I
107TH CONGRESS
1ST SESSION
H. R. 3270
To amend title XVIII of the Social Security Act to remove the 20 percent
inpatient limitation under the Medicare Program on the proportion of
hospice care that certain rural hospice programs may provide.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 2001
Mr. WICKER introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to remove
the 20 percent inpatient limitation under the Medicare
Program on the proportion of hospice care that certain
rural hospice programs may provide.
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 ‘‘Rural Communities
Hospice Care Access Improvement Act of 2001’’.
SEC. 2. EXCEPTION TO MEDICARE 20 PERCENT INPATIENT
CARE LIMITATION FOR CERTAIN RURAL HOS-
PICE PROGRAMS.
(a) IN GENERAL.—Section 1861(dd) of the Social Se-
curity Act (42 U.S.C. 1395x(dd)) is amended—
(1) in paragraph (2)(A)(iii), by inserting ‘‘sub-
ject to paragraph (6),’’ after ‘‘(iii)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(6) The requirement of paragraph (2)(A)(iii) (relat-
ing to a limitation on proportion of hospice care provided
in an inpatient setting) shall not apply in the case of a
hospice program that meets the following requirements:
‘‘(A) The hospice program is a non-profit orga-
nization, provides a residence for individuals who do
not have a primary caregiver available at home, is
located in a rural area (as defined in section
1886(d)(2)(D)), is not certified for purposes of this
title to provide other than hospice care, and is not
affiliated with any organization that provides a type
of care other than hospice care.
‘‘(B) The residence has not more than 20 beds.
‘‘(C) The residence offers all other categories of
hospice care, including continuous home care, respite
care, and general patient care, for individuals who
qualify to receive such care.’’.
(b) MAINTAINING PAYMENT RATES FOR ROUTINE
CARE.—Section 1814(a) of such Act (42 U.S.C. 1395f(a))
is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3)(A) With respect to a care provided under a hos-
pice program described in section 1861(dd)(6) that meets
the requirements of that section, payment for routine care
and other services included in hospice care furnished
under such program shall be made at the rate applicable
under this subsection for routine home care and other
services included in hospice care.
‘‘(B) For purposes of determining payment amounts
under subparagraph (A) with respect to routine and con-
tinuous 
care, 
the 
residence 
described 
in 
section
1861(dd)(6) is deemed to be the home of the individual
receiving hospice care.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to hospice care provided on or after
the date of the enactment of this Act.
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