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104TH CONGRESS

2D SESSION H. R. 3004

To amend title XVIII of the Social Security Act to extend the maximum

period permitted between standard surveys of home health agencies and

to expand the scope of ‘‘deemed status’’ and permit recognition of surveys

by national accreditation bodies for providers under the medicare program.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1996

Mrs. LINCOLN (for herself, Mr. TAUZIN, Mr. POSHARD, Mr. HUTCHINSON,

and Mr. MINGE) introduced the following bill; which was referred to the

Committee on Ways and Means, and in addition to the Committee on

Commerce, 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 extend

the maximum period permitted between standard surveys

of home health agencies and to expand the scope of

‘‘deemed status’’ and permit recognition of surveys by

national accreditation bodies for providers under the

medicare program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. CHANGE IN INTERVALS BETWEEN STANDARD

2 SURVEYS FOR HOME HEALTH AGENCIES

3 UNDER THE MEDICARE PROGRAM.

4 Section 1891(c)(2)(A) of the Social Security Act (42

5 U.S.C. 1395bbb(c)(2)(A)) is amended—

6 (1) by striking ‘‘15 months’’ and inserting ‘‘36

7 months’’, and

8 (2) by amending the second sentence to read as

9 follows: ‘‘The Secretary shall establish statewide av10 erage intervals between standard surveys that are

11 consistent with the previous sentence and the need

12 to assure the delivery of quality home health serv13 ices.’’.

14 SEC. 2. EXPANSION OF ‘‘DEEMED STATUS’’ AND RECOGNI15 TION OF SURVEYS BY NATIONAL ACCREDITA16 TION BODIES FOR PROVIDERS UNDER THE

17 MEDICARE PROGRAM.

18 (a) DEEMED STATUS.—

19 (1) IN GENERAL.—Section 1865(a) of the So20 cial Security Act (42 U.S.C. 1395bb(a)) is amend21 ed—

22 (A) in the third sentence—

23 (i) by striking ‘‘of section

24 1832(a)(2)(F)(i)’’ and all that follows

25 through ‘‘deems it appropriate’’ and insert-
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1 ing ‘‘or requirements of this title are met,

2 the Secretary shall’’, and

3 (ii) by striking ‘‘the condition or con4 ditions’’ and inserting ‘‘any condition or

5 requirement’’; and

6 (B) by inserting after the third sentence

7 the following: ‘‘The Secretary shall approve or

8 deny a written request for such a finding (and

9 publish notice of such approval or denial) not

10 later than 120 days after the date such a re11 quest (with any documentation necessary to

12 make a determination on the request) is re13 ceived. The Secretary shall provide notice and a

14 period of at least 30 days (during such 120

15 days) for public comment on such a written re16 quest.’’.

17 (2) CONFORMING AMENDMENT.—Section

18 1834(j)(1)(E) of such Act (42 U.S.C.

19 1395m(j)(1)(E)) is amended by inserting ‘‘or as au20 thorized under section 1864(a) or the third sentence

21 of section 1865(a)’’ after ‘‘section 1842’’.

22 (b) RECOGNITION OF SURVEYS OF NATIONAL AC23 CREDITATION BODIES.—Section 1864 of such Act (42

24 U.S.C. 1395aa) is amended by adding at the end the fol25 lowing new subsection:
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1 ‘‘(f)(1) The Secretary shall treat an entity referred

2 to in subsection (a) as meeting the applicable require3 ments or standards described in such subsection if the en4 tity has been determined to meet such requirements or

5 standards by a national accreditation body that deter6 mines compliance with such requirements or standards in

7 a manner that the Secretary finds is comparable to the

8 manner in which a State agency would otherwise deter9 mine compliance with such requirements or standards

10 under an agreement under this section.

11 ‘‘(2) The Secretary shall approve or disapprove a

12 written request for such a finding (and publish notice of

13 such approval or denial) not later than 120 days after the

14 date such a request (with any documentation necessary

15 to make the determination on the request) is received. The

16 Secretary shall provide notice and a period of at least 30

17 days (during such 120 days) for public comment on the

18 request.’’.

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