H. R. 1—330
(2) MONITORING ACCURACY.—
(A) STUDY.—The Comptroller General of the United
States shall conduct a study to monitor the accuracy and
consistency of information provided to individuals entitled
to benefits under part A or enrolled under part B, or
both, through the toll-free telephone number 1–800–MEDI-
CARE, including an assessment of whether the information
provided is sufficient to answer questions of such individ-
uals. In conducting the study, the Comptroller General
shall examine the education and training of the individuals
providing information through such number.
(B) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a report on the study conducted under
subparagraph (A).
SEC. 924. BENEFICIARY OUTREACH DEMONSTRATION PROGRAM.
(a) IN GENERAL.—The Secretary shall establish a demonstration
program (in this section referred to as the ‘‘demonstration program’’)
under which medicare specialists employed by the Department of
Health and Human Services provide advice and assistance to
individuals entitled to benefits under part A of title XVIII of the
Social Security Act, or enrolled under part B of such title, or
both, regarding the medicare program at the location of existing
local offices of the Social Security Administration.
(b) LOCATIONS.—
(1) IN GENERAL.—The demonstration program shall be con-
ducted in at least 6 offices or areas. Subject to paragraph
(2), in selecting such offices and areas, the Secretary shall
provide preference for offices with a high volume of visits by
individuals referred to in subsection (a).
(2) ASSISTANCE FOR RURAL BENEFICIARIES.—The Secretary
shall provide for the selection of at least 2 rural areas to
participate in the demonstration program. In conducting the
demonstration program in such rural areas, the Secretary shall
provide for medicare specialists to travel among local offices
in a rural area on a scheduled basis.
(c) DURATION.—The demonstration program shall be conducted
over a 3-year period.
(d) EVALUATION AND REPORT.—
(1) EVALUATION.—The Secretary shall provide for an
evaluation of the demonstration program. Such evaluation shall
include an analysis of—
(A) utilization of, and satisfaction of those individuals
referred to in subsection (a) with, the assistance provided
under the program; and
(B) the cost-effectiveness of providing beneficiary
assistance through out-stationing medicare specialists at
local offices of the Social Security Administration.
(2) REPORT.—The Secretary shall submit to Congress a
report on such evaluation and shall include in such report
recommendations regarding the feasibility of permanently out-
stationing medicare specialists at local offices of the Social
Security Administration.
H. R. 1—331
SEC. 925. INCLUSION OF ADDITIONAL INFORMATION IN NOTICES TO
BENEFICIARIES ABOUT SKILLED NURSING FACILITY
BENEFITS.
(a) IN GENERAL.—The Secretary shall provide that in medicare
beneficiary notices provided (under section 1806(a) of the Social
Security Act, 42 U.S.C. 1395b–7(a)) with respect to the provision
of post-hospital extended care services under part A of title XVIII
of the Social Security Act, there shall be included information
on the number of days of coverage of such services remaining
under such part for the medicare beneficiary and spell of illness
involved.
(b) EFFECTIVE DATE.—Subsection (a) shall apply to notices pro-
vided during calendar quarters beginning more than 6 months
after the date of the enactment of this Act.
SEC. 926. INFORMATION ON MEDICARE-CERTIFIED SKILLED NURSING
FACILITIES IN HOSPITAL DISCHARGE PLANS.
(a) AVAILABILITY OF DATA.—The Secretary shall publicly pro-
vide information that enables hospital discharge planners, medicare
beneficiaries, and the public to identify skilled nursing facilities
that are participating in the medicare program.
(b) INCLUSION
OF INFORMATION
IN CERTAIN HOSPITAL DIS-
CHARGE PLANS.—
(1) 
IN
GENERAL.—Section 
1861(ee)(2)(D) 
(42 
U.S.C.
1395x(ee)(2)(D)) is amended—
(A) by striking ‘‘hospice services’’ and inserting ‘‘hospice
care and post-hospital extended care services’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘and, in the case of individuals who are likely
to need post-hospital extended care services, the avail-
ability of such services through facilities that participate
in the program under this title and that serve the area
in which the patient resides’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply to discharge plans made on or after such date
as the Secretary shall specify, but not later than 6 months
after the date the Secretary provides for availability of informa-
tion under subsection (a).
Subtitle D—Appeals and Recovery
SEC. 931. TRANSFER OF RESPONSIBILITY FOR MEDICARE APPEALS.
(a) TRANSITION PLAN.—
(1) IN GENERAL.—Not later than April 1, 2004, the Commis-
sioner of Social Security and the Secretary shall develop and
transmit to Congress and the Comptroller General of the United
States a plan under which the functions of administrative law
judges responsible for hearing cases under title XVIII of the
Social Security Act (and related provisions in title XI of such
Act) are transferred from the responsibility of the Commissioner
and the Social Security Administration to the Secretary and
the Department of Health and Human Services.
(2) CONTENTS.—The plan shall include information on the
following:
(A) WORKLOAD.—The number of such administrative
law judges and support staff required now and in the
H. R. 1—332
future to hear and decide such cases in a timely manner,
taking into account the current and anticipated claims
volume, appeals, number of beneficiaries, and statutory
changes.
