I 
112TH CONGRESS 
1ST SESSION H. R. 2694 
To firewall the Medicare Trusts Funds by restoring to those Trust Funds 
funds transferred by the Patient Protection and Affordable Care Act. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2011 
Mr. CULBERSON (for himself, Mr. POE of Texas, Mrs. BLACKBURN, Mr. 
MCKINLEY, Mr. MCCAUL, Mr. PAUL, and Mr. SAM JOHNSON of Texas) 
introduced the following bill; which was referred to the Committee on 
Ways and Means, and in addition to the Committees on Energy and 
Commerce and Rules, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To firewall the Medicare Trusts Funds by restoring to those 
Trust Funds funds transferred by the Patient Protection 
and Affordable Care Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES TO PPACA. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Medicare Firewall Act of 2011’’. 
(b) REFERENCES.—In this Act, the term ‘‘PPACA’’ 
means the Patient Protection and Affordable Care Act 
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(Public Law 111–148), as amended by the Health Care 
and Education Reconciliation Act of 2010 (Public Law 
111–152). 
SEC. 2. DEFUNDING OF CERTAIN PPACA PROVISIONS TO 
RESTORE FUNDING TO MEDICARE TRUST 
FUNDS. 
(a) DEFUNDING NEW DUTIES
FOR CONSENSUS- 
BASED
ENTITIES
AND
MULTI-STAKEHOLDER
GROUP 
INPUT (SECTION 3014(c)).— 
(1) IN GENERAL.—Section 3014(c) of PPACA 
is amended— 
(A) by striking ‘‘through 2014’’ and insert-
ing ‘‘through 2011’’; and 
(B) by striking ‘‘shall remain available 
until expended’’ and inserting ‘‘shall remain 
available through the date of the enactment of 
the Medicare Firewall Act of 2011’’. 
(2) RESTORATION TO MEDICARE TRUST FUNDS 
OF
UNOBLIGATED
AMOUNTS
THAT
WERE
TRANS-
FERRED.—Of the funds transferred under such sec-
tion on or before the date of the enactment of this 
Act, the unobligated balance shall be transferred 
back into the Medicare Trust Fund or Funds from 
which it was transferred. 
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(b) DEFUNDING OF INDEPENDENCE AT HOME DEM-
ONSTRATION PROGRAM (SECTION 3024).— 
(1) IN
GENERAL.—Subsection (h) of section 
1866E of the Social Security Act (42 U.S.C. 
1395cc–5), as inserted by section 3024 of PPACA, 
is amended— 
(A) by striking ‘‘2015’’ and inserting 
‘‘2011’’; and 
(B) by striking ‘‘shall be available until ex-
pended’’ and inserting ‘‘shall be available 
through the date of the enactment of the Medi-
care Firewall Act of 2011’’. 
(2) RESTORATION TO MEDICARE TRUST FUNDS 
OF
UNOBLIGATED
AMOUNTS
THAT
WERE
TRANS-
FERRED.—Of the funds transferred under such sec-
tion 1866D(h) on or before the date of the enact-
ment of this Act, the unobligated balance shall be 
transferred back into the Medicare Trust Fund or 
Funds from which it was transferred. 
(c) DEFUNDING COMMUNITY-BASED CARE TRANSI-
TIONS PROGRAM (SECTION 3026).— 
(1) IN GENERAL.—Section 3026(f) of PPACA 
is amended— 
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(A) by striking ‘‘ ‘the period of fiscal years 
2011 through 2015’ ’’ and inserting ‘‘fiscal year 
2011’’; and 
(B) by striking ‘‘shall remain available 
until expended’’ and inserting ‘‘shall remain 
available through the date of the enactment of 
the Medicare Firewall Act of 2011’’. 
(2) RESCISSION OF UNOBLIGATED BALANCE.— 
Of the funds transferred under such section on or 
before the date of the enactment of this Act, the un-
obligated balance shall be transferred back into the 
Medicare Trust Fund or Funds from which it was 
transferred. 
(d) DEFUNDING DEMONSTRATION PROJECT ON SEP-
ARATE PAYMENTS FOR COMPLEX DIAGNOSTIC LABORA-
TORY TESTS (SECTION 3113).— 
(1) IN GENERAL.—Section 3113(b) of PPACA 
is amended by inserting after ‘‘July 1, 2011’’ the 
following: ‘‘, except that the Secretary shall termi-
nate such project as soon as possible after the date 
of the enactment of the Medicare Firewall Act of 
2011.’’. 
(2) RESCISSION OF UNOBLIGATED BALANCE.— 
Of the payments made under such section on or be-
fore the date of the enactment of this Act, the unob-
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(1) IN GENERAL.—Section 1899A of the Social 
Security Act (42 U.S.C. 1395kkk), as added by sec-
tion 3403(a)(1) of PPACA, is repealed. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 1805(b) of such Act (42 
U.S.C. 1395b–6(b)) is amended by striking 
paragraph (4). 
(B) Section 207(c) of title 18, United 
States Code, is amended by striking paragraph 
(3). 
(C) Section 10320 of PPACA is amended 
by striking subsection (c). 
(g) DEFUNDING PREVENTION AND WELLNESS EVAL-
UATION (SECTION 4202(b)).— 
(1) 
IN
GENERAL.—Section 
4202(b)(4) 
of 
PPACA (42 U.S.C. 300u–14) is amended by strik-
ing ‘‘shall remain available until expended’’ and in-
serting ‘‘shall remain available through the date of 
the enactment of the Medicare Firewall Act of 
2011’’. 
(2) RESCISSION OF UNOBLIGATED BALANCE.— 
Of the amounts transferred under such section on or 
before the date of the enactment of this Act, the un-
obligated balance shall be transferred back into the 
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Medicare Trust Fund or Funds from which it was 
transferred. 
(h) DEFUNDING PILOT PROGRAM FOR INDIVIDUALS 
RESIDING IN EMERGENCY DECLARATION AREAS (SEC-
TION 10323(b)).— 
(1) IN GENERAL.—Section 1881A(b)(7) of the 
Social Security Act (42 U.S.C. 1395rr–1(b)(7)), as 
inserted by section 10323(b) of PPACA, is amended 
by adding at the end the following: ‘‘No such trans-
fer shall be made after the date of the enactment of 
the Medicare Firewall Act of 2011.’’. 
(2) RESTORATION
OF
UNOBLIGATED
BAL-
ANCE.—Of the amounts transferred under such sec-
tion on or before the date of the enactment of this 
Act, the unobligated balance shall be transferred 
back into the Medicare Trust Fund or Funds from 
which it was transferred. 
SEC. 3. ACCOUNTABILITY FOR TRUST FUND DEMONSTRA-
TION PROJECT EXPENDITURES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services shall submit to the Congress a report 
that describes covered demonstration projects and identi-
fies those projects for which initial period of the project 
has— 
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(1) not demonstrated that the project has met 
the objectives specified for the project; or 
(2) resulted in net expenditures from the Medi-
care Trust Funds. 
(b) PLAN FOR TERMINATION OR MODIFICATION.— 
For those covered demonstration projects identified under 
subsection (a), the Secretary shall include the report 
under such subsection a plan for the termination or modi-
fication of each such project. 
(c) COVERED DEMONSTRATION PROJECT.—In this 
section, the term ‘‘covered demonstration project’’ means 
a demonstration, pilot, or similar project undertaken with 
some or all funding from any of the Medicare Trust 
Funds. 
Æ 
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