615 
(B) such costs that would have been in-
curred by such beneficiary during such period if 
the beneficiary had been both enrolled in the 
plan and recognized by such plan as qualified 
during such period for the low income subsidy 
under section 1860D–14 of the Social Security 
Act to which the individual is entitled. 
(2) ELIGIBLE THIRD PARTY.—The term ‘‘eligi-
ble third party’’ means, with respect to a retroactive 
LIS enrollment beneficiary, an organization or other 
third party that is owed payment on behalf of such 
beneficiary for covered drug costs incurred by such 
beneficiary during the retroactive coverage period of 
such beneficiary. 
(3) RETROACTIVE
COVERAGE
PERIOD.—The 
term ‘‘retroactive coverage period’’ means— 
(A) with respect to a retroactive LIS en-
rollment beneficiary described in paragraph 
(4)(A)(i), the period— 
(i) beginning on the effective date of 
the assistance described in such paragraph 
for which the individual is eligible; and 
(ii) ending on the date the plan effec-
tuates the status of such individual as so 
eligible; and
616 
(B) with respect to a retroactive LIS en-
rollment beneficiary described in paragraph 
(4)(A)(ii), the period— 
(i) beginning on the date the indi-
vidual is both entitled to benefits under 
part A, or enrolled under part B, of title 
XVIII of the Social Security Act and eligi-
ble for medical assistance under a State 
plan under title XIX of such Act; and 
(ii) ending on the date the plan effec-
tuates the status of such individual as a 
full-benefit dual eligible individual (as de-
fined in section 1935(c)(6) of such Act). 
(4) RETROACTIVE
LIS
ENROLLMENT
BENE-
FICIARY.— 
(A) IN GENERAL.—The term ‘‘retroactive 
LIS enrollment beneficiary’’ means an indi-
vidual who— 
(i) is enrolled in a prescription drug 
plan under part D of title XVIII of the So-
cial Security Act (or an MA–PD plan 
under part C of such title) and subse-
quently becomes eligible as a full-benefit 
dual eligible individual (as defined in sec-
tion 1935(c)(6) of such Act), an individual
617 
receiving a low-income subsidy under sec-
tion 1860D–14 of such Act, an individual 
receiving assistance under the Medicare 
Savings 
Program 
implemented 
under 
clauses (i), (iii), and (iv) of section 
1902(a)(10)(E) of such Act, or an indi-
vidual receiving assistance under the sup-
plemental security income program under 
section 1611 of such Act; or 
(ii) subject to subparagraph (B)(i), is 
a full-benefit dual eligible individual (as 
defined in section 1935(c)(6) of such Act) 
who is automatically enrolled in such a 
plan under section 1860D–1(b)(1)(C) of 
such Act. 
(B) EXCEPTION FOR BENEFICIARIES EN-
ROLLED IN RFP PLAN.— 
(i) IN GENERAL.—In no case shall an 
individual 
described 
in 
subparagraph 
(A)(ii) include an individual who is en-
rolled, pursuant to a RFP contract de-
scribed in clause (ii), in a prescription 
drug plan offered by the sponsor of such 
plan awarded such contract.
618 
(ii) RFP CONTRACT
DESCRIBED.— 
The RFP contract described in this section 
is a contract entered into between the Sec-
retary and a sponsor of a prescription drug 
plan pursuant to the Centers for Medicare 
& Medicaid Services’ request for proposals 
issued on February 17, 2009, relating to 
Medicare part D retroactive coverage for 
certain low income beneficiaries, or a simi-
lar subsequent request for proposals. 
SEC. 1205. INTELLIGENT ASSIGNMENT IN ENROLLMENT. 
(a) IN GENERAL.—Section 1860D–1(b)(1)(C) of the 
Social Security Act (42 U.S.C. 1395w–101(b)(1)(C)) is 
amended by adding after ‘‘PDP region’’ the following: ‘‘or 
through use of an intelligent assignment process that is 
designed to maximize the access of such individual to nec-
essary prescription drugs while minimizing costs to such 
individual and to the program under this part to the great-
est extent possible. In the case the Secretary enrolls such 
individuals through use of an intelligent assignment proc-
ess, such process shall take into account the extent to 
which prescription drugs necessary for the individual are 
covered in the case of a PDP sponsor of a prescription 
drug plan that uses a formulary, the use of prior author-
ization or other restrictions on access to coverage of such
619 
prescription drugs by such a sponsor, and the overall qual-
ity of a prescription drug plan as measured by quality rat-
ings established by the Secretary’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect for contract years begin-
ning with 2012. 
SEC. 1206. SPECIAL ENROLLMENT PERIOD AND AUTOMATIC 
ENROLLMENT PROCESS FOR CERTAIN SUB-
SIDY ELIGIBLE INDIVIDUALS. 
(a) 
SPECIAL
ENROLLMENT
PERIOD.—Section 
1860D–1(b)(3)(D) of the Social Security Act (42 U.S.C. 
1395w–101(b)(3)(D)) is amended to read as follows: 
‘‘(D) SUBSIDY
ELIGIBLE
INDIVIDUALS.— 
In the case of an individual (as determined by 
the Secretary) who is determined under sub-
paragraph (B) of section 1860D–14(a)(3) to be 
a subsidy eligible individual.’’. 
(b) AUTOMATIC
ENROLLMENT.—Section 1860D– 
1(b)(1) of the Social Security Act (42 U.S.C. 1395w– 
101(b)(1)) is amended by adding at the end the following 
new subparagraph: 
‘‘(D) SPECIAL RULE FOR SUBSIDY ELIGI-
BLE
INDIVIDUALS.—The process established 
under subparagraph (A) shall include, in the 
case of an individual described in section
620 
1860D–1(b)(3)(D) who fails to enroll in a pre-
scription drug plan or an MA–PD plan during 
the special enrollment established under such 
section applicable to such individual, the appli-
cation of the assignment process described in 
subparagraph (C) to such individual in the 
same manner as such assignment process ap-
plies to a part D eligible individual described in 
such subparagraph (C). Nothing in the previous 
sentence shall prevent an individual described in 
such sentence from declining enrollment in a 
plan determined appropriate by the Secretary 
(or in the program under this part) or from 
changing such enrollment.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to subsidy determinations made 
for months beginning with January 2011. 
SEC. 1207. APPLICATION OF MA PREMIUMS PRIOR TO RE-
BATE AND QUALITY BONUS PAYMENTS IN 
CALCULATION OF LOW INCOME SUBSIDY 
BENCHMARK. 
(a) IN GENERAL.—Section 1860D–14(b)(2)(B)(iii) 
of the Social Security Act (42 U.S.C. 1395w– 
114(b)(2)(B)(iii)) is amended by inserting before the pe-
riod the following: ‘‘before the application of the monthly
621 
rebate computed under section 1854(b)(1)(C)(i) for that 
plan and year involved and, in the case of a qualifying 
plan in a qualifying county, before the application of the 
increase under section 1853(o) for that plan and year in-
volved’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to subsidy determinations made 
for months beginning with January 2011. 
Subtitle B—Reducing Health 
Disparities 
SEC. 1221. ENSURING EFFECTIVE COMMUNICATION IN 
MEDICARE. 
(a) ENSURING EFFECTIVE COMMUNICATION BY THE 
CENTERS FOR MEDICARE & MEDICAID SERVICES.— 
(1) STUDY ON MEDICARE PAYMENTS FOR LAN-
GUAGE
SERVICES.—The Secretary of Health and 
Human Services shall conduct a study that examines 
the extent to which Medicare service providers uti-
lize, offer, or make available language services for 
beneficiaries who are limited English proficient and 
ways that Medicare should develop payment systems 
for language services. 
(2) ANALYSES.—The study shall include an 
analysis of each of the following:
622 
(A) How to develop and structure appro-
priate payment systems for language services 
for all Medicare service providers. 
(B) The feasibility of adopting a payment 
methodology for on-site interpreters, including 
interpreters who work as independent contrac-
tors and interpreters who work for agencies 
that provide on-site interpretation, pursuant to 
which such interpreters could directly bill Medi-
care for services provided in support of physi-
cian office services for an LEP Medicare pa-
tient. 
(C) The feasibility of Medicare contracting 
directly with agencies that provide off-site inter-
pretation including telephonic and video inter-
pretation pursuant to which such contractors 
could directly bill Medicare for the services pro-
vided in support of physician office services for 
an LEP Medicare patient. 
(D) The feasibility of modifying the exist-
ing Medicare resource-based relative value scale 
(RBRVS) by using adjustments (such as multi-
pliers or add-ons) when a patient is LEP. 
(E) How each of options described in a 
previous paragraph would be funded and how
623 
such funding would affect physician payments, 
a physician’s practice, and beneficiary cost- 
sharing. 
