I

106TH CONGRESS

1ST SESSION H. R. 2246

To amend the Balanced Budget Act of 1997 to prohibit the Secretary of

Health and Human Services to require the collection of data from home

health agencies furnishing services under the Medicare Program under

the OASIS data collection program from non-Medicare patients, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 16, 1999

Mr. RYUN of Kansas (for himself, Mr. MORAN of Kansas, Mr. TIAHRT, Mr.

NETHERCUTT, Mr. STEARNS, Mr. HOEKSTRA, Mr. RAHALL, Mr.

HOSTETTLER, Mr. PETERSON of Pennsylvania, Ms. MILLENDER-MCDONALD, Mr. KOLBE, Mr. PAUL, Mrs. MYRICK, Mr. BARRETT of Nebraska,

and Mr. MARKEY) 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 the Balanced Budget Act of 1997 to prohibit

the Secretary of Health and Human Services to require

the collection of data from home health agencies furnishing services under the Medicare Program under the

OASIS data collection program from non-Medicare patients, and for other purposes.

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. SHORT TITLE.

2 This Act may be cited as the ‘‘Medicare Home Health

3 Care Relief Act of 1999’’.

4 SEC. 2. LIMITATION ON OASIS DATA COLLECTION TO MEDI5 CARE PATIENT DATA.

6 (a) IN GENERAL.—Effective as if included in the en7 actment of the Balanced Budget Act of 1997 (Public Law

8 105–33), section 4602(e) of such Act (42 U.S.C. 1395fff

9 note) is amended by adding at the end the following new

10 sentence: ‘‘Notwithstanding any provision of section 1891

11 of the Social Security Act (42 U.S.C. 1395bbb) to the con12 trary, the Secretary may only require the submission of

13 additional information under this subsection with respect

14 to individuals who are entitled to benefits under part A,

15 or enrolled under part B, or both, of title XVIII of such

16 Act.’’.

17 (b) REPORT TO CONGRESS.—By not later than Octo18 ber 1, 2001, the Secretary of Health and Human Services

19 shall submit to Congress a report on the collection of data

20 from home health agencies on patients of the agencies that

21 includes the following:

22 (1) Recommendations for such legislative and

23 administrative actions that the Secretary determines

24 is appropriate with respect to the collection of infor25 mation by the Secretary from medicare home health
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1 agencies on patients of such agencies that are not

2 medicare beneficiaries.

3 (2) A determination of whether the integrity of

4 data collected pursuant to the Outcome and Assess5 ment Information Set (OASIS) is affected by the

6 personal nature of the questions posed by reason of

7 such set.

8 (3) With respect to the comprehensive assess9 ment of patients, a determination of whether the in10 tegrity of the data collected would be improved by

11 providing additional time for the completion of the

12 comprehensive assessment and the update of the

13 comprehensive assessment.

14 (c) DEFINITIONS.—In this section:

15 (1) COMPREHENSIVE ASSESSMENT OF PA16 TIENTS.—The term ‘‘comprehensive assessment of

17 patients’’ means the rule published by the Health

18 Care Financing Administration in the Federal Reg19 ister on January 25, 1999 (64 FR 3784), that re20 quires, as a condition of participation in the medi21 care program, a home health agency to provide a pa22 tient-specific comprehensive assessment that accu23 rately reflects the patient’s current status and that

24 incorporates the Outcome and Assessment Informa-
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1 tion Set (OASIS), under section 484.55 of title 42

2 of the Code of Federal Regulations.

3 (2) COMPLETION OF THE COMPREHENSIVE AS4 SESSMENT.—The term ‘‘completion of the com5 prehensive assessment’’ means the standard for the

6 completion of the comprehensive assessment pro7 vided under subsection (b) of such section.

8 (3) UPDATE OF THE COMPREHENSIVE ASSESS9 MENT.—The term ‘‘update of the comprehensive as10 sessment’’ means the standard for an update of the

11 comprehensive assessment provided under subsection

12 (d) of such section.

13 (4) OUTCOME AND ASSESSMENT INFORMATION

14 SET.—The term ‘‘Outcome and Assessment Infor15 mation Set’’ means the standard provided under

16 subsection (e) of such section, relating to data items

17 that must be used in conducting a comprehensive as18 sessment of patients.

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