, such individual may change the election under subsection (a)(1) (including changing the MA plan or MA–PD plan in which the individual is enrolled).
“(ii) Limitation of one change.—An individual may exercise the right under clause (i) only once during the applicable period described in such clause. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4).”
“(i) Notification to newly eligible medicare advantage eligible individuals.—”
; and
“(ii) Notification related to certain deemed elections.—The Secretary shall require a Medicare Advantage organization that is offering a Medicare Advantage plan that has been converted from a reasonable cost reimbursement contract pursuant to section 1876(h)(5)(C)(iv) to mail, not later than 30 days prior to the first day of the annual, coordinated election period under subsection (e)(3) of a year, to any individual enrolled under such contract and identified by the Secretary under subsection (c)(4)(D) for such year—
“(I) a notification that such individual will, on such day, be deemed to have made an election with respect to such plan to receive benefits under this title through an MA plan or MA–PD plan (and shall be enrolled in such plan) for the next plan year under subsection (c)(4)(A), but that the individual may make a different election during the annual, coordinated election period for such year;
“(II) the information described in subparagraph (A);
“(III) a description of the differences between such MA plan or MA–PD plan and the reasonable cost reimbursement contract in which the individual was most recently enrolled with respect to benefits covered under such plans, including cost-sharing, premiums, drug coverage, and provider networks;
“(IV) information about the special period for elections under subsection (e)(2)(F); and
“(V) other information the Secretary may specify.”
“(C) Special rule for first 3 plan years for plans that were converted from a reasonable cost reimbursement contract.—For purposes of applying paragraph (1) and section 1854(b)(1)(C) for the first 3 plan years under this part in the case of an MA plan to which deemed enrollment applies under section 1851(c)(4)—
“(i) such plan shall not be treated as a new MA plan (as defined in paragraph (3)(A)(iii)(II)); and
“(ii) in determining the star rating of the plan under subparagraph (A), to the extent that Medicare Advantage data for such plan is not available for a measure used to determine such star rating, the Secretary shall use data from the period in which such plan was a reasonable cost reimbursement contract.”
SEC. 210. Extension of Home Health Rural Add-On.
Subtitle B Other Health Extenders
SEC. 211. Permanent Extension of the Qualifying Individual (qi) Program.
“(P) for the period that begins on April 1, 2015, and ends on December 31, 2015, the total allocation amount is $535,000,000; and
“(Q) for 2016 and, subject to paragraph (4), for each subsequent year, the total allocation amount is $980,000,000.”
“(4) Adjustment to allocations.—The Secretary may increase the allocation amount under paragraph (2)(Q) for a year (beginning with 2017) up to an amount that does not exceed the product of the following:
“(A) Maximum allocation amount for previous year.—In the case of 2017, the allocation amount for 2016, or in the case of a subsequent year, the maximum allocation amount allowed under this paragraph for the previous year.
“(B) Increase in part b premium.—The monthly premium rate determined under section 1839 for the year divided by the monthly premium rate determined under such section for the previous year.
“(C) Increase in part b enrollment.—The average number of individuals (as estimated by the Chief Actuary of the Centers for Medicare & Medicaid Services in September of the previous year) to be enrolled under part B of title XVIII for months in the year divided by the average number of such individuals (as so estimated) under this subparagraph with respect to enrollments in months in the previous year.”
SEC. 212. Permanent Extension of Transitional Medical Assistance (tma).
“(1) Beginning April 1, 1990, for provisions relating to the extension of eligibility for medical assistance for certain families who have received aid pursuant to a State plan approved under part A of title IV and have earned income, see section 1925.”
SEC. 213. Extension of Special Diabetes Program for Type I Diabetes and for Indians.
SEC. 214. Extension of Abstinence Education.
SEC. 215. Extension of Personal Responsibility Education Program (prep).
SEC. 216. Extension of Funding for Family-To-Family Health Information Centers.
“(vi) $5,000,000 for each of fiscal years 2015 through 2017.”
SEC. 217. Extension of Health Workforce Demonstration Project for Low-Income Individuals.
SEC. 218. Extension of Maternal, Infant, and Early Childhood Home Visiting Programs.
“(G) for fiscal year 2016, $400,000,000; and
“(H) for fiscal year 2017, $400,000,000.”
SEC. 219. Tennessee Dsh Allotment for Fiscal Years 2015 Through 2025.
“(vi) Allotment for fiscal years 2015 through 2025.—Notwithstanding any other provision of this subsection, any other provision of law, or the terms of the TennCare Demonstration Project in effect for the State, the DSH allotment for Tennessee for fiscal year 2015, and for each fiscal year thereafter through fiscal year 2025, shall be $53,100,000 for each such fiscal year.”