(F) The extent to which providers under 
parts A and B of title XVIII of the Social Secu-
rity Act, MA organizations offering Medicare 
Advantage plans under part C of such title and 
PDP sponsors of a prescription drug plan 
under part D of such title utilize, offer, or make 
available language services for beneficiaries with 
limited English proficiency. 
(G) The nature and type of language serv-
ices provided by States under title XIX of the 
Social Security Act and the extent to which 
such services could be utilized by beneficiaries 
and providers under title XVIII of such Act. 
(H) The extent to which interpreters and 
translators providing services to Medicare bene-
ficiaries under title XVIII of such Act are 
trained or accredited. 
(3) VARIATION
IN
PAYMENT
SYSTEM
DE-
SCRIBED.—The payment systems described in para-
graph (2)(A) may allow variations based upon types 
of service providers, available delivery methods, and
624 
costs for providing language services including such 
factors as— 
(A) the type of language services provided 
(such as provision of health care or health care 
related services directly in a non-English lan-
guage by a bilingual provider or use of an inter-
preter); 
(B) type of interpretation services provided 
(such as in-person, telephonic, video interpreta-
tion); 
(C) the methods and costs of providing 
language services (including the costs of pro-
viding language services with internal staff or 
through contract with external independent con-
tractors or agencies, or both); 
(D) providing services for languages not 
frequently encountered in the United States; 
and 
(E) providing services in rural areas. 
(4) REPORT.—The Secretary shall submit a re-
port on the study conducted under subsection (a) to 
appropriate committees of Congress not later than 
12 months after the date of the enactment of this 
Act.
625 
(5) EXEMPTION FROM PAPERWORK REDUCTION 
ACT.—Chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction 
Act’’), shall not apply for purposes of carrying out 
this subsection. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
The Secretary shall provide for the transfer, from 
the Federal Supplementary Medical Insurance Trust 
Fund under section 1841 of the Social Security Act 
(42 U.S.C. 1395t) of $2,000,000 for purposes of 
carrying out this subsection. 
(b) HEALTH PLANS.—Section 1857(g)(1) of the So-
cial Security Act (42 U.S.C. 1395w–27(g)(1)) is amend-
ed— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(F); 
(2) by adding ‘‘or’’ at the end of subparagraph 
(G); and 
(3) by inserting after subparagraph (G) the fol-
lowing new subparagraph: 
‘‘(H) fails substantially to provide lan-
guage services to limited English proficient 
beneficiaries enrolled in the plan that are re-
quired under law;’’.
626 
SEC. 1222. DEMONSTRATION TO PROMOTE ACCESS FOR 
MEDICARE BENEFICIARIES WITH LIMITED 
ENGLISH PROFICIENCY BY PROVIDING REIM-
BURSEMENT FOR CULTURALLY AND LINGUIS-
TICALLY APPROPRIATE SERVICES. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the completion of the study described in section 
1221(a) of this Act, the Secretary, acting through the 
Centers for Medicare & Medicaid Services and the Center 
for Medicare and Medicaid Innovation established under 
section 1115A of the Social Security Act (as added by sec-
tion 1907) and consistent with the applicable provisions 
of such section, shall carry out a demonstration program 
under which the Secretary shall award not fewer than 24 
3-year grants to eligible Medicare service providers (as de-
scribed in subsection (b)(1)) to improve effective commu-
nication between such providers and Medicare bene-
ficiaries who are living in communities where racial and 
ethnic minorities, including populations that face language 
barriers, are underserved with respect to such services. In 
designing and carrying out the demonstration the Sec-
retary shall take into consideration the results of the study 
conducted under section 1221(a) of this Act and adjust, 
as appropriate, the distribution of grants so as to better 
target Medicare beneficiaries who are in the greatest need 
of language services. The Secretary shall not authorize a
627 
grant larger than $500,000 over three years for any grant-
ee. 
(b) ELIGIBILITY; PRIORITY.— 
(1) ELIGIBILITY.—To be eligible to receive a 
grant under subsection (a) an entity shall— 
(A) be— 
(i) a provider of services under part A 
of title XVIII of the Social Security Act; 
(ii) a service provider under part B of 
such title; 
(iii) a part C organization offering a 
Medicare part C plan under part C of such 
title; or 
(iv) a PDP sponsor of a prescription 
drug plan under part D of such title; and 
(B) prepare and submit to the Secretary 
an application, at such time, in such manner, 
and accompanied by such additional informa-
tion as the Secretary may require. 
(2) PRIORITY.— 
(A) DISTRIBUTION.—To the extent fea-
sible, in awarding grants under this section, the 
Secretary shall award— 
(i) at least 6 grants to providers of 
services described in paragraph (1)(A)(i);
628 
(ii) at least 6 grants to service pro-
viders described in paragraph (1)(A)(ii); 
(iii) at least 6 grants to organizations 
described in paragraph (1)(A)(iii); and 
(iv) at least 6 grants to sponsors de-
scribed in paragraph (1)(A)(iv). 
(B) FOR
COMMUNITY
ORGANIZATIONS.— 
The Secretary shall give priority to applicants 
that have developed partnerships with commu-
nity organizations or with agencies with experi-
ence in language access. 
(C) VARIATION IN GRANTEES.—The Sec-
retary shall also ensure that the grantees under 
this section represent, among other factors— 
(i) different types of language services 
provided and of service providers and orga-
nizations under parts A through D of title 
XVIII of the Social Security Act; 
(ii) variations in languages needed 
and their frequency of use; 
(iii) urban and rural settings; 
(iv) at least two geographic regions, 
as defined by the Secretary; and 
(v) at least two large metropolitan 
statistical areas with diverse populations.
629 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—A grantee shall use grant 
funds received under this section to pay for the pro-
vision of competent language services to Medicare 
beneficiaries who are limited English proficient. 
Competent interpreter services may be provided 
through on-site interpretation, telephonic interpreta-
tion, or video interpretation or direct provision of 
health care or health care related services by a bilin-
gual health care provider. A grantee may use bilin-
gual providers, staff, or contract interpreters. A 
grantee may use grant funds to pay for competent 
translation services. A grantee may use up to 10 
percent of the grant funds to pay for administrative 
costs associated with the provision of competent lan-
guage services and for reporting required under sub-
section (e). 
(2) ORGANIZATIONS.—Grantees that are part C 
organizations or PDP sponsors must ensure that 
their network providers receive at least 50 percent of 
the grant funds to pay for the provision of com-
petent language services to Medicare beneficiaries 
who are limited English proficient, including physi-
cians and pharmacies.
630 
(3) DETERMINATION OF PAYMENTS FOR LAN-
GUAGE SERVICES.—Payments to grantees shall be 
calculated based on the estimated numbers of lim-
ited English proficient Medicare beneficiaries in a 
grantee’s service area utilizing— 
(A) data on the numbers of limited 
English 
proficient 
individuals 
who 
speak 
English less than ‘‘very well’’ from the most re-
cently available data from the Bureau of the 
Census or other State-based study the Sec-
retary determines likely to yield accurate data 
regarding the number of such individuals served 
by the grantee; or 
(B) the grantee’s own data if the grantee 
routinely collects data on Medicare bene-
ficiaries’ primary language in a manner deter-
mined by the Secretary to yield accurate data 
and such data shows greater numbers of limited 
English proficient individuals than the data list-
ed in subparagraph (A). 
(4) LIMITATIONS.— 
(A) REPORTING.—Payments shall only be 
provided under this section to grantees that re-
port their costs of providing language services 
as required under subsection (e) and may be
631 
modified annually at the discretion of the Sec-
retary. If a grantee fails to provide the reports 
under such section for the first year of a grant, 
the Secretary may terminate the grant and so-
licit applications from new grantees to partici-
pate in the subsequent two years of the dem-
onstration program. 
(B) TYPE OF SERVICES.— 
(i) IN
GENERAL.—Subject to clause 
(ii), payments shall be provided under this 
section only to grantees that utilize com-
petent bilingual staff or competent inter-
preter or translation services which— 
(I) if the grantee operates in a 
State that has statewide health care 
interpreter standards, meet the State 
standards currently in effect; or 
(II) if the grantee operates in a 
State that does not have statewide 
health care interpreter standards, uti-
lizes competent interpreters who fol-
low the National Council on Inter-
preting in Health Care’s Code of Eth-
ics and Standards of Practice.
632 
(ii) EXEMPTIONS.—The requirements 
of clause (i) shall not apply— 
(I) in the case of a Medicare ben-
eficiary who is limited English pro-
ficient (who has been informed in the 
beneficiary’s primary language of the 
availability of free interpreter and 
translation services) and who requests 
the use of family, friends, or other 
persons untrained in interpretation or 
translation and the grantee documents 
the request in the beneficiary’s record; 
and 
(II) in the case of a medical 
emergency where the delay directly as-
sociated with obtaining a competent 
interpreter or translation services 
would jeopardize the health of the pa-
tient. 
