317
made on or after the date of the enactment of 
this Act. 
SEC. 512. OTHER PROVISIONS. 
(a) GAO REPORTS ON THE PHYSICIAN COM-
PENSATION.—
(1) SUSTAINABLE
GROWTH
RATE
AND 
UPDATES.—Not later than 6 months after 
the date of the enactment of this Act, the 
Comptroller General of the United States 
shall submit to Congress a report on the 
appropriateness of the updates in the 
conversion factor under subsection (d)(3) 
of section 1848 of the Social Security Act 
(42 U.S.C. 1395w–4), including the appro-
priateness of the sustainable growth rate 
formula under subsection (f) of such sec-
tion for 2002 and succeeding years. Such 
report shall examine the stability and 
predictability of such updates and rate 
and alternatives for the use of such rate 
in the updates. 
(2) 
PHYSICIAN
COMPENSATION
GEN-
ERALLY.—Not later than 12 months after 
the date of the enactment of this Act, the 
Comptroller General shall submit to Con-
318
gress a report on all aspects of physician 
compensation 
for 
services 
furnished 
under title XVIII of the Social Security 
Act, and how those aspects interact and 
the effect on appropriate compensation 
for physician services. Such report shall 
review alternatives for the physician fee 
schedule under section 1848 of such title 
(42 U.S.C. 1395w–4). 
(b) ANNUAL PUBLICATION OF LIST OF NA-
TIONAL COVERAGE DETERMINATIONS.—The Sec-
retary shall provide, in an appropriate annual 
publication available to the public, a list of 
national 
coverage 
determinations 
made 
under title XVIII of the Social Security Act in 
the previous year and information on how to 
get more information with respect to such de-
terminations. 
(c) GAO REPORT ON FLEXIBILITY IN APPLY-
ING HOME HEALTH CONDITIONS OF PARTICIPA-
TION
TO PATIENTS WHO ARE NOT MEDICARE 
BENEFICIARIES.—Not later than 6 months after 
the date of the enactment of this Act, the 
Comptroller General of the United States 
shall submit to Congress a report on the im-
319
plications if there were flexibility in the appli-
cation of the medicare conditions of partici-
pation for home health agencies with respect 
to groups or types of patients who are not 
medicare beneficiaries. The report shall in-
clude an analysis of the potential impact of 
such flexible application on clinical oper-
ations and the recipients of such services and 
an analysis of methods for monitoring the 
quality of care provided to such recipients. 
(d) OIG REPORT ON NOTICES RELATING TO 
USE
OF HOSPITAL LIFETIME RESERVE DAYS.—
Not later than 1 year after the date of the en-
actment of this Act, the Inspector General of 
the Department of Health and Human Serv-
ices shall submit a report to Congress on—
(1) the extent to which hospitals pro-
vide notice to medicare beneficiaries in 
accordance with applicable requirements 
before they use the 60 lifetime reserve 
days described in section 1812(a)(1) of the 
Social Security Act (42 U.S.C. 1395d(a)(1)); 
and 
(2) the appropriateness and feasi-
bility of hospitals providing a notice to
320
such beneficiaries before they completely 
exhaust such lifetime reserve days.
Union Calendar No. 43
108TH CONGRESS 
1ST SESSION 
H. R. 810
[Report No. 108–74, Parts I and II] 
A BILL 
To amend title XVIII of the Social Security Act to 
provide regulatory relief and contracting flexi-
bility under the Medicare Program. 
APRIL 29, 2003
Reported from the Committee on Energy and Commerce 
with an amendment, committed to the Committee of 
the Whole House on the State of the Union, and or-
dered to be printed