I
107TH CONGRESS
2D SESSION
H. R. 4961
To establish a National Bipartisan Commission on the Future of Medicaid.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 2002
Mr. TAUZIN introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To establish a National Bipartisan Commission on the
Future of Medicaid.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE 
IX—MEDICAID, 
PUBLIC
HEALTH, AND OTHER HEALTH
PROVISIONS
Subtitle A—Medicaid Provisions
SEC. 901. NATIONAL BIPARTISAN COMMISSION ON THE FU-
TURE OF MEDICAID.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the National Bipartisan Commis-
sion on the Future of Medicaid (in this section referred
to as the ‘‘Commission’’).
(b) DUTIES OF THE COMMISSION.—The Commission
shall—
(1) review and analyze the long-term financial
condition of the medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.);
(2) identify the factors that are causing, and
the consequences of, increases in costs under the
medicaid program, including—
(A) the impact of these cost increases upon
State budgets, funding for other State pro-
grams, and levels of State taxes necessary to
fund growing expenditures under the medicaid
program;
(B) the financial obligations of the Federal
government arising from the Federal matching
requirement for expenditures under the med-
icaid program; and
(C) the size and scope of the current pro-
gram and how the program has evolved over
time;
(3) analyze potential policies that will ensure
both the financial integrity of the medicaid program
facturer rebates and the ability of pharmacy benefit
managers to lower drug costs;
(8) review and analyze such other matters relat-
ing to the medicaid program as the Commission
deems appropriate; and
(9) analyze the impact of impending demo-
graphic changes upon medicaid benefits, including
long term care services, and make recommendations
for how best to appropriately divide State and Fed-
eral responsibilities for funding these benefits.
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 17 members, of
whom—
(A) four shall be appointed by the Presi-
dent;
(B) six shall be appointed by the Majority
Leader of the Senate, in consultation with the
Minority Leader of the Senate, of whom not
more than 4 shall be of the same political party;
(C) six shall be appointed by the Speaker
of the House of Representatives, in consultation
with the Minority Leader of the House of Rep-
resentatives, of whom not more than 4 shall be
of the same political party; and
(D) one, who shall serve as Chairman of
the Commission, appointed jointly by the Presi-
dent, Majority Leader of the Senate, and the
Speaker of the House of Representatives.
(2) DEADLINE FOR APPOINTMENT.—Members
of the Commission shall be appointed by not later
than December 1, 2002.
(3) TERMS
OF
APPOINTMENT.—The term of
any appointment under paragraph (1) to the Com-
mission shall be for the life of the Commission.
(4) MEETINGS.—The Commission shall meet at
the call of its Chairman or a majority of its mem-
bers.
(5) QUORUM.—A quorum shall consist of 8
members of the Commission, except that 4 members
may conduct a hearing under subsection (e).
(6) VACANCIES.—A vacancy on the Commission
shall be filled in the same manner in which the origi-
nal appointment was made not later than 30 days
after the Commission is given notice of the vacancy
and shall not affect the power of the remaining
members to execute the duties of the Commission.
(7) COMPENSATION.—Members of the Commis-
sion shall receive no additional pay, allowances, or
benefits by reason of their service on the Commis-
sion.
(8) EXPENSES.—Each member of the Commis-
sion shall receive travel expenses and per diem in
lieu of subsistence in accordance with sections 5702
and 5703 of title 5, United States Code.
(d) STAFF AND SUPPORT SERVICES.—
(1) EXECUTIVE DIRECTOR.—
(A) APPOINTMENT.—The Chairman shall
appoint an executive director of the Commis-
sion.
(B) COMPENSATION.—The executive direc-
tor shall be paid the rate of basic pay for level
V of the Executive Schedule.
(2) STAFF.—With the approval of the Commis-
sion, the executive director may appoint such per-
sonnel as the executive director considers appro-
priate.
(3) APPLICABILITY OF CIVIL SERVICE LAWS.—
The staff of the Commission shall be appointed with-
out regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service, and shall be paid without regard to the pro-
visions of chapter 51 and subchapter III of chapter
53 of such title (relating to classification and Gen-
eral Schedule pay rates).
(4) EXPERTS
AND
CONSULTANTS.—With the
approval of the Commission, the executive director
may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(5) PHYSICAL FACILITIES.—The Administrator
of the General Services Administration shall locate
suitable office space for the operation of the Com-
mission. The facilities shall serve as the head-
quarters of the Commission and shall include all
necessary equipment and incidentals required for the
proper functioning of the Commission.
(e) POWERS OF COMMISSION.—
(1) HEARINGS
AND
OTHER
ACTIVITIES.—For
the purpose of carrying out its duties, the Commis-
sion may hold such hearings and undertake such
other activities as the Commission determines to be
necessary to carry out its duties.
(2) STUDIES BY GAO.—Upon the request of the
Commission, the Comptroller General shall conduct
such studies or investigations as the Commission de-
termines to be necessary to carry out its duties.
(3) COST
ESTIMATES
BY
CONGRESSIONAL
BUDGET OFFICE AND OFFICE OF THE CHIEF ACTU-
ARY OF HCFA.—
(A) The Director of the Congressional
Budget Office or the Chief Actuary of the Cen-
ters for Medicare & Medicaid Services, or both,
shall provide to the Commission, upon the re-
quest of the Commission, such cost estimates as
the Commission determines to be necessary to
carry out its duties.
(B) The Commission shall reimburse the
Director of the Congressional Budget Office for
expenses relating to the employment in the of-
fice of the Director of such additional staff as
may be necessary for the Director to comply
with requests by the Commission under sub-
paragraph (A).
(4) DETAIL OF FEDERAL EMPLOYEES.—Upon
the request of the Commission, the head of any Fed-
eral agency is authorized to detail, without reim-
bursement, any of the personnel of such agency to
the Commission to assist the Commission in car-
rying out its duties. Any such detail shall not inter-
rupt or otherwise affect the civil service status or
privileges of the Federal employee.
(5) TECHNICAL
ASSISTANCE.—Upon the re-
quest of the Commission, the head of a Federal
agency shall provide such technical assistance to the
Commission as the Commission determines to be
necessary to carry out its duties.
(6) USE OF MAILS.—The Commission may use
the United States mails in the same manner and
under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a
commission of Congress as described in section 3215
of title 39, United States Code.
(7) OBTAINING
INFORMATION.—The Commis-
sion may secure directly from any Federal agency
information necessary to enable it to carry out its
duties, if the information may be disclosed under
section 552 of title 5, United States Code. Upon re-
quest of the Chairman of the Commission, the head
of such agency shall furnish such information to the
Commission.
(8) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission on a reimbursable basis such administrative
support services as the Commission may request.