Nothing in clause (ii)(II) shall be con-
strued to exempt emergency rooms or simi-
lar entities that regularly provide health 
care services in medical emergencies from 
having in place systems to provide com-
633 
petent interpreter and translation services 
without undue delay. 
(d) ASSURANCES.—Grantees under this section 
shall— 
(1) ensure that appropriate clinical and support 
staff receive ongoing education and training in lin-
guistically appropriate service delivery; 
(2) ensure the linguistic competence of bilingual 
providers; 
(3) offer and provide appropriate language serv-
ices at no additional charge to each patient with lim-
ited English proficiency at all points of contact, in 
a timely manner during all hours of operation; 
(4) notify Medicare beneficiaries of their right 
to receive language services in their primary lan-
guage; 
(5) post signage in the languages of the com-
monly encountered group or groups present in the 
service area of the organization; and 
(6) ensure that— 
(A) primary language data are collected 
for recipients of language services and are con-
sistent with standards developed under section 
1709(b)(3)(B)(iv) of the Public Health Service 
Act, as added by section 2402 of this Act, to
634 
the extent such standards are available upon 
the initiation of the demonstration; and 
(B) consistent with the privacy protections 
provided under the regulations promulgated 
pursuant to section 264(c) of the Health Insur-
ance Portability and Accountability Act of 1996 
(42 U.S.C. 1320d–2 note), if the recipient of 
language services is a minor or is incapacitated, 
the primary language of the parent or legal 
guardian is collected and utilized. 
(e) REPORTING REQUIREMENTS.—Grantees under 
this section shall provide the Secretary with reports at the 
conclusion of the each year of a grant under this section. 
Each report shall include at least the following informa-
tion: 
(1) The number of Medicare beneficiaries to 
whom language services are provided. 
(2) The languages of those Medicare bene-
ficiaries. 
(3) The types of language services provided 
(such as provision of services directly in non-English 
language by a bilingual health care provider or use 
of an interpreter). 
(4) Type of interpretation (such as in-person, 
telephonic, or video interpretation).
635 
(5) The methods of providing language services 
(such as staff or contract with external independent 
contractors or agencies). 
(6) The length of time for each interpretation 
encounter. 
(7) The costs of providing language services 
(which may be actual or estimated, as determined by 
the Secretary). 
(8) An account of the training or accreditation 
of bilingual staff, interpreters, or translators pro-
viding services under this demonstration. 
(f) NO COST SHARING.—Limited English proficient 
Medicare beneficiaries shall not have to pay cost-sharing 
or co-pays for language services provided through this 
demonstration program. 
(g) EVALUATION AND REPORT.—The Secretary shall 
conduct an evaluation of the demonstration program 
under this section and shall submit to the appropriate 
committees of Congress a report not later than 1 year 
after the completion of the program. The report shall in-
clude the following: 
(1) An analysis of the patient outcomes and 
costs of furnishing care to the limited English pro-
ficient Medicare beneficiaries participating in the 
project as compared to such outcomes and costs for
636 
limited English proficient Medicare beneficiaries not 
participating. 
(2) The effect of delivering culturally and lin-
guistically appropriate services on beneficiary access 
to care, utilization of services, efficiency and cost-ef-
fectiveness of health care delivery, patient satisfac-
tion, and select health outcomes. 
(3) The extent to which bilingual staff, inter-
preters, and translators providing services under 
such demonstration were trained or accredited and 
the nature of accreditation or training needed by 
type of provider, service, or other category as deter-
mined by the Secretary to ensure the provision of 
high-quality interpretation, translation, or other lan-
guage services to Medicare beneficiaries if such serv-
ices are expanded pursuant to subsection (c) of sec-
tion 1907 of this Act. 
(4) Recommendations, if any, regarding the ex-
tension of such project to the entire Medicare pro-
gram. 
(h) ACCREDITATION OR TRAINING FOR PROVIDERS 
OF
INTERPRETATION, TRANSLATION
OR
LANGUAGE 
SERVICES IN MEDICARE.— 
(1) IN GENERAL.—
637 
(A) DESIGNATION OF STANDARDS.—If the 
Secretary, pursuant to section 1907(c) of this 
Act, expands the model initially developed 
through the demonstration program under this 
section, the Secretary shall use the results of 
the study under section 1221 and the dem-
onstration under this section to designate 
standards for training or accreditation.
The 
Secretary may designate one or more
training 
or
accreditation organizations, as appropriate 
for the nature and type of interpretation and 
translation services provided to Medicare bene-
ficiaries to ensure that payments are made only 
for approved services by trained or accredited 
language services providers. 
(B) ALTERNATIVES TO TRAINING OR AC-
CREDITATION.—If the Secretary designates one 
or more
training or accreditation organiza-
tions but determines that accreditation is not 
available in all languages for which payments 
may be initiated, the Secretary shall provide 
payments for and accept alternatives to
train-
ing or
accreditation for certain languages, in-
cluding languages of lesser diffusion.
The Sec-
retary must ensure that the alternatives to
638 
training or
accreditation provide, at a min-
imum— 
(i) a determination that the inter-
preter is proficient and able to commu-
nicate information accurately in both 
English and in the language for which in-
terpreting is needed; 
(ii) an attestation from the interpreter 
to comply with and adhere to the role of 
an interpreter as defined by the National 
Code of Ethics and National Standards of 
Practice as published by the National 
Council on Interpreting in Health Care; 
and 
(iii) an attestation to adhere to 
HIPAA privacy and security law, as de-
fined in section 3009(a)(2) of the Public 
Health Service Act, to the same extent as 
the healthcare provider for whom inter-
preting is provided. 
(C) MODIFIERS, ADD-ONS, AND
OTHER 
FORMS OF PAYMENT.—If the Secretary decides 
that modifiers, add-ons, or other forms of pay-
ment may be made for the provision of services 
directly by bilingual providers, the Secretary
639 
shall designate standards to ensure the com-
petency of such providers delivering such serv-
ices in a non-English language. 
(2) CONSULTATION WITH STAKEHOLDERS AND 
CONSIDERATIONS
FOR
ACCREDITATION
OR
TRAIN-
ING.— 
(A) CONSULTATION.—In designating ac-
creditation or training requirements under this 
subsection, the Secretary shall consult with pa-
tients, providers, organizations that advocate on 
behalf of limited English proficient individuals, 
and other individuals or entities determined ap-
propriate by the Secretary. 
(B) CONSIDERATIONS.—In designating ac-
creditation or training requirements under this 
section, the Secretary shall consider, as appro-
priate— 
(i) standards for qualifications of 
health care interpreters who interpret in-
frequently encountered languages; 
(ii) standards for qualifications of 
health care interpreters who interpret in 
languages of lesser diffusion; 
(iii) standards for training of inter-
preters;
and
640 
(iv) standards for continuing edu-
cation of interpreters. 
(i) GENERAL PROVISIONS.—Nothing in this section 
shall be construed to limit otherwise existing obligations 
of recipients of Federal financial assistance under title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 2000(d) et 
seq.) or any other statute. 
(j) APPROPRIATIONS.—There are appropriated to 
carry out this section, in equal parts from the Federal 
Hospital Insurance Trust Fund and the Federal Supple-
mentary Medical Insurance Trust Fund, $16,000,000 for 
each fiscal year of the demonstration program. 
SEC. 1223. IOM REPORT ON IMPACT OF LANGUAGE ACCESS 
SERVICES. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall enter into an arrangement with the 
Institute of Medicine under which the Institute will pre-
pare and publish, not later than 3 years after the date 
of the enactment of this Act, a report on the impact of 
language access services on the health and health care of 
limited English proficient populations. 
(b) CONTENTS.—Such report shall include— 
(1) recommendations on the development and 
implementation of policies and practices by health
641 
care organizations and providers for limited English 
proficient patient populations; 
(2) a description of the effect of providing lan-
guage access services on quality of health care and 
access to care and reduced medical error; and 
(3) a description of the costs associated with or 
savings related to provision of language access serv-
ices. 
SEC. 1224. DEFINITIONS. 
In this subtitle: 
(1) BILINGUAL.—The term ‘‘bilingual’’ with re-
spect to an individual means a person who has suffi-
cient degree of proficiency in two languages and can 
ensure effective communication can occur in both 
languages. 
(2) COMPETENT INTERPRETER SERVICES.—The 
term ‘‘competent interpreter services’’ means a 
trans-language rendition of a spoken message in 
which the interpreter comprehends the source lan-
guage and can speak comprehensively in the target 
language to convey the meaning intended in the 
source language. The interpreter knows health and 
health-related terminology and provides accurate in-
terpretations by choosing equivalent expressions that 
convey the best matching and meaning to the source
642 
language and captures, to the greatest possible ex-
tent, all nuances intended in the source message. 
