I
105TH CONGRESS
2D SESSION
H. R. 3137
To amend section 4615 of the Balanced Budget Act of 1997 to delay for
18 months the prohibition of payment under the Medicare Program
for home health services consisting of venipuncture solely for the purpose
of obtaining a blood sample and to require submission of a report
on the impact of implementing such section.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1998
Mr. ADERHOLT (for himself, Mr. RAHALL, Mr. RILEY, Mr. BACHUS, Mr.
LAHOOD, Mr. TANNER, Mr. JENKINS, Mr. CRAMER, and Mr. BOUCHER)
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 com-
mittee concerned
A BILL
To amend section 4615 of the Balanced Budget Act of
1997 to delay for 18 months the prohibition of payment
under the Medicare Program for home health services
consisting of venipuncture solely for the purpose of ob-
taining a blood sample and to require submission of
a report on the impact of implementing such section.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Medicare Venipuncture
Seniors Protection Act of 1998’’.
SEC. 2. 18-MONTH DELAY ON PROHIBITION ON PAYMENT
FOR HOME HEALTH SERVICES SOLELY FOR
PURPOSES OF OBTAINING A BLOOD SAMPLE.
Effective as if included in the enactment of the Bal-
anced Budget Act of 1997 (Public Law 105–33), section
4615(b) of such Act (111 Stat. 475) is amended by strik-
ing ‘‘shall apply to home health services furnished after
the 6-month period beginning after the date of enactment
of this Act’’ and inserting ‘‘shall apply to home health
services furnished on and after August 5, 1999’’.
SEC. 3. REPORT TO CONGRESS ON MEDICARE HOME
HEALTH BENEFITS BASED SOLELY ON DRAW-
ING BLOOD.
(a) STUDY.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall conduct a study with respect
to the provision of home health services consisting of
venipuncture under the medicare program under
title XVIII of the Social Security Act.
(2) DETAILS.—In conducting such study, the
Secretary determine the following, using the most
recent data available:
(A) The number of beneficiaries who are
provided benefits for home health services
under the medicare program.
(B) Of such beneficiaries—
(i) the number of beneficiaries who
are provided benefits for home health serv-
ices that include venipuncture, and
(ii) the number of beneficiaries who
are provided benefits for home health serv-
ices and who qualify for such services on
the basis that the only qualifying skill is
the need for venipuncture solely for the
purpose of obtaining a blood sample.
(C) The average expenditures, per home
health visit under such program, for each of the
group of beneficiaries described in clause (i)
and clause (ii) of subparagraph (B).
(D) The aggregate annual expenditures
under the medicare program for benefits for
home health services for each of the groups of
beneficiaries described in such clauses and the
proportion of such expenditures that may be at-
tributable to fraud and abuse in the provision
of (or billing for) such services.
(E) The aggregate reduction in annual ex-
penditures under the medicare program that is
estimated to result from the implementation of
section 4615 of the Balanced Budget Act of
1997, taking into account alternative means by
which beneficiaries described in subparagraph
(B)(ii) may subsequently be able to qualify for
home health benefits.
(F) The aggregate annual increase in costs
to medicare beneficiaries and to States (through
increased use of personal care services, nursing
facility services, and other services under the
medicaid and other programs) that is estimated
to result from the implementation of such sec-
tion.
(3) DATA
ON
BENEFICIARIES
RESIDING
IN
RURAL AREAS.—In conducting such study, such Sec-
retary, to the extent practicable, shall make the de-
terminations under paragraph (2) separately for
beneficiaries residing in rural areas.
(b) REPORT.—Not later than February 5, 1999, the
Secretary shall submit to Congress a report on the study
conducted under subsection (a). The report shall include
the determinations described in subsections (a)(2) and
(a)(3) and a separate analysis of the impact of the imple-