I
107TH CONGRESS
1ST SESSION
H. R. 1759
To amend title XVIII of the Social Security Act to provide for payment
under the Medicare Program for more frequent hemodialysis treatments.
IN THE HOUSE OF REPRESENTATIVES
MAY 8, 2001
Mr. MCDERMOTT (for himself and Ms. DUNN of Washington) introduced the
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend title XVIII of the Social Security Act to provide
for payment under the Medicare Program for more fre-
quent hemodialysis treatments.
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 ‘‘Kidney Patient Daily
Dialysis Quality Act of 2001’’.
SEC. 2. COVERAGE OF MORE FREQUENT HEMODIALYSIS
TREATMENTS.
(a) IN GENERAL.—Section 1881(b) of the Social Se-
curity Act (42 U.S.C. 1395rr(b)) is amended—
(1) in the first sentence of paragraph (7), by
inserting before the period the following: ‘‘, including
payment for more frequent hemodialysis furnished to
qualified individuals under paragraph (12)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(12)(A)(i) Not later than the date that is 1 year
after the date of enactment of this paragraph, the Sec-
retary shall cause to have published in the Federal Reg-
ister final regulations for equivalent per treatment pro-
spective payment rates for more frequent hemodialysis
furnished at home and furnished in a facility (commonly
known as composite ‘Method I’ rates and ‘Method II Cap’
payment rates), and prospective payment rates for in-facil-
ity training for more frequent hemodialysis.
‘‘(ii) For the year beginning more than 12 months
after the date described in clause (i), and for each subse-
quent year, the Secretary shall provide for an appropriate
update to the per treatment prospective payment rates de-
veloped under clause (i).
‘‘(B) In developing per treatment prospective pay-
ment rates under subparagraph (A), the Secretary shall
consider—
‘‘(i) actual reasonable costs of operating more
frequent hemodialysis programs; and
‘‘(ii) data from the Health Care Financing Ad-
ministration on actual expenditures under this title
for more frequent hemodialysis patients, compared
to—
‘‘(I) data on expenditures for the same pa-
tients before those patients underwent more fre-
quent hemodialysis, and
‘‘(II) data on expenditures for patients un-
dergoing hemodialysis treatment 3 times per
week with similar clinical and demographic
characteristics.
‘‘(C) Not later than 1 year after the date of enact-
ment of this paragraph, the Secretary shall develop, in
consultation with the renal community, a standard of care
and quality standards for more frequent hemodialysis. The
Secretary shall periodically review and update as necessary
such standards.
‘‘(D) The Secretary shall collect data with respect
to—
‘‘(i) documented savings in expenditures under
this title by reason of more frequent hemodialysis
that are attributable to reduced medications, hos-
pitalizations, outpatient services, and such other fac-
tors as the Secretary determines appropriate; and
‘‘(ii) the improved quality of care and improved
outcomes more frequent hemodialysis may bring to
patients.
‘‘(E) In this paragraph:
‘‘(i) The term ‘more frequent hemodialysis’
means hemodialysis treatment sessions, or equivalent
therapy requiring blood access, performed at least 5
times per week.
‘‘(ii) The term ‘qualified individual’ means an
individual who, in the clinical judgment of the physi-
cian of the individual, is likely to achieve better clin-
ical outcomes, quality of life outcomes, or both from
more frequent hemodialysis.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
1881(b)(8) of the Social Security Act (42 U.S.C.
1395rr(b)(8)) is amended by inserting ‘‘and more frequent
hemodialysis supplies and equipment’’ after ‘‘home dialy-
sis supplies and equipment’’.
(2) Section 1881(b)(9) of such Act (42 U.S.C.
1395rr(b)(9)) is amended by inserting ‘‘and more frequent
hemodialysis support services’’ after ‘‘self-care home dialy-
sis support services’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply with respect to items and serv-
ices furnished on or after the date that is 1 year after
such date of enactment.
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