(B) COST PROJECTIONS AND FINANCING.—Funding levels
required for fiscal year 2005 and subsequent fiscal years
to carry out the functions transferred under the plan.
(C) TRANSITION TIMETABLE.—A timetable for the transi-
tion.
(D) REGULATIONS.—The establishment of specific regu-
lations to govern the appeals process.
(E) CASE
TRACKING.—The development of a unified
case tracking system that will facilitate the maintenance
and transfer of case specific data across both the fee-for-
service and managed care components of the medicare pro-
gram.
(F) FEASIBILITY
OF
PRECEDENTIAL
AUTHORITY.—The
feasibility of developing a process to give decisions of the
Departmental Appeals Board in the Department of Health
and Human Services addressing broad legal issues binding,
precedential authority.
(G) ACCESS TO ADMINISTRATIVE LAW JUDGES.—The fea-
sibility of—
(i) filing appeals with administrative law judges
electronically; and
(ii) conducting hearings using tele- or video-con-
ference technologies.
(H) INDEPENDENCE OF ADMINISTRATIVE LAW JUDGES.—
The steps that should be taken to ensure the independence
of administrative law judges consistent with the require-
ments of subsection (b)(2).
(I) GEOGRAPHIC DISTRIBUTION.—The steps that should
be taken to provide for an appropriate geographic distribu-
tion of administrative law judges throughout the United
States to carry out subsection (b)(3).
(J) HIRING.—The steps that should be taken to hire
administrative law judges (and support staff) to carry out
subsection (b)(4).
(K) PERFORMANCE
STANDARDS.—The appropriateness
of establishing performance standards for administrative
law judges with respect to timelines for decisions in cases
under title XVIII of the Social Security Act taking into
account requirements under subsection (b)(2) for the
independence of such judges and consistent with the
applicable provisions of title 5, United States Code relating
to impartiality.
(L) SHARED
RESOURCES.—The steps that should be
taken to carry out subsection (b)(6) (relating to the arrange-
ments with the Commissioner of Social Security to share
office space, support staff, and other resources, with appro-
priate reimbursement).
(M) TRAINING.—The training that should be provided
to administrative law judges with respect to laws and regu-
lations under title XVIII of the Social Security Act.
(3) ADDITIONAL INFORMATION.—The plan may also include
recommendations for further congressional action, including
modifications to the requirements and deadlines established
H. R. 1—333
under section 1869 of the Social Security Act (42 U.S.C. 1395ff)
(as amended by this Act).
(4) GAO EVALUATION.—The Comptroller General of the
United States shall evaluate the plan and, not later than the
date that is 6 months after the date on which the plan is
received by the Comptroller General, shall submit to Congress
a report on such evaluation.
(b) TRANSFER OF ADJUDICATION AUTHORITY.—
(1) IN GENERAL.—Not earlier than July 1, 2005, and not
later than October 1, 2005, the Commissioner of Social Security
and the Secretary shall implement the transition plan under
subsection (a) and transfer the administrative law judge func-
tions described in such subsection from the Social Security
Administration to the Secretary.
(2) ASSURING INDEPENDENCE OF JUDGES.—The Secretary
shall assure the independence of administrative law judges
performing the administrative law judge functions transferred
under paragraph (1) from the Centers for Medicare & Medicaid
Services and its contractors. In order to assure such independ-
ence, the Secretary shall place such judges in an administrative
office that is organizationally and functionally separate from
such Centers. Such judges shall report to, and be under the
general supervision of, the Secretary, but shall not report to,
or be subject to supervision by, another officer of the Depart-
ment of Health and Human Services.
(3) GEOGRAPHIC DISTRIBUTION.—The Secretary shall pro-
vide for an appropriate geographic distribution of administra-
tive law judges performing the administrative law judge func-
tions transferred under paragraph (1) throughout the United
States to ensure timely access to such judges.
(4) HIRING AUTHORITY.—Subject to the amounts provided
in advance in appropriations Acts, the Secretary shall have
authority to hire administrative law judges to hear such cases,
taking into consideration those judges with expertise in han-
dling medicare appeals and in a manner consistent with para-
graph (3), and to hire support staff for such judges.
(5) FINANCING.—Amounts payable under law to the
Commissioner for administrative law judges performing the
administrative law judge functions transferred under paragraph
(1) from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund shall
become payable to the Secretary for the functions so trans-
ferred.
(6) SHARED RESOURCES.—The Secretary shall enter into
such arrangements with the Commissioner as may be appro-
priate with respect to transferred functions of administrative
law judges to share office space, support staff, and other
resources, with appropriate reimbursement from the Trust
Funds described in paragraph (5).
(c) INCREASED
FINANCIAL
SUPPORT.—In addition to any
amounts otherwise appropriated, to ensure timely action on appeals
before administrative law judges and the Departmental Appeals
Board consistent with section 1869 of the Social Security Act (42
U.S.C. 1395ff) (as amended by this Act), there are authorized to
be appropriated (in appropriate part from the Federal Hospital
Insurance Trust Fund, established under section 1817 of the Social
Security Act (42 U.S.C. 1395i), and the Federal Supplementary