I
104TH CONGRESS
2D SESSION
H. R. 3678
To extend the Medicare waiver of liability provisions for home health agencies,
hospice programs, and skilled nursing facilities.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1996
Mr. JACOBS (for himself, Mr. PORTMAN, Mr. CARDIN, Mrs. JOHNSON of Con-
necticut, Mr. DEDERMOTT, Mr. English of Pennsylvania, Mr. COYNE,
Mr. BUNNING of Kentucky, Mr. ALBERCOMBIE, Mr. STUPAK, Mr.
BALDACCI, Ms. NORTON, and Mr. EHLERS) introduced the following bill;
which was referred to the Committee on Ways and Means
A BILL
To extend the Medicare waiver of liability provisions for
home health agencies, hospice programs, and skilled
nursing facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF WAIVER OF PRESUMPTION OF
LACK OF KNOWLEDGE OF EXCLUSION FROM
COVERAGE FOR HOME HEALTH AGENCIES
AND HOSPICE PROGRAMS.
(a) HOME HEALTH AGENCIES.—
(1) Section 9305(g)(3) of Omnibus Budget Rec-
onciliation Act of 1986, as amended by section
426(d) of the Medicare Catastrophic Coverage Act
of 1988 and section 4207(b)(3) of the Omnibus
Budget Reconciliation Act of 1990 (as renumbered
by section 160(d)(4) of the Social Security Act
Amendments of 1994), is amended by striking ‘‘De-
cember 31, 1995’’ and inserting ‘‘the effective date
of a prospective payment system for payment for
home health services under title XVIII of the Social
Security Act’’.
(2) The second sentence of section 9205 of the
Consolidated Omnibus Budget Reconciliation Act of
1985, as amended by section 426(d) of the Medicare
Catastrophic Coverage Act of 1988 and section
158(b)(1) of the Social Security Act Amendments of
1994, is amended by striking ‘‘December 31, 1995’’
and inserting ‘‘the effective date of a prospective
payment system for payment for home health serv-
ices under title XVIII of the Social Security Act’’.
(b) HOSPICE PROGRAMS.—
(1) Section 9305(f)(2) of the Omnibus Budget
Reconciliation Act of 1986, as amended by section
426(a) of the Medicare Catastrophic Coverage Act of
1988 and by section 4008(a)(2) of the Omnibus
Budget Reconciliation Act of 1990, is amended by
striking ‘‘and before December 31, 1995’’.
(2) Section 1879 of the Social Security Act (42
U.S.C. 1395pp) is amended—
(A) in subsections (a) and (c), by inserting
‘‘or (i)’’ after ‘‘subsection (g)’’ each place it ap-
pears; and
(B) by adding at the end the following new
subsection:
‘‘(i) The coverage denial described in this subsection
is, with respect to the provision of hospice care to an indi-
vidual, a failure to meet the requirements of section
1814(a)(7)(A) in that the individual is not terminally ill
(as defined in section 1861(dd)(3)(A)).’’.
(c) SKILLED NURSING FACILITIES.—Section 9126(c)
of the Consolidated Omnibus Budget Reconciliation Act
of 1985, as amended by section 426(b) of the Medicare
Catastrophic Coverage Act of 1988 and section 4008(a)(1)
of the Omnibus Budget Reconciliation Act of 1990, is
amended by striking ‘‘December 31, 1995’’ and inserting
‘‘the effective date of a prospective payment system for
payment for extended care services under title XVIII of
the Social Security Act’’.
(d) EFFECTIVE DATE.—
(1) The amendments made by this section
(other than subsection (b)(2)) shall be effective as of
December 31, 1995.
(2) The amendments made by subsection (b)(2)
shall be effective for hospice care furnished on or
after July 1, 1996.
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