1305
SEC. 951. FURNISHING HOSPITALS WITH INFORMATION TO 
COMPUTE DSH FORMULA. 
Beginning not later than 1 year after the 
date of the enactment of this Act, the Sec-
retary shall furnish to subsection (d) hospitals 
(as defined in section 1886(d)(1)(B) of the So-
cial Security Act, 42 U.S.C. 1395ww(d)(1)(B)) 
the data necessary for such hospitals to com-
pute the number of patient days described in 
subclause (II) of section 1886(d)(5)(F)(vi) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1395ww(d)(5)(F)(vi)) used in computing the 
disproportionate patient percentage under 
such section for that hospital. Such data shall 
also be furnished to other hospitals which 
would qualify for additional payments under 
part A of title XVIII of the Social Security Act 
on the basis of such data. 
SEC. 952. REVISIONS TO REASSIGNMENT PROVISIONS. 
(a) IN GENERAL.—Section 1842(b)(6)(A) (42 
U.S.C. 1395u(b)(6)(A)) is amended by striking 
‘‘or (ii) (where the service was provided in a 
hospital, critical access hospital, clinic, or 
other facility) to the facility in which the serv-
ice was provided if there is a contractual ar-
rangement between such physician or other
1306
person and such facility under which such fa-
cility submits the bill for such service,’’ and 
inserting ‘‘or (ii) where the service was pro-
vided under a contractual arrangement be-
tween such physician or other person and an 
entity (as defined by the Secretary), to the en-
tity if, under the contractual arrangement, 
the entity submits the bill for the service and 
the contractual arrangement meets such 
other program integrity and other safeguards 
as the Secretary may determine to be appro-
priate,’’. 
(b) CONFORMING AMENDMENT.—The second 
sentence of section 1842(b)(6) (42 U.S.C. 
1395u(b)(6)) is amended by striking ‘‘except to 
an employer or facility’’ and inserting ‘‘except 
to an employer, entity, or other person’’. 
(c) EFFECTIVE
DATE.—The amendments 
made by section shall apply to payments 
made on or after the date that is one year 
after the date of the enactment of this Act. 
SEC. 953. OTHER PROVISIONS. 
(a) GAO REPORTS ON THE PHYSICIAN COM-
PENSATION.—
1307
(1) SUSTAINABLE GROWTH RATE AND UP-
DATES.—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-
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
1308
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-
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-
1309
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 
such beneficiaries before they completely 
exhaust such lifetime reserve days.
1310
SEC. 954. TEMPORARY SUSPENSION OF OASIS REQUIRE-
MENT FOR COLLECTION OF DATA ON NON-
MEDICARE AND NON-MEDICAID PATIENTS. 
(a) IN GENERAL.—During the period de-
scribed in subsection (b), the Secretary may 
not require, under section 4602(e) of the Bal-
anced Budget Act of 1997 or otherwise under 
OASIS, a home health agency to gather or 
submit information that relates to an indi-
vidual who is not eligible for benefits under 
either title XVIII or title XIX of the Social Se-
curity Act (such information in this section 
referred to as ‘‘non-medicare/medicaid OASIS 
information’’). 
(b) PERIOD OF SUSPENSION.—The period de-
scribed in this subsection—
(1) begins on the date of the enact-
ment of this Act; and 
(2) ends on the last day of the 2nd 
month beginning after the date as of 
which the Secretary has published final 
regulations regarding the collection and 
use by the Centers for Medicare & Med-
icaid Services of non-medicare/medicaid 
OASIS information following the submis-
1311
sion of the report required under sub-
section (c). 
(c) REPORT.—
(1) STUDY.—The Secretary shall con-
duct a study on how non-medicare/med-
icaid OASIS information is and can be 
used by large home health agencies. Such 
study shall examine—
(A) whether there are unique ben-
efits from the analysis of such infor-
mation that cannot be derived from 
other information available to, or col-
lected by, such agencies; and 
(B) the value of collecting such in-
formation by small home health agen-
cies compared to the administrative 
burden related to such collection. 
In conducting the study the Secretary 
shall obtain recommendations from qual-
ity assessment experts in the use of such 
information and the necessity of small, as 
well as large, home health agencies col-
lecting such information. 
(2) REPORT.—The Secretary shall sub-
mit to Congress a report on the study
Union Calendar No. 115
108TH CONGRESS 
1ST SESSION 
H. R. 2473
[Report No. 108–718, Parts I and II] 
A BILL 
To amend title XVIII of the Social Security Act to 
provide for a voluntary program for prescription 
drug coverage under the Medicare Program, to 
modernize the Medicare Program, and for other 
purposes. 
JULY 15, 2003
Reported from the Committee on Ways and Means with 
an amendment, committed to the Committee of the 
Whole House on the State of the Union, and ordered 
to be printed