(3) COMPETENT TRANSLATION SERVICES.—The 
term ‘‘competent translation services’’ means a 
trans-language rendition of a written document in 
which the translator comprehends the source lan-
guage and can write comprehensively in the target 
language to convey the meaning intended in the 
source language. The translator knows health and 
health-related terminology and provides accurate 
translations by choosing equivalent expressions that 
convey the best matching and meaning to the source 
language and captures, to the greatest possible ex-
tent, all nuances intended in the source document. 
(4) EFFECTIVE
COMMUNICATION.—The term 
‘‘effective communication’’ means an exchange of in-
formation between the provider of health care or 
health care-related services and the limited English 
proficient recipient of such services that enables lim-
ited English proficient individuals to access, under-
stand, and benefit from health care or health care- 
related services. 
(5) 
INTERPRETING/INTERPRETATION.—The 
terms ‘‘interpreting’’ and ‘‘interpretation’’ mean the
643 
transmission of a spoken message from one language 
into another, faithfully, accurately, and objectively. 
(6) 
HEALTH
CARE
SERVICES.—The 
term 
‘‘health care services’’ means services that address 
physical as well as mental health conditions in all 
care settings. 
(7) HEALTH
CARE-RELATED
SERVICES.—The 
term ‘‘health care-related services’’ means human or 
social services programs or activities that provide ac-
cess, referrals or links to health care. 
(8) LANGUAGE ACCESS.—The term ‘‘language 
access’’ means the provision of language services to 
an LEP individual designed to enhance that individ-
ual’s access to, understanding of or benefit from 
health care or health care-related services. 
(9) LANGUAGE
SERVICES.—The term ‘‘lan-
guage services’’ means provision of health care serv-
ices directly in a non-English language, interpreta-
tion, translation, and non-English signage. 
(10) LIMITED
ENGLISH
PROFICIENT.—The 
term ‘‘limited English proficient’’ or ‘‘LEP’’ with re-
spect to an individual means an individual who 
speaks a primary language other than English and 
who cannot speak, read, write or understand the 
English language at a level that permits the indi-
644 
vidual to effectively communicate with clinical or 
nonclinical staff at an entity providing health care or 
health care related services. 
(11) 
MEDICARE
BENEFICIARY.—The 
term 
‘‘Medicare beneficiary’’ means an individual entitled 
to benefits under part A of title XVIII of the Social 
Security Act or enrolled under part B of such title. 
(12) MEDICARE PROGRAM.—The term ‘‘Medi-
care program’’ means the programs under parts A 
through D of title XVIII of the Social Security Act. 
(13) SERVICE PROVIDER.—The term ‘‘service 
provider’’ includes all suppliers, providers of services, 
or entities under contract to provide coverage, items 
or services under any part of title XVIII of the So-
cial Security Act. 
Subtitle C—Miscellaneous 
Improvements 
SEC. 1231. EXTENSION OF THERAPY CAPS EXCEPTIONS 
PROCESS. 
Section 1833(g)(5) of the Social Security Act (42 
U.S.C. 1395l(g)(5)), as amended by section 141 of the 
Medicare Improvements for Patients and Providers Act of 
2008 (Public Law 110–275), is amended by striking ‘‘De-
cember 31, 2009’’ and inserting ‘‘December 31, 2011’’.
645 
SEC. 1232. EXTENDED MONTHS OF COVERAGE OF IMMUNO-
SUPPRESSIVE DRUGS FOR KIDNEY TRANS-
PLANT PATIENTS AND OTHER RENAL DIALY-
SIS PROVISIONS. 
(a) PROVISION OF APPROPRIATE COVERAGE OF IM-
MUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PRO-
GRAM FOR KIDNEY TRANSPLANT RECIPIENTS.— 
(1) CONTINUED
ENTITLEMENT
TO
IMMUNO-
SUPPRESSIVE DRUGS.— 
(A) KIDNEY TRANSPLANT RECIPIENTS.— 
Section 226A(b)(2) of the Social Security Act 
(42 U.S.C. 426–1(b)(2)) is amended by insert-
ing ‘‘(except for coverage of immunosuppressive 
drugs under section 1861(s)(2)(J))’’ before ‘‘, 
with the thirty-sixth month’’. 
(B) APPLICATION.—Section 1836 of such 
Act (42 U.S.C. 1395o) is amended— 
(i) by striking ‘‘Every individual who’’ 
and inserting ‘‘(a) IN GENERAL.—Every 
individual who’’; and 
(ii) by adding at the end the following 
new subsection: 
‘‘(b) SPECIAL RULES APPLICABLE TO INDIVIDUALS 
ONLY ELIGIBLE FOR COVERAGE OF IMMUNOSUPPRESSIVE 
DRUGS.—
646 
‘‘(1) IN GENERAL.—In the case of an individual 
whose eligibility for benefits under this title has 
ended on or after January 1, 2012, except for the 
coverage of immunosuppressive drugs by reason of 
section 226A(b)(2), the following rules shall apply: 
‘‘(A) The individual shall be deemed to be 
enrolled under this part for purposes of receiv-
ing coverage of such drugs. 
‘‘(B) The individual shall be responsible 
for providing for payment of the portion of the 
premium under section 1839 which is not cov-
ered under the Medicare savings program (as 
defined in section 1144(c)(7)) in order to re-
ceive such coverage. 
‘‘(C) The provision of such drugs shall be 
subject to the application of— 
‘‘(i) the deductible under section 
1833(b); and 
‘‘(ii) the coinsurance amount applica-
ble for such drugs (as determined under 
this part). 
‘‘(D) If the individual is an inpatient of a 
hospital or other entity, the individual is enti-
tled to receive coverage of such drugs under 
this part.
647 
‘‘(2) ESTABLISHMENT
OF
PROCEDURES
IN 
ORDER TO IMPLEMENT COVERAGE.—The Secretary 
shall establish procedures for— 
‘‘(A) identifying individuals that are enti-
tled to coverage of immunosuppressive drugs by 
reason of section 226A(b)(2); and 
‘‘(B) distinguishing such individuals from 
individuals that are enrolled under this part for 
the complete package of benefits under this 
part.’’. 
(C) TECHNICAL AMENDMENT TO CORRECT 
DUPLICATE
SUBSECTION
DESIGNATION.—Sub-
section (c) of section 226A of such Act (42 
U.S.C. 
426–1), 
as 
added 
by 
section 
201(a)(3)(D)(ii) of the Social Security Inde-
pendence and Program Improvements Act of 
1994 (Public Law 103–296; 108 Stat. 1497), is 
redesignated as subsection (d). 
(2) EXTENSION
OF
SECONDARY
PAYER
RE-
QUIREMENTS
FOR
ESRD
BENEFICIARIES.—Section 
1862(b)(1)(C) 
of 
such 
Act 
(42 
U.S.C. 
1395y(b)(1)(C)) is amended by adding at the end 
the following new sentence: ‘‘With regard to im-
munosuppressive drugs furnished on or after the 
date of the enactment of the Affordable Health Care
648 
for America Act, this subparagraph shall be applied 
without regard to any time limitation.’’. 
(b) MEDICARE COVERAGE FOR ESRD PATIENTS.— 
Section 1881 of such Act is further amended— 
(1) in subsection (b)(14)(B)(iii), by inserting ‘‘, 
including oral drugs that are not the oral equivalent 
of an intravenous drug (such as oral phosphate bind-
ers and calcimimetics),’’ after ‘‘other drugs and 
biologicals’’; 
(2) in subsection (b)(14)(E)(ii)— 
(A) in the first sentence— 
(i) by striking ‘‘a one-time election to 
be excluded from the phase-in’’ and insert-
ing ‘‘an election, with respect to 2011, 
2012, or 2013, to be excluded from the 
phase-in (or the remainder of the phase- 
in)’’; and 
(ii) by adding before the period at the 
end the following: ‘‘for such year and for 
each subsequent year during the phase-in 
described in clause (i)’’; and 
(B) in the second sentence— 
(i) by striking ‘‘January 1, 2011’’ and 
inserting ‘‘the first date of such year’’; and
649 
(ii) by inserting ‘‘and at a time’’ after 
‘‘form and manner’’; and 
(3) in subsection (h)(4)(E), by striking ‘‘lesser’’ 
and inserting ‘‘greater’’. 
SEC. 1233. VOLUNTARY ADVANCE CARE PLANNING CON-
SULTATION. 
(a) IN GENERAL.—Section 1861 of the Social Secu-
rity Act (42 U.S.C. 1395x) is amended— 
(1) in subsection (s)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (DD); 
(B) by adding ‘‘and’’ at the end of sub-
paragraph (EE); and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(FF) voluntary advance care planning con-
sultation (as defined in subsection (hhh)(1));’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘Voluntary Advance Care Planning Consultation 
‘‘(hhh)(1) Subject to paragraphs (3) and (4), the 
term ‘voluntary advance care planning consultation’ 
means an optional consultation between the individual and 
a practitioner described in paragraph (2) regarding ad-
650 
vance care planning. Such consultation may include the 
following, as specified by the Secretary: 
‘‘(A) An explanation by the practitioner of ad-
vance care planning, including a review of key ques-
tions and considerations, advance directives (includ-
ing living wills and durable powers of attorney) and 
their uses. 
