Tuesday, January 8, 2013

Medicare and other extensions for health are not permanent

We hope you have followed our previous posts on the laws behind the new American Taxpayer Relief Act and the Unemployment Extensions under the Act (H. R. 8).  We hope to cover the extensions to Medicare and other health provisions under Title VI of the Act.  The scope and length of the Title VI extensions is sweeping but does not appear to be permanent.  Only one of the Sections of Title VI is extended until "2015" (Section 607 - which is a very worthwhile provision).  The rest are extended until "the end of the year/beginning of the new year" or until fiscal year 2013.

We searched for a video from Medicare.gov or the Administration on the new Medicare extension/s but could only find a Medicare YouTube video on their Physician Compare Website redesign.
Credit: Medicare, CMS, US Government work, Public Domain
 
 
We wanted to insert some images of selected parts of Title VI but that part of Blogger appears to be broken at this time.
 

 
Instead please see our notes on Title VI:
 


TITLE VIMEDICARE AND OTHER HEALTH EXTENSIONS
Note to our readers: If you want to get some information on how the Act will maintain and keep Medicare/Medicaid and it's costs "under control" scroll down to just past Section 643*.

Subtitle A—Medicare Extensions

Sec. 601. Medicare physician payment update.
This section is obvious and includes the provisions of the Social Security Act for the physicians section.


www.ssa.gov/OP_Home/ssact/title18/1862.htmCached - Similar

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[42 U.S.C. 1395y] (a) Notwithstanding any other provision of this title, no payment may be made under part A or part B for any expenses incurred for items or ...


www.ssa.gov/OP_Home/ssact/title18/1861.htmCached - Similar

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Part E—Miscellaneous Provisions. DEFINITIONS OF SERVICES, INSTITUTIONS, ETC. Sec. 1861. [42 U.S.C. 1395x] For purposes of this title— ...

 

Sec. 602. Work geographic adjustment.

Sec. 603. Payment for outpatient therapy services.
Outpatient therapy payments appear to be extended at least until "December 31, 2013".

Sec. 604. Ambulance add-on payments.   This section also covers air ambulances.  It is extended until "January 1, 2014".

Sec. 605. Extension of Medicare inpatient hospital payment adjustment for low-volume hospitals.   This section is quite brief and only mentions extending it to "2013/2014".

Sec. 606. Extension of the Medicare-dependent hospital (MDH) program.  Defines how hospitals are paid and hospitals may still "decline reclassification (?)". Extended through FY 2013.

Sec. 607. Extension for specialized Medicare Advantage plans for special needs individuals.  For special needs patients who require special care - this is extended through "2015".  No further clarification is provided by the Act.

Sec. 608. Extension of Medicare reasonable cost contracts.  

Sec. 609. Performance improvement.   This is one part of the Act that requires Medicare data review (parts A, B and D), strategy development and updates, study and reporting by the GAO and more for the performance improvement.  This appears to be a mechanism to control costs.  See also Section 643.

Sec. 610. Extension of funding outreach and assistance for low-income programs.   This should cover the elderly and disabled through "Fiscal Year 2013".  It appears to be capped at $7.5m and $5m only.

Subtitle B—Other Health Extensions

Sec. 621. Extension of the qualifying individual (QI) program.

Sec. 622. Extension of Transitional Medical Assistance (TMA).

Sec. 623. Extension of Medicaid and CHIP Express Lane option.

Sec. 624. Extension of family-to-family health information centers.

Sec. 625. Extension of Special Diabetes Program for Type I diabetes and for Indians.

Subtitle C—Other Health Provisions

Sec. 631. IPPS documentation and coding adjustment for implementation of MS-

DRGs.  Err, this section contains a piece onAbstinence Education”?   Was this a part of the deal with portions of the GOP?

Sec. 632. Revisions to the Medicare ESRD bundled payment system to reflect findings in the GAO report.

Sec. 633. Treatment of multiple service payment policies for therapy services.

Sec. 634. Payment for certain radiology services furnished under the Medicare hospital outpatient department prospective payment system.

Sec. 635. Adjustment of equipment utilization rate for advanced imaging services.

Sec. 636. Medicare payment of competitive prices for diabetic supplies and elimination of overpayment for diabetic supplies.

Sec. 637. Medicare payment adjustment for non-emergency ambulance transports

for ESRD beneficiaries.

Sec. 638. Removing obstacles to collection of overpayments.

Sec. 639. Medicare advantage coding intensity adjustment.

Sec. 640. Elimination of all funding for the Medicare Improvement Fund.

Sec. 641. Rebasing of State DSH allotments.

Sec. 642. Repeal of CLASS program. (Ref: http://en.wikipedia.org/wiki/Patient_Protection_and_Affordable_Care_Act) (And http://www.gpo.gov/fdsys/pkg/PLAW-111publ148/pdf/PLAW-111publ148.pdf) The Act is 906 pages long.  Rescinded section of the Act: “(5) The initial net savings generated by the Community

Living Assistance Services and Supports (CLASS) program are

necessary to ensure the long-term solvency of that program.

(b) SENSE OF THE SENATE.—It is the sense of the Senate that—

(1) the additional surplus in the Social Security Trust

Fund generated by this Act should be reserved for Social Security

and not spent in this Act for other purposes; and

(2) the net savings generated by the CLASS program should

be reserved for the CLASS program and not spent in this

Act for other purposes.”

