SEC. 2. MEDICARE COVERAGE OF ADVANCE CARE PLAN-
NING SERVICES. 
(a) ADVANCE
CARE
PLANNING
SERVICES
DE-
FINED.—Section 1861 of the Social Security Act (42 
U.S.C. 1395x) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(lll) ADVANCE CARE PLANNING SERVICES.—(1) 
The term ‘advance care planning services’ means a visit 
between an eligible practitioner (as defined in paragraph 
(2)) enrolled under section 1866(j) and an individual, a 
family member of such individual, or a surrogate des-
ignated by such individual, to discuss— 
‘‘(A) the health care preferences of such indi-
vidual; 
‘‘(B) future health care decisions that may need 
to be made by, or on behalf of, such individual; and 
‘‘(C) advance directives or other standard 
forms, which may be completed by, or on behalf of, 
such individual. 
‘‘(2) For purposes of paragraph (1), the term ‘eligible 
practitioner’ means— 
‘‘(A) a physician (as defined in subsection (r)); 
‘‘(B) a physician assistant (as defined in sub-
section (aa)(5)); 
‘‘(C) a nurse practitioner (as defined in sub-
section (aa)(5)); 
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‘‘(D) a clinical nurse specialist (as defined in 
subsection (aa)(5)); or 
‘‘(E) a clinical social worker (as defined in sub-
section (hh)(1)) that possesses— 
‘‘(i) a relevant care planning certification; 
or 
‘‘(ii) experience providing care planning 
conversations or similar services, as defined by 
the Secretary.’’. 
(b) NO APPLICATION OF COINSURANCE OR DEDUCT-
IBLE UNDER PART B.— 
(1) AMOUNT.—Section 1833(a)(1) of the Social 
Security Act (42 U.S.C. 1395l(a)(1)) is amended— 
(A) by striking ‘‘and (DD)’’ and inserting 
‘‘(DD)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘and (EE) with respect 
to advance care planning services (as defined in 
section 1861(lll)), the amounts paid shall be 
100 percent of the lesser of the actual charge 
for the services or the amount determined 
under the fee schedule established under section 
1848(b)’’. 
(2) WAIVER
OF
APPLICATION
OF
DEDUCT-
IBLE.—The first sentence of section 1833(b) of the 
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Social Security Act (42 U.S.C. 1395l(b)) is amend-
ed— 
(A) by striking ‘‘and (12)’’ and inserting 
‘‘(12)’’; and 
(B) by inserting ‘‘, and (13) such deduct-
ible shall not apply with respect to advance care 
planning 
services 
(as 
defined 
in 
section 
1861(lll))’’ after ‘‘section 1861(s)(10)(A)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to advance care planning services 
furnished on or after January 1, 2023. 
SEC. 3. HHS PROVIDER OUTREACH AND REPORT. 
(a) OUTREACH.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’) shall conduct outreach to physicians and appro-
priate non-physician practitioners participating under the 
Medicare program under title XVIII of the Social Security 
Act (42 U.S.C. 1395 et seq.) with respect to Medicare pay-
ment for advance care planning counseling services fur-
nished to individuals to discuss their health care pref-
erences, identified by HCPCS codes 99497 and 99498 (or 
any successor to such codes). Such outreach shall include 
a new, comprehensive, one-time education initiative to in-
form such physicians and practitioners of the addition of 
such services as a covered benefit under the Medicare pro-
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gram, including the eligibility requirements for such serv-
ices. 
(b) HHS REPORT ON PROVIDER OUTREACH.—Not 
later than one year after the date of enactment of this 
Act, the Secretary of Health and Human Services shall 
submit to the Committee on Ways and Means and the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Finance of the 
Senate a report on the outreach conducted under sub-
section (a). Such report shall include a description of the 
methods used for such outreach. 
SEC. 4. MEDPAC STUDY AND REPORT ON PROVISION OF 
ADVANCE CARE PLANNING SERVICES AND 
USE OF ADVANCE CARE PLANNING CODES. 
(a) STUDY.—The Medicare Payment Advisory Com-
mission (in this section referred to as the ‘‘Commission’’) 
shall conduct a study on advance care planning services 
under the Medicare program under title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et seq.) analyzing— 
(1) the furnishing of advance care planning 
services to Medicare beneficiaries, including— 
(A) which providers are trained to provide 
such services; 
(B) which providers are eligible to provide 
such services under the Medicare program; 
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(C) the length and frequency of the visits 
for furnishing such services; and 
(D) any barriers related to providers fur-
nishing, or beneficiaries being furnished, such 
services; 
(2) the use of advance care planning Current 
Procedural Terminology (CPT) codes to bill for the 
furnishing of advance care planning services to 
Medicare beneficiaries, including— 
(A) circumstances under which codes other 
than advance care planning CPT codes are used 
to bill for such services under the Medicare pro-
gram and why providers do not use advance 
care planning CPT codes; and 
(B) any barriers to providers using ad-
vance care planning CPT codes to bill for such 
services under the Medicare program; and 
(3) such other items determined appropriate by 
the Commission. 
(b) REPORT.—Not later than June 30, 2024, the 
Commission shall submit to the Committee on Ways and 
Means and the Committee on Energy and Commerce of 
the House of Representatives, and the Committee on Fi-
nance of the Senate, a report on the study conducted 
under subsection (a), including recommendations for legis-
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lative and administrative action as the Commission deter-
mines appropriate. 
Æ 
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