‘‘(B) An explanation by the practitioner of the 
role and responsibilities of a health care proxy and 
of the continuum of end-of-life services and supports 
available, including palliative care and hospice, and 
benefits for such services and supports that are 
available under this title. 
‘‘(C) An explanation by the practitioner of phy-
sician orders regarding life sustaining treatment or 
similar orders, in States where such orders or simi-
lar orders exist. 
‘‘(2) A practitioner described in this paragraph is— 
‘‘(A) a physician (as defined in subsection 
(r)(1)); and 
‘‘(B) another health care professional (as speci-
fied by the Secretary and who has the authority 
under State law to sign orders for life sustaining 
treatments, such as a nurse practitioner or physician 
assistant).
651 
‘‘(3) An individual may receive the voluntary advance 
care planning care planning consultation provided for 
under this subsection no more than once every 5 years 
unless there is a significant change in the health or health- 
related condition of the individual. 
‘‘(4) For purposes of this section, the term ‘order re-
garding life sustaining treatment’ means, with respect to 
an individual, an actionable medical order relating to the 
treatment of that individual that effectively communicates 
the individual’s preferences regarding life sustaining treat-
ment, is signed and dated by a practitioner, and is in a 
form that permits it to be followed by health care profes-
sionals across the continuum of care.’’. 
(b) CONSTRUCTION.—The voluntary advance care 
planning consultation described in section 1861(hhh) of 
the Social Security Act, as added by subsection (a), shall 
be completely optional. Nothing in this section shall— 
(1) require an individual to complete an ad-
vance directive, an order for life sustaining treat-
ment, or other advance care planning document; 
(2) require an individual to consent to restric-
tions on the amount, duration, or scope of medical 
benefits an individual is entitled to receive under 
this title; or
652 
(3) encourage the promotion of suicide or as-
sisted suicide. 
(c) PAYMENT.—Section 1848(j)(3) of such Act (42 
U.S.C. 
1395w–4(j)(3)) 
is 
amended 
by 
inserting 
‘‘(2)(FF),’’ after ‘‘(2)(EE),’’. 
(d) FREQUENCY LIMITATION.—Section 1862(a) of 
such Act (42 U.S.C. 1395y(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (N), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (O) by striking the 
semicolon at the end and inserting ‘‘, and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(P) in the case of voluntary advance care 
planning consultations (as defined in paragraph 
(1) of section 1861(hhh)), which are performed 
more frequently than is covered under such sec-
tion;’’; and 
(2) in paragraph (7), by striking ‘‘or (K)’’ and 
inserting ‘‘(K), or (P)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to consultations furnished on or 
after January 1, 2011.
653 
SEC. 1234. PART B SPECIAL ENROLLMENT PERIOD AND 
WAIVER OF LIMITED ENROLLMENT PENALTY 
FOR TRICARE BENEFICIARIES. 
(a) PART B SPECIAL ENROLLMENT PERIOD.— 
(1) IN GENERAL.—Section 1837 of the Social 
Security Act (42 U.S.C. 1395p) is amended by add-
ing at the end the following new subsection: 
‘‘(l)(1) In the case of any individual who is a covered 
beneficiary (as defined in section 1072(5) of title 10, 
United States Code) at the time the individual is entitled 
to hospital insurance benefits under part A under section 
226(b) or section 226A and who is eligible to enroll but 
who has elected not to enroll (or to be deemed enrolled) 
during the individual’s initial enrollment period, there 
shall be a special enrollment period described in paragraph 
(2). 
‘‘(2) The special enrollment period described in this 
paragraph, with respect to an individual, is the 12-month 
period beginning on the day after the last day of the initial 
enrollment period of the individual or, if later, the 12- 
month period beginning with the month the individual is 
notified of enrollment under this section. 
‘‘(3) In the case of an individual who enrolls during 
the special enrollment period provided under paragraph 
(1), the coverage period under this part shall begin on the 
first day of the month in which the individual enrolls or,
654 
at the option of the individual, on the first day of the sec-
ond month following the last month of the individual’s ini-
tial enrollment period. 
‘‘(4) The Secretary of Defense shall establish a meth-
od for identifying individuals described in paragraph (1) 
and providing notice to them of their eligibility for enroll-
ment during the special enrollment period described in 
paragraph (2).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to elections made on or 
after the date of the enactment of this Act. 
(b) WAIVER OF INCREASE OF PREMIUM.— 
(1) IN GENERAL.—Section 1839(b) of the So-
cial Security Act (42 U.S.C. 1395r(b)) is amended 
by striking ‘‘section 1837(i)(4)’’ and inserting ‘‘sub-
section (i)(4) or (l) of section 1837’’. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—The amendment made 
by paragraph (1) shall apply with respect to 
elections made on or after the date of the en-
actment of this Act. 
(B) REBATES
FOR
CERTAIN
DISABLED 
AND ESRD BENEFICIARIES.— 
(i) IN
GENERAL.—With respect to 
premiums for months on or after January
655 
2005 and before the month of the enact-
ment of this Act, no increase in the pre-
mium shall be effected for a month in the 
case of any individual who is a covered 
beneficiary (as defined in section 1072(5) 
of title 10, United States Code) at the time 
the individual is entitled to hospital insur-
ance benefits under part A of title XVIII 
of the Social Security Act under section 
226(b) or 226A of such Act, and who is el-
igible to enroll, but who has elected not to 
enroll (or to be deemed enrolled), during 
the individual’s initial enrollment period, 
and who enrolls under this part within the 
12-month period that begins on the first 
day of the month after the month of notifi-
cation of entitlement under this part. 
(ii) CONSULTATION
WITH
DEPART-
MENT
OF
DEFENSE.—The Secretary of 
Health and Human Services shall consult 
with the Secretary of Defense in identi-
fying individuals described in this para-
graph. 
(iii) REBATES.—The Secretary of 
Health and Human Services shall establish
656 
a method for providing rebates of premium 
increases paid for months on or after Jan-
uary 1, 2005, and before the month of the 
enactment of this Act for which a penalty 
was applied and collected. 
SEC. 1235. EXCEPTION FOR USE OF MORE RECENT TAX 
YEAR IN CASE OF GAINS FROM SALE OF PRI-
MARY RESIDENCE IN COMPUTING PART B IN-
COME-RELATED PREMIUM. 
(a) IN GENERAL.—Section 1839(i)(4)(C)(ii)(II) of 
the Social Security Act (42 U.S.C. 1395r(i)(4)(C)(ii)(II)) 
is amended by inserting ‘‘sale of primary residence,’’ after 
‘‘divorce of such individual,’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to premiums and payments for 
years beginning with 2011. 
SEC. 1236. DEMONSTRATION PROGRAM ON USE OF PA-
TIENT DECISIONS AIDS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Center for Medicare 
and Medicaid Innovation established under section 1115A 
of the Social Security Act (as added by section 1907) and 
consistent with the applicable provisions of such section, 
shall establish a shared decision making demonstration 
program (in this subsection referred to as the ‘‘program’’)
657 
under the Medicare program using patient decision aids 
to meet the objective of improving the understanding by 
Medicare beneficiaries of their medical treatment options, 
as compared to comparable Medicare beneficiaries who do 
not participate in a shared decision making process using 
patient decision aids. 
(b) SITES.— 
(1) ENROLLMENT.—The Secretary shall enroll 
in the program not more than 30 eligible providers 
who have experience in implementing, and have in-
vested in the necessary infrastructure to implement, 
shared decision making using patient decision aids. 
(2) APPLICATION.—An eligible provider seeking 
to participate in the program shall submit to the 
Secretary an application at such time and containing 
such information as the Secretary may require. 
(3) PREFERENCE.—In enrolling eligible pro-
viders in the program, the Secretary shall give pref-
erence to eligible providers that— 
(A) have documented experience in using 
patient decision aids for the conditions identi-
fied by the Secretary and in using shared deci-
sion making; 
(B) have the necessary information tech-
nology infrastructure to collect the information
658 
required by the Secretary for reporting pur-
poses; and 
(C) are trained in how to use patient deci-
sion aids and shared decision making. 
(c) FOLLOW-UP COUNSELING VISIT.— 
(1) IN GENERAL.—An eligible provider partici-
pating in the program shall routinely schedule Medi-
care beneficiaries for a counseling visit after the 
viewing of such a patient decision aid to answer any 
questions the beneficiary may have with respect to 
the medical care of the condition involved and to as-
sist the beneficiary in thinking through how their 
preferences and concerns relate to their medical 
care. 
