I 
112TH CONGRESS 
2D SESSION 
H. R. 6466 
To amend title XVIII of the Social Security Act to exempt certain hospice 
programs from the limitation applicable to payments for hospice care 
under the Medicare program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2012 
Mr. KISSELL introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend title XVIII of the Social Security Act to exempt 
certain hospice programs from the limitation applicable 
to payments for hospice care under the Medicare pro-
gram, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXCEPTION TO MEDICARE HOSPICE PAYMENT 
CAPS FOR CERTAIN MINORITY OWNED HOS-
PICES. 
(a) IN GENERAL.—Section 1814(i)(2) of the Social 
Security Act (42 U.S.C. 1395f(i)(2)) is amended— 
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(1) in subparagraph (A), by striking ‘‘The 
amount of payment’’ and inserting ‘‘Subject to sub-
paragraph (E), the amount of payment’’; and 
(2) by adding at the end the following: 
‘‘(E) Subparagraph (A) shall not apply with re-
spect to hospice care furnished on or after November 
1, 2004, by (or under arrangements made by) a 
qualified hospice program.’’. 
(b) 
QUALIFIED
HOSPICE
PROGRAMS.—Section 
1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) 
is amended by adding at the end the following: 
‘‘(8) For purposes of paragraph (2)(E): 
‘‘(A) The term ‘qualified hospice program’ 
means, with respect to an accounting year, a 
hospice program— 
‘‘(i) for which at least 50 percent of 
the shares of common stock for such pro-
gram are owned by a specified individual 
or group of specified individuals; and 
‘‘(ii) for which at least 75 percent of 
the individuals making an election under 
subsection (d) with respect to such pro-
gram reside in a county or parish that— 
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‘‘(I) has a population that is 
more than 50 percent specified indi-
viduals; or 
‘‘(II) for which the average per 
capita income is in the lowest quantile 
of countries in the State in which the 
hospice program is located, ranked by 
average per capita income. 
‘‘(B) The term ‘specified individual’ means 
an individual that self-identifies as being Afri-
can-American, American Indian, Asian-Amer-
ican, or Latin-American. 
‘‘(C) The term ‘American Indian’ includes 
an individual who is of a tribe, people, or cul-
ture that is indigenous to the United States, in-
cluding individuals who are eligible for member-
ship in an Indian tribe (as such term is defined 
in section 4 of the Indian Health Care Improve-
ment Act).’’. 
(c) RECALCULATION OF PAYMENT AMOUNTS FOR 
CERTAIN YEARS.—If the Secretary of Health and Human 
Services applied the limitation on payment under section 
1814(i)(2)(A) of the Social Security Act (42 U.S.C. 
1395f(i)(2)(A)), as in effect before the date of enactment 
of this Act, with respect to hospice care that was furnished 
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during the period beginning on November 1, 2004, and 
ending on the date of enactment of this Act by (or under 
arrangements made by) a qualified hospice program (as 
defined in section 1814(i)(8) of such Act, as added by sub-
section (b)), the Secretary shall— 
(1) recalculate the amount payable under part 
A of title XVIII of the Social Security Act (42 
U.S.C. 1395c et seq.) for such services, after appli-
cation of subparagraph (E) of section 1814(i)(2) of 
such Act (as added by subsection (a)); and 
(2) take such measures as are necessary to rec-
oncile payments made under such part for such serv-
ices and period accordingly. 
Æ 
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