IV 

116TH CONGRESS 

1ST SESSION H. CON. RES. 63 

Expressing the sense of Congress that the Centers for Medicare & Medicaid 

Services should take action to ensure that home infusion therapy services 

are accessible to all Medicare beneficiaries. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2019 

Mr. ENGEL submitted the following concurrent resolution; 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 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that the Centers for Medicare & Medicaid Services should take action to ensure 

that home infusion therapy services are accessible to 

all Medicare beneficiaries. 

Whereas home infusion therapy services allow patients with 

congestive heart failure, immunologic diseases, cancer, 

and other conditions to remain home, away from the risk 

of hospital-acquired infections, where patients can resume 

their personal and professional activities; 

Whereas home infusion therapy services are an extension of 

the health care continuum and serve as a safe, convenient, cost-effective alternative for patients to be adminisVerDate Sep 11 2014 02:22 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC63.IH HC63

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•HCON 63 IH 

tered infusion drugs when other settings are unnecessary, 

impractical, or unavailable; when transport outside the 

home is a burden to the patient or family; or when administration of infusion drugs at home can improve quality of life; 

Whereas the Government Accountability Office concluded in 

a 2010 report that ‘‘providing infusion therapy at home 

generally costs less than treatment in other settings’’; 

Whereas the 21st Century Cures Act created a home infusion 

therapy services benefit, beginning in 2021, under the 

Medicare program under title XVIII of the Social Security Act to ensure that Medicare beneficiaries continue to 

have access to home infusion therapy services; 

Whereas the Bipartisan Budget Act of 2018 included a provision to provide for temporary transitional payments for 

home infusion therapy services in 2019 and 2020, and 

the Congressional Budget Office projected that such provision would save $910,000,000 from 2018 through 

2022; 

Whereas Congress intended for the Medicare program to provide payments for all home infusion therapy services provided in accordance with a Medicare beneficiary’s plan of 

care, including pharmacy services (including administrative, compounding, dispensing, distribution, clinical monitoring, and care coordination services), nursing services, 

and other services as required by the plan of care; 

Whereas such payments for home infusion therapy services 

were intended to be separate from, and in addition to, 

payments under the Medicare program for durable medical equipment, which cover the costs of equipment and 

supplies necessary to administer home infusion drugs but 


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are not adequate to cover the costs of professional services furnished to administer such drugs; 

Whereas Congress intended for the Medicare program to provide, with respect to a Medicare beneficiary, payments for 

each infusion drug administration calendar day of such 

beneficiary, that is, each day a home infusion drug physically enters such beneficiary’s body; 

Whereas neither the 21st Century Cures Act nor the Bipartisan Budget Act of 2018 instructed the Centers for 

Medicare & Medicaid Services to make payments only for 

days on which a skilled professional is physically present 

in a Medicare beneficiary’s home; 

Whereas the Centers for Medicare & Medicaid Services has 

implemented both statutes in direct contradiction of the 

plain meaning of such statutes, as well as Congress’ explicit intent; and 

Whereas clarification of Congress’ intent regarding the implementation of the 21st Century Cures Act and the Bipartisan Budget Act of 2018, ensuring payments for each 

infusion drug administration calendar day, is necessary 

to protect Medicare beneficiaries’ access to home infusion 

therapy services: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that the Cen3 ters for Medicare & Medicaid Services should promulgate 

4 regulations that define an infusion drug administration 

5 calendar day to mean, with respect to a Medicare bene6 ficiary, any day on which a home infusion drug physically 

7 enters such beneficiary’s body. Such regulations should 


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1 not limit the definition to days on which a skilled profes2 sional is physically present in such a beneficiary’s home. 

Æ 


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