(2) PAYMENT
FOR
FOLLOW-UP
COUNSELING 
VISIT.—The Secretary shall establish procedures for 
making payments for such counseling visits provided 
to Medicare beneficiaries under the program. Such 
procedures shall provide for the establishment— 
(A) of a code (or codes) to represent such 
services; and 
(B) of a single payment amount for such 
service that includes the professional time of 
the health care provider and a portion of the 
reasonable costs of the infrastructure of the eli-
659 
gible provider such as would be made under the 
applicable payment systems to that provider for 
similar covered services. 
(d) COSTS OF AIDS.—An eligible provider partici-
pating in the program shall be responsible for the costs 
of selecting, purchasing, and incorporating such patient 
decision aids into the provider’s practice, and reporting 
data on quality and outcome measures under the program. 
(e) FUNDING.—The Secretary shall provide for the 
transfer from the Federal Supplementary Medical Insur-
ance Trust Fund established under section 1841 of the 
Social Security Act (42 U.S.C. 1395t) of such funds as 
are necessary for the costs of carrying out the program. 
(f) WAIVER AUTHORITY.—The Secretary may waive 
such requirements of titles XI and XVIII of the Social 
Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) 
as may be necessary for the purpose of carrying out the 
program. 
(g) REPORT.—Not later than 12 months after the 
date of completion of the program, the Secretary shall sub-
mit to Congress a report on such program, together with 
recommendations for such legislation and administrative 
action as the Secretary determines to be appropriate. The 
final report shall include an evaluation of the impact of 
the use of the program on health quality, utilization of
660 
health care services, and on improving the quality of life 
of such beneficiaries. 
(h) DEFINITIONS.—In this section: 
(1) ELIGIBLE PROVIDER.—The term ‘‘eligible 
provider’’ means the following: 
(A) A primary care practice. 
(B) A specialty practice. 
(C) A multispecialty group practice. 
(D) A hospital. 
(E) A rural health clinic. 
(F) A Federally qualified health center (as 
defined in section 1861(aa)(4) of the Social Se-
curity Act (42 U.S.C. 1395x(aa)(4)). 
(G) An integrated delivery system. 
(H) A State cooperative entity that in-
cludes the State government and at least one 
other health care provider which is set up for 
the purpose of testing shared decision making 
and patient decision aids. 
(2) PATIENT
DECISION
AID.—The term ‘‘pa-
tient decision aid’’ means an educational tool (such 
as the Internet, a video, or a pamphlet) that helps 
patients (or, if appropriate, the family caregiver of 
the patient) understand and communicate their be-
liefs and preferences related to their treatment op-
661 
tions, and to decide with their health care provider 
what treatments are best for them based on their 
treatment options, scientific evidence, circumstances, 
beliefs, and preferences. 
(3) SHARED
DECISION
MAKING.—The term 
‘‘shared decision making’’ means a collaborative 
process between patient and clinician that engages 
the patient in decision making, provides patients 
with information about trade-offs among treatment 
options, and facilitates the incorporation of patient 
preferences and values into the medical plan. 
TITLE 
III—PROMOTING 
PRI-
MARY 
CARE, 
MENTAL 
HEALTH SERVICES, AND CO-
ORDINATED CARE 
SEC. 1301. ACCOUNTABLE CARE ORGANIZATION PILOT 
PROGRAM. 
Title XVIII of the Social Security Act is amended by 
inserting after section 1866D, as added by section 
1152(f), the following new section: 
‘‘ACCOUNTABLE CARE ORGANIZATION PILOT PROGRAM 
‘‘SEC. 1866E. (a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.— The Secretary shall conduct a 
pilot program (in this section referred to as the ‘pilot pro-
gram’) to test different payment incentive models, includ-
ing (to the extent practicable) the specific payment incen-
662 
tive models described in subsection (c), designed to reduce 
the growth of expenditures and improve health outcomes 
in the provision of items and services under this title to 
applicable beneficiaries (as defined in subsection (e)) by 
qualifying accountable care organizations (as defined in 
subsection (b)(1)) in order to— 
‘‘(A) promote accountability for a patient popu-
lation and coordinate items and services under parts 
A and B (and may include Part D, if the Secretary 
determines appropriate); 
‘‘(B) encourage investment in infrastructure 
and redesigned care processes for high quality and 
efficient service delivery; and 
‘‘(C) reward physician practices and other phy-
sician organizational models for the provision of high 
quality and efficient health care services. 
‘‘(2) SCOPE.—The Secretary shall set specific goals 
for the number of accountable care organizations, partici-
pating practitioners, and patients served in the initial tests 
under the pilot program to ensure that the pilot program 
is of sufficient size and scope to— 
‘‘(A) test the approach involved in a variety of 
settings, including urban, rural, and underserved 
areas; and
663 
‘‘(B) subject to subsection (g)(1), disseminate 
such approach rapidly on a national basis. 
To the extent that the Secretary finds a qualifying ac-
countable care organization model to be successful in im-
proving quality and reducing costs, the Secretary shall 
seek to implement such models on as large a geographic 
scale as practical and economical. 
‘‘(b) QUALIFYING ACCOUNTABLE CARE ORGANIZA-
TIONS (ACOS).— 
‘‘(1) QUALIFYING ACO DEFINED.—In this sec-
tion: 
‘‘(A) IN GENERAL.—The terms ‘qualifying 
accountable care organization’ and ‘qualifying 
ACO’ mean a group of physicians or other phy-
sician organizational model (as defined in sub-
paragraph (D)) that— 
‘‘(i) is organized at least in part for 
the purpose of providing physicians’ serv-
ices; and 
‘‘(ii) meets such criteria as the Sec-
retary determines to be appropriate to par-
ticipate in the pilot program, including the 
criteria specified in paragraph (2). 
‘‘(B) INCLUSION OF OTHER PROVIDERS OF 
SERVICES
AND
SUPPLIERS.—Nothing in this
664 
subsection shall be construed as preventing a 
qualifying ACO from including a hospital or 
any other provider of services or supplier fur-
nishing items or services for which payment 
may be made under this title that is affiliated 
with the ACO under an arrangement structured 
so that such provider or supplier participates in 
the pilot program and shares in any incentive 
payments under the pilot program. 
‘‘(C) PHYSICIAN.—The term ‘physician’ in-
cludes, except as the Secretary may otherwise 
provide, any individual who furnishes services 
for which payment may be made as physicians’ 
services under this title. 
‘‘(D) OTHER PHYSICIAN ORGANIZATIONAL 
MODEL.—The term ‘other physician organiza-
tion model’ means, with respect to a qualifying 
ACO any model of organization under which 
physicians enter into agreements with other 
providers of services for the purposes of partici-
pation in the pilot program in order to provide 
high quality and efficient health care services 
and share in any incentive payments under such 
program.
665 
‘‘(E) OTHER SERVICES.—Nothing in this 
paragraph shall be construed as preventing a 
qualifying ACO from furnishing items or serv-
ices, for which payment may not be made under 
this title, for purposes of achieving performance 
goals under the pilot program. 
‘‘(2) QUALIFYING CRITERIA.—The following are 
criteria described in this paragraph for an organized 
group of physicians to be a qualifying ACO: 
‘‘(A) The group has a legal structure that 
would allow the group to receive and distribute 
incentive payments under this section. 
‘‘(B) The group includes a sufficient num-
ber of primary care physicians (regardless of 
specialty) for the applicable beneficiaries for 
whose care the group is accountable (as deter-
mined by the Secretary). 
‘‘(C) The group reports on quality meas-
ures in such form, manner, and frequency as 
specified by the Secretary (which may be for 
the group, for providers of services and sup-
pliers, or both). 
‘‘(D) The group reports to the Secretary 
(in a form, manner and frequency as specified 
by the Secretary) such data as the Secretary
666 
determines appropriate to monitor and evaluate 
the pilot program. 
‘‘(E) The group provides notice to applica-
ble beneficiaries regarding the pilot program (as 
determined appropriate by the Secretary). 
‘‘(F) The group contributes to a best prac-
tices network or website, that shall be main-
tained by the Secretary for the purpose of shar-
ing strategies on quality improvement, care co-
ordination, and efficiency that the groups be-
lieve are effective. 
‘‘(G) The group utilizes patient-centered 
processes of care, including those that empha-
size patient and caregiver involvement in plan-
ning and monitoring of ongoing care manage-
ment plan. 
‘‘(H) The group meets other criteria deter-
mined to be appropriate by the Secretary. 
‘‘(c) SPECIFIC PAYMENT INCENTIVE MODELS.—The 
specific payment incentive models described in this sub-
section are the following: 
‘‘(1) PERFORMANCE
TARGET
MODEL.—Under 
the performance target model under this paragraph 
(in this paragraph referred to as the ‘performance 
target model’):
667 
‘‘(A) IN
GENERAL.—A qualifying ACO 
qualifies to receive an incentive payment if ex-
penditures for items and services for applicable 
beneficiaries are less than a target spending 
level or a target rate of growth. The incentive 
payment shall be made only if savings are 
greater than would result from normal variation 
in expenditures for items and services covered 
under parts A and B (and may include Part D, 
if the Secretary determines appropriate). 
