I 

109TH CONGRESS 

1ST SESSION H. R. 3096 

To amend title XVIII of the Social Security Act to provide for payment 

under the Medicare Program for more frequent hemodialysis treatments. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2005 

Mr. MCDERMOTT (for himself, Ms. HART, Mr. RANGEL, Mr. KIRK, Mr. 

DICKS, Mr. SMITH of Washington, Mr. MCNULTY, Mr. HASTINGS of 

Washington, Mr. SCHIFF, Mr. KILDEE, Mr. GOODLATTE, Mr. LEWIS of 

Georgia, Mr. INSLEE, Ms. JACKSON-LEE of Texas, Ms. BORDALLO, Mr. 

WEXLER, Mr. SANDERS, Mr. OWENS, and Mr. BRADY of Pennsylvania) 

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 provide 

for payment under the Medicare Program for more frequent hemodialysis treatments. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Kidney Patient More 

5 Frequent Dialysis Quality Act of 2005’’. 
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1 SEC. 1. COVERAGE OF MORE FREQUENT HEMODIALYSIS 

2 TREATMENTS. 

3 (a) IN GENERAL.—Section 1881(b) of the Social Se4 curity Act (42 U.S.C. 1395rr(b)) is amended— 

5 (1) in paragraph (12)(B)— 

6 (A) by striking ‘‘and’’ at the end of clause 

7 (i); 

8 (B) by striking the period at the end of 

9 clause (ii) and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 clause: 

12 ‘‘(iii) more frequent hemodialysis furnished to 

13 qualified individuals under paragraph (14).’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(14)(A). Not later than the date that is 1 year after 

17 the date of enactment of this paragraph, the Secretary 

18 shall cause to have published in the Federal Register final 

19 regulations for equivalent per treatment prospective pay20 ment rates for more frequent hemodialysis furnished at 

21 home and furnished in a facility (commonly known as com22 posite ‘Method I’ rates and ‘Method II Cap’ payment 

23 rates), and prospective payment rates for in-facility train24 ing for more frequent hemodialysis. 
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1 ‘‘(B) In developing per treatment prospective pay2 ment rates under subparagraph (A), the Secretary shall 

3 consider— 

4 ‘‘(i) actual reasonable costs of operating more 

5 frequent hemodialysis programs; and 

6 ‘‘(ii) data from the Centers for Medicare & 

7 Medicaid Services on actual expenditures under this 

8 title for more frequent hemodialysis patients, com9 pared to— 

10 ‘‘(I) data on expenditures for the same pa11 tients before those patients underwent more fre12 quent hemodialysis, and 

13 ‘‘(II) data on expenditures for patients un14 dergoing hemodialysis treatment 3 times per 

15 week with similar clinical and demographic 

16 characteristics. 

17 ‘‘(C) Not later than 1 year after the date of enact18 ment of this paragraph, the Secretary shall develop, in 

19 consultation with the renal community, a standard of care 

20 and quality standards for more frequent hemodialysis. The 

21 Secretary shall periodically review and update as necessary 

22 such standards. 

23 ‘‘(D) The Secretary shall collect data with respect 

24 to— 
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1 ‘‘(i) documented savings in expenditures under 

2 this title by reason of more frequent hemodialysis 

3 that are attributable to reduced medications, hos4 pitalizations, outpatient services, and such other fac5 tors as the Secretary determines appropriate; and 

6 ‘‘(ii) the improved quality of care and improved 

7 outcomes more frequent hemodialysis may bring to 

8 patients. 

9 ‘‘(E) In this paragraph: 

10 ‘‘(i) The term ‘more frequent hemodialysis’ 

11 means hemodialysis treatment sessions, or equivalent 

12 therapy requiring blood access, performed 4 or 5 

13 times per week. 

14 ‘‘(ii) The term ‘qualified individual’ means an 

15 individual who, in the clinical judgment of the physi16 cian of the individual, is likely to achieve better clin17 ical outcomes, quality of life outcomes, or both from 

18 more frequent hemodialysis.’’. 

19 (b) CONFORMING AMENDMENTS.—(1) Section 

20 1881(b)(8) of the Social Security Act (42 U.S.C. 

21 1395rr(b)(8)) is amended by inserting ‘‘and more frequent 

22 hemodialysis supplies and equipment’’ after ‘‘home dialy23 sis supplies and equipment’’. 

24 (2) Section 1881(b)(9) of such Act (42 U.S.C. 

25 1395rr(b)(9)) is amended by inserting ‘‘and more frequent 
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1 hemodialysis support services’’ after ‘‘self-care home dialy2 sis support services’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of the enactment 

5 of this Act and shall apply with respect to items and serv6 ices furnished on or after the date that is 1 year after 

7 such date of enactment. 

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