Sec. 643. Commission on Long-Term Care.  “(a) ESTABLISHMENT.—There is established a commission to be

known as the Commission on Long-Term Care (referred to in this

section as the ‘‘Commission’’).
*Note to our readers: This is a very interesting portion of the Act.  It sets up a Commission, a Quorum, a Chairman, a Vice-Chairman, Hearings and "other activities".  This appears to be a mechanism (new) to maintain a working Medicare/Medicaid system and with cost and other controls for review.  We hope that this process will be "transparent" - though we expect it to be rather boring.  See also Section 609.

(b) DUTIES.—

(1) IN GENERAL.—The Commission shall develop a plan

for the establishment, implementation, and financing of a comprehensive, coordinated, and high-quality system that ensures

the availability of long-term services and supports for individuals in need of such services and supports, including elderly

individuals, individuals with substantial cognitive or functional

limitations, other individuals who require assistance to perform activities of daily living, and individuals desiring to plan for

future long-term care needs.

(2) EXISTING HEALTH CARE PROGRAMS.—For purposes of

developing the plan described in paragraph (1), the Commission

shall provide recommendations for—

(A) addressing the interaction of a long-term services

and support system with existing programs for long-term

services and supports, including the Medicare program

under title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.) and the Medicaid program under title XIX

of the Social Security Act (42 U.S.C. 1396 et seq.), and

private long-term care insurance;

(B) improvements to such health care programs that

are necessary for ensuring the availability of long-term

services and supports; and

(C) issues related to workers who provide long-term

services and supports, including—

(i) whether the number of such workers is adequate to provide long-term services and supports to

individuals with long-term care needs;

(ii) workforce development necessary to deliver

high-quality services to such individuals;

(iii) development of entities that have the capacity

to serve as employers and fiscal agents for workers

who provide long-term services and supports in the

homes of such individuals; and

(iv) addressing gaps in Federal and State infrastructure that prevent delivery of high-quality long

term services and supports to such individuals.  (3) ADDITIONAL CONSIDERATIONS.—For purposes of developing the plan described in paragraph (1), the Commission

shall take into account projected demographic changes and

trends in the population of the United States, as well as the

potential for development of new technologies, delivery systems,

or other mechanisms to improve the availability and quality

of long-term services and supports.

(4) CONSULTATION.—For purposes of developing the plan

described in paragraph (1), the Commission shall consult with

the Medicare Payment Advisory Commission, the Medicaid and

CHIP Payment and Access Commission, the National Council

on Disability, and relevant consumer groups.

(c) MEMBERSHIP.—

(1) IN GENERAL.—The Commission shall be composed of

15 members, to be appointed not later than 30 days after

the date of enactment of this Act, as follows:

(A) The President of the United States shall appoint

3 members.

(B) The majority leader of the Senate shall appoint

3 members.

(C) The minority leader of the Senate shall appoint

3 members.

(D) The Speaker of the House of Representatives shall

appoint 3 members.

(E) The minority leader of the House of Representatives

shall appoint 3 members.

(2) REPRESENTATION.—The membership of the Commission shall include individuals who— (A) represent the interests of—

(i) consumers of long-term services and supports

and related insurance products, as well as their representatives;

(ii) older adults;

(iii) individuals with cognitive or functional limitations;

(iv) family caregivers for individuals described in

clause (i), (ii), or (iii);

(v) the health care workforce who directly provide

long-term services and supports;

(vi) private long-term care insurance providers;

(vii) employers;

(viii) State insurance departments; and

(ix) State Medicaid agencies;

(B) have demonstrated experience in dealing with

issues related to long-term services and supports, health

care policy, and public and private insurance; and

(C) represent the health care interests and needs of

a variety of geographic areas and demographic groups.

(3) CHAIRMAN AND VICE-CHAIRMAN.—The Commission shall

elect a chairman and vice chairman from among its members.

(4) VACANCIES.—Any vacancy in the membership of the

Commission shall be filled in the manner in which the original

appointment was made and shall not affect the power of the

remaining members to execute the duties of the Commission.

(5) QUORUM.—A quorum shall consist of 8 members of

the Commission, except that 4 members may conduct a hearing

under subsection (e)(1).

(6) MEETINGS.—The Commission shall meet at the call

of its chairman or a majority of its members.

(7) COMPENSATION AND REIMBURSEMENT OF EXPENSES.—

(A) IN GENERAL.—To enable the Commission to exercise

its powers, functions, and duties, there are authorized to

be disbursed by the Senate the actual and necessary

expenses of the Commission approved by the chairman

and vice chairman, subject to subparagraph (B) and the

rules and regulations of the Senate.

(B) MEMBERS.—Members of the Commission are not

entitled to receive compensation for service on the Commission. Members may be reimbursed for travel, subsistence,

and other necessary expenses incurred in carrying out the

duties of the Commission.

(d) STAFF AND ETHICAL STANDARDS.—

(1) STAFF.—The chairman and vice chairman of the

Commission may jointly appoint and fix the compensation of

staff as they deem necessary, within the guidelines for

employees of the Senate and following all applicable rules and

employment requirements of the Senate.

(2) ETHICAL STANDARDS.—Members of the Commission who serve in the House of Representatives shall be governed by

the ethics rules and requirements of the House. Members of

the Senate who serve on the Commission and staff of the

Commission shall comply with the ethics rules of the Senate.

(e) POWERS.—

(1) HEARINGS AND OTHER ACTIVITIES.—For the purpose of

carrying out its duties, the Commission may hold such hearings…”

Sec. 644. Consumer Operated and Oriented Plan program contingency fund.
That's about all the time we have to cover Medicare and other health care provisions and extensions of Act H. R. 8 at this time.







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