‘‘(B) COMPUTATION
OF
PERFORMANCE 
TARGET.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall establish a performance target for 
each qualifying ACO comprised of a base 
amount (described in clause (ii)) increased 
to the current year by an adjustment fac-
tor (described in clause (iii)). Such a tar-
get may be established on a per capita 
basis or adjusted for risk, as the Secretary 
determines to be appropriate. 
‘‘(ii) BASE AMOUNT.—For purposes of 
clause (i), the base amount in this sub-
paragraph is equal to the average total 
payments (or allowed charges) under parts
668 
A and B (and may include part D, if the 
Secretary determines appropriate) for ap-
plicable beneficiaries for whom the quali-
fying ACO furnishes items and services in 
a base period determined by the Secretary. 
Such base amount may be determined on 
a per capita basis or adjusted for risk. 
‘‘(iii) 
ADJUSTMENT
FACTOR.—For 
purposes of clause (i), the adjustment fac-
tor in this clause may equal an annual per 
capita amount that reflects changes in ex-
penditures from the period of the base 
amount to the current year that would rep-
resent an appropriate performance target 
for applicable beneficiaries (as determined 
by the Secretary). 
‘‘(iv) REBASING.—Under this model 
the Secretary shall periodically rebase the 
base expenditure amount described in 
clause (ii). 
‘‘(C) MEETING TARGET.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), a qualifying ACO that meets or ex-
ceeds annual quality and performance tar-
gets for a year shall receive an incentive
669 
payment for such year equal to a portion 
(as determined appropriate by the Sec-
retary) of the amount by which payments 
under this title for such year are estimated 
to be below the performance target for 
such year, as determined by the Secretary. 
The Secretary may establish a cap on in-
centive payments for a year for a quali-
fying ACO. 
‘‘(ii) LIMITATION.— The Secretary 
shall limit incentive payments to each 
qualifying ACO under this paragraph as 
necessary to ensure that the aggregate ex-
penditures with respect to applicable bene-
ficiaries for such ACOs under this title (in-
clusive of incentive payments described in 
this subparagraph) do not exceed the 
amount that the Secretary estimates would 
be expended for such ACO for such bene-
ficiaries if the pilot program under this 
section were not implemented. 
‘‘(D) REPORTING
AND
OTHER
REQUIRE-
MENTS.—In carrying out such model, the Sec-
retary may (as the Secretary determines to be 
appropriate) 
incorporate 
reporting 
require-
670 
ments, incentive payments, and penalties re-
lated to the physician quality reporting initia-
tive (PQRI), electronic prescribing, electronic 
health records, and other similar initiatives 
under section 1848, and may use alternative 
criteria than would otherwise apply under such 
section for determining whether to make such 
payments. The incentive payments described in 
this subparagraph shall not be included in the 
limit described in subparagraph (C)(ii) or in the 
performance target model described in this 
paragraph. 
‘‘(2) PARTIAL CAPITATION MODEL.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a partial capitation model described 
in this paragraph (in this paragraph referred to 
as a ‘partial capitation model’) is a model in 
which a qualifying ACO would be at financial 
risk for some, but not all, of the items and serv-
ices covered under parts A and B (and may in-
clude part D, if the Secretary determines ap-
propriate), such as at risk for some or all physi-
cians’ services or all items and services under 
part B. The Secretary may limit a partial capi-
tation model to ACOs that are highly integrated
671 
systems of care and to ACOs capable of bearing 
risk, as determined to be appropriate by the 
Secretary. 
‘‘(B) NO ADDITIONAL PROGRAM EXPENDI-
TURES.—Payments to a qualifying ACO for 
items and services under this title for applicable 
beneficiaries for a year under the partial capita-
tion model shall be established in a manner that 
does not result in spending more for such ACO 
for such beneficiaries than would otherwise be 
expended for such ACO for such beneficiaries 
for such year if the pilot program were not im-
plemented, as estimated by the Secretary. 
‘‘(3) OTHER PAYMENT MODELS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary may develop other 
payment models that meet the goals of this 
pilot program to improve quality and efficiency. 
‘‘(B) NO ADDITIONAL PROGRAM EXPENDI-
TURES.—Subparagraph (B) of paragraph (2) 
shall apply to a payment model under subpara-
graph (A) in a similar manner as such subpara-
graph (B) applies to the payment model under 
paragraph (2). 
‘‘(d) ANNUAL QUALITY TARGETS.—
672 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish annual quality targets that qualifying ACOs 
must meet to receive incentive payments, operate at 
financial risk, or otherwise participate in alternative 
financing models under this section. The Secretary 
shall establish a process for developing annual tar-
gets based on ACO reporting of multiple quality 
measures. In selecting measures the Secretary 
shall— 
‘‘(A) for years one and two of each ACOs 
participation in the pilot program established 
by this section, require reporting of a starter 
set of measures focused on clinical care, care 
coordination and patient experience of care; and 
‘‘(B) for each subsequent year, require re-
porting of a more comprehensive set of clinical 
outcomes measures, care coordination measures 
and patient experience of care measures. 
‘‘(2) MEASURE SELECTION.—To the extent fea-
sible, the Secretary shall select measures that reflect 
national priorities for quality improvement and pa-
tient-centered care consistent with the measures de-
veloped under section 1192(c)(1). 
‘‘(e) APPLICABLE BENEFICIARIES.—
673 
‘‘(1) IN GENERAL.—In this section, the term 
‘applicable beneficiary’ means, with respect to a 
qualifying ACO, an individual who— 
‘‘(A) is enrolled under part B and entitled 
to benefits under part A; 
‘‘(B) is not enrolled in a Medicare Advan-
tage plan under part C or a PACE program 
under section 1894; and 
‘‘(C) meets such other criteria as the Sec-
retary determines appropriate, which may in-
clude criteria relating to frequency of contact 
with physicians in the ACO 
‘‘(2) 
FOLLOWING
APPLICABLE
BENE-
FICIARIES.—The Secretary may monitor data on ex-
penditures and quality of services under this title 
after an applicable beneficiary discontinues receiving 
services under this title through a qualifying ACO. 
‘‘(f) IMPLEMENTATION.— 
‘‘(1) STARTING DATE.—The pilot program shall 
begin no later than January 1, 2012. An agreement 
with a qualifying ACO under the pilot program may 
cover a multi-year period of between 3 and 5 years. 
‘‘(2) WAIVER.—The Secretary may waive such 
provisions of this title (including section 1877) and
674 
title XI in the manner the Secretary determines nec-
essary in order implement the pilot program. 
‘‘(3) PERFORMANCE RESULTS REPORTS.—The 
Secretary shall report performance results to quali-
fying ACOs under the pilot program at least annu-
ally. 
‘‘(4) LIMITATIONS ON REVIEW.—There shall be 
no administrative or judicial review under section 
1869, section 1878, or otherwise of— 
‘‘(A) the elements, parameters, scope, and 
duration of the pilot program; 
‘‘(B) the selection of qualifying ACOs for 
the pilot program; 
‘‘(C) the establishment of targets, meas-
urement of performance, determinations with 
respect to whether savings have been achieved 
and the amount of savings; 
‘‘(D) determinations regarding whether, to 
whom, and in what amounts incentive payments 
are paid; and 
‘‘(E) decisions about the extension of the 
program under subsection (h), expansion of the 
program under subsection (i) or extensions 
under subsection (j) or (k).
675 
‘‘(5) ADMINISTRATION.—Chapter 35 of title 44, 
United States Code, shall not apply to this section. 
‘‘(g) EVALUATION; MONITORING.— 
‘‘(1) IN GENERAL.—The Secretary shall evalu-
ate the payment incentive model for each qualifying 
ACO under the pilot program to assess impacts on 
beneficiaries, providers of services, suppliers and the 
program under this title. The Secretary shall make 
such evaluation publicly available within 60 days of 
the date of completion of such report. 
‘‘(2) MONITORING.—The Inspector General of 
the Department of Health and Human Services shall 
provide for monitoring of the operation of ACOs 
under the pilot program with regard to violations of 
section 1877 (popularly known as the ‘Stark law’). 
‘‘(h) EXTENSION OF PILOT AGREEMENT WITH SUC-
CESSFUL ORGANIZATIONS.— 
‘‘(1) REPORTS TO CONGRESS.—Not later than 
2 years after the date the first agreement is entered 
into under this section, and biennially thereafter for 
six years, the Secretary shall submit to Congress 
and make publicly available a report on the use of 
ACO payment models under the pilot program. Each 
report shall address the impact of the use of those
676 
models on expenditures, access, and quality under 
this title. 
