order to comply with the limitation under the pre-
ceding sentence.’’. 
(b) TRANSPARENCY
IN
NOTICE
AND
COMMENT 
RULEMAKING.—In establishing standards and procedures 
under the provisions of, and amendments made by, this 
Act, the Secretary of Health and Human Services (in this 
section referred to as the ‘‘Secretary’’) shall include full 
transparency through notice and comment rulemaking of 
the methodology, assumptions, evidence, and all data used 
in support of proposed payment rates, standards for eligi-
bility and payment for services, provider conditions for 
participation, and any other matter related to the imple-
mentation of such provisions and amendments. 
(c) STAKEHOLDER INPUT.—In establishing any pro-
posed standards and procedures under the provisions of, 
and amendments made by, this Act, the Secretary shall 
solicit written input on such proposed standards and pro-
cedures from providers, representatives of providers, Medi-
care beneficiaries, families, and related stakeholder groups 
and consider such input in the development of such stand-
ards and procedures. 
(d) ANNUAL REPORT TO CONGRESS.—For calendar 
year 2022, and each calendar year thereafter, the Sec-
retary shall submit a report to Congress on the coverage 
of home-based extended care services under the Medicare 
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program (42 U.S.C. 1395 et seq.) pursuant to the provi-
sions of, and amendments made by, this Act. Each report 
submitted under this subsection shall include the fol-
lowing: 
(1) The total number of individuals receiving 
such services pursuant to such provisions and 
amendments, including which services such individ-
uals received, how long such individuals received 
such services, and what the average hours were per 
individual, and the total amount of expenditures for 
such services under the Medicare program, including 
an itemization of expenditures associated with home 
health care and in-home support services. 
(2) An analysis of the efficiency and effective-
ness of the processes for discharge planning evalua-
tion 
and 
discharge 
planning 
under 
section 
1861(ee)(2)(I) of the Social Security Act, as added 
by subsection (a)(6), an itemization of the diagnoses, 
treatment protocols, and outcomes of individuals re-
ceiving benefits (including family or other unpaid 
caregivers, as applicable), an evaluation comparing 
clinical outcomes and patient experience for similar 
patients receiving home-based extended care services 
and services in skilled nursing facilities, an evalua-
tion (which shall include audits) of whether home- 
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based extended care services are being appropriately 
targeted to individuals who need and would benefit 
from the scope, level, and duration of such home- 
based extended care services and whether individuals 
receiving such services are receiving the appropriate 
scope, level and duration of care, and the cost effec-
tiveness of furnishing home-based extended care 
services in relation to alternative skilled nursing fa-
cility costs. 
(3) Data by race and ethnicity as it applies to 
eligibility, decision on participation of the bene-
ficiary, utilization rates, and availability of quality 
home health services in defined locales, as well as 
any protocol or changes in practice that were insti-
tuted to address existing inequities. 
(4) Recommendations for such administrative 
or legislative action as the Secretary determines nec-
essary to improve the furnishing of such services. 
(e) PROGRAM INTEGRITY.—The Secretary shall take 
such actions and establish safeguards as are reasonable 
and necessary under existing law to ensure the program 
integrity of the provision of home-based extended care 
services pursuant to the provisions of, and amendments 
made by, this Act. 
(f) IMPLEMENTATION.— 
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(1) ESTABLISHMENT OF STANDARDS AND PRO-
CEDURES.—Not later than July 1, 2021, or as soon 
as practical after enactment of this Act during a 
public health emergency period described in section 
1135(g) of the Social Security Act (42 U.S.C. 
1320b–5(g)), the Secretary shall establish standards 
and procedures related to furnishing home-based ex-
tended care services pursuant to the provisions of, 
and amendments made by, this Act. 
(2) PROVISION
OF
INFORMATION
REGARDING 
THE HOME-BASED EXTENDED CARE SERVICES BEN-
EFIT.—The Secretary shall provide comprehensive 
information to Medicare beneficiaries and other 
stakeholders regarding the establishment and avail-
ability of the home-based extended care services ben-
efit under the Medicare program under title XVIII 
of the Social Security Act (42 U.S.C. 1395 et seq.) 
pursuant to the provisions of, and amendments 
made by, this Act. Such information shall be in ad-
dition to any publication of standards and proce-
dures with respect to such services in the Federal 
Register and Code of Federal Regulations. 
(3) AUTHORIZATION
OF
PAYMENTS
DURING 
PUBLIC
HEALTH
EMERGENCY
PERIOD.—Notwith-
standing any other provision of law, the Secretary is 
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authorized to make payments for home-based ex-
tended care services as described in section 1895(f) 
of the Social Security Act, as added by subsection 
(a)(8), for such services furnished prior to 2022 dur-
ing any period in which there exists such a public 
health emergency period. 
Æ 
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