‘‘(2) EXTENSION.—Subject to the report pro-
vided under paragraph (1), with respect to a quali-
fying ACO, the Secretary may extend the duration 
of the agreement for such ACO under the pilot pro-
gram as the Secretary determines appropriate if— 
‘‘(A) the ACO receives incentive payments 
with respect to any of the first 4 years of the 
pilot agreement and is consistently meeting 
quality standards or 
‘‘(B) the ACO is consistently exceeding 
quality standards and is not increasing spend-
ing under the program. 
‘‘(3) TERMINATION.—The Secretary may termi-
nate an agreement with a qualifying ACO under the 
pilot program if such ACO did not receive incentive 
payments or consistently failed to meet quality 
standards in any of the first 3 years under the pro-
gram. 
‘‘(i) EXPANSION TO ADDITIONAL ACOS.— 
‘‘(1) TESTING AND REFINEMENT OF PAYMENT 
INCENTIVE MODELS.—Subject to the evaluation de-
scribed in subsection (g), the Secretary may enter 
into agreements under the pilot program with addi-
677 
tional qualifying ACOs to further test and refine 
payment incentive models with respect to qualifying 
ACOs. 
‘‘(2) EXPANDING USE OF SUCCESSFUL MODELS 
TO PROGRAM IMPLEMENTATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary may issue regulations 
to implement, on a permanent basis, 1 or more 
models if, and to the extent that, such models 
are beneficial to the program under this title, as 
determined by the Secretary. 
‘‘(B) CERTIFICATION.—The Chief Actuary 
of the Centers for Medicare & Medicaid Serv-
ices shall certify that 1 or more of such models 
described in subparagraph (A) would result in 
estimated spending that would be less than 
what spending would otherwise be estimated to 
be in the absence of such expansion. 
‘‘(j) TREATMENT OF PHYSICIAN GROUP PRACTICE 
DEMONSTRATION.— 
‘‘(1) EXTENSION.—The Secretary may enter in 
to an agreement with a qualifying ACO under the 
demonstration under section 1866A, subject to re-
basing and other modifications deemed appropriate
678 
by the Secretary, until the pilot program under this 
section is operational. 
‘‘(2) TRANSITION.—For purposes of extension 
of an agreement with a qualifying ACO under sub-
section (h)(2), the Secretary shall treat receipt of an 
incentive payment for a year by an organization 
under the physician group practice demonstration 
pursuant to section 1866A as a year for which an 
incentive payment is made under such subsection, as 
long as such practice group practice organization 
meets the criteria under subsection (b)(2). 
‘‘(k) ADDITIONAL PROVISIONS.— 
‘‘(1) AUTHORITY
FOR
SEPARATE
INCENTIVE 
ARRANGEMENTS.—The Secretary may create sepa-
rate incentive arrangements (including using mul-
tiple years of data, varying thresholds, varying 
shared savings amounts, and varying shared savings 
limits) for different categories of qualifying ACOs to 
reflect variation in average annual attributable ex-
penditures and other matters the Secretary deems 
appropriate. 
‘‘(2) ENCOURAGEMENT OF PARTICIPATION OF 
SMALLER ORGANIZATIONS.—In order to encourage 
the participation of smaller accountable care organi-
zations under the pilot program, the Secretary may
679 
limit a qualifying ACO’s exposure to high cost pa-
tients under the program. 
‘‘(3) INVOLVEMENT
IN
PRIVATE
PAYER
AND 
OTHER
THIRD
PARTY
ARRANGEMENTS.—The Sec-
retary may give preference to ACOs who are partici-
pating in similar arrangements with other payers. 
‘‘(4) ANTIDISCRIMINATION
LIMITATION.—The 
Secretary shall not enter into an agreement with an 
entity to provide health care items or services under 
the pilot program, or with an entity to administer 
the program, unless such entity guarantees that it 
will not deny, limit, or condition the coverage or pro-
vision of benefits under the program, for individuals 
eligible to be enrolled under such program, based on 
any health status-related factor described in section 
2702(a)(1) of the Public Health Service Act. 
‘‘(5) FUNDING.—For purposes of administering 
and carrying out the pilot program, other than for 
payments for items and services furnished under this 
title and incentive payments under subsection (c)(1), 
in addition to funds otherwise appropriated, there 
are appropriated to the Secretary for the Center for 
Medicare & Medicaid Services Program Management 
Account $25,000,000 for each of fiscal years 2010 
through 2014 and $20,000,000 for fiscal year 2015.
680 
Amounts appropriated under this paragraph for a 
fiscal year shall be available until expended. 
‘‘(6) NO DUPLICATION IN PAYMENTS TO PHYSI-
CIANS IN MULTIPLE PILOTS.—The Secretary shall 
not make payments under this section to any physi-
cian group that is paid under section 1866F (relat-
ing to medical homes) or section 1866G (relating to 
independence at home).’’. 
SEC. 1302. MEDICAL HOME PILOT PROGRAM. 
(a) IN GENERAL.—Title XVIII of the Social Security 
Act is amended by inserting after section 1866E, as in-
serted by section 1301, the following new section: 
‘‘MEDICAL HOME PILOT PROGRAM 
‘‘SEC. 1866F. (a) ESTABLISHMENT AND MEDICAL 
HOME MODELS.— 
‘‘(1) ESTABLISHMENT OF PILOT PROGRAM.— 
The Secretary shall establish a medical home pilot 
program (in this section referred to as the ‘pilot pro-
gram’) for the purpose of evaluating the feasibility 
and advisability of reimbursing qualified patient-cen-
tered medical homes for furnishing medical home 
services (as defined under subsection (b)(1)) to 
beneficiaries (as defined in subsection (b)(4)) and to 
targeted high need beneficiaries (as defined in sub-
section (c)(1)(C)).
681 
‘‘(2) SCOPE.—Subject to subsection (g), the 
Secretary shall set specific goals for the number of 
practices and communities, and the number of pa-
tients served, under the pilot program in the initial 
tests to ensure that the pilot program is of sufficient 
size and scope to— 
‘‘(A) test the approach involved in a vari-
ety of settings, including urban, rural, and un-
derserved areas; and 
‘‘(B) subject to subsection (e)(1), dissemi-
nate such approach rapidly on a national basis. 
To the extent that the Secretary finds a medical 
home model to be successful in improving quality 
and reducing costs, the Secretary shall implement 
such model on as large a geographic scale as prac-
tical and economical. 
‘‘(3) MODELS
OF
MEDICAL
HOMES
IN
THE 
PILOT PROGRAM.—The pilot program shall evaluate 
each of the following medical home models: 
‘‘(A) INDEPENDENT
PATIENT-CENTERED 
MEDICAL HOME MODEL.—Independent patient- 
centered medical home model under subsection 
(c).
682 
‘‘(B) COMMUNITY-BASED
MEDICAL
HOME 
MODEL.—Community-based 
medical 
home 
model under subsection (d). 
‘‘(4) PARTICIPATION OF NURSE PRACTITIONERS 
AND PHYSICIAN ASSISTANTS.— 
‘‘(A) Nothing in this section shall be con-
strued as preventing a nurse practitioner from 
leading a patient centered medical home so long 
as— 
‘‘(i) all the requirements of this sec-
tion are met; and 
‘‘(ii) the nurse practitioner is acting 
in a manner that is consistent with State 
law. 
‘‘(B) Nothing in this section shall be con-
strued as preventing a physician assistant from 
participating in a patient centered medical 
home so long as— 
‘‘(i) all the requirements of this sec-
tion are met; and 
‘‘(ii) the physician assistant is acting 
in a manner that is consistent with State 
law. 
‘‘(b) DEFINITIONS.—For purposes of this section:
683 
‘‘(1) 
PATIENT-CENTERED
MEDICAL
HOME 
SERVICES.—The 
term 
‘patient-centered 
medical 
home services’ means services that— 
‘‘(A) provide beneficiaries with direct and 
ongoing access to a primary care or principal 
care physician or nurse practitioner who accepts 
responsibility for providing first contact, contin-
uous and comprehensive care to such bene-
ficiary; 
‘‘(B) coordinate the care provided to a ben-
eficiary by a team of individuals at the practice 
level across office, provider of services, and 
home settings led by a primary care or principal 
care physician or nurse practitioner, as needed 
and appropriate; 
‘‘(C) provide for all the patient’s health 
care needs or take responsibility for appro-
priately arranging care with other qualified 
physicians or providers for all stages of life; 
‘‘(D) provide continuous access to care and 
communication with participating beneficiaries; 
‘‘(E) provide support for patient self-man-
agement, proactive and regular patient moni-
toring, support for family caregivers, use pa-
684 
tient-centered processes, and coordination with 
community resources; 
‘‘(F) integrate readily accessible, clinically 
useful information on participating patients 
that enables the practice to treat such patients 
comprehensively and systematically; and 
‘‘(G) implement evidence-based guidelines 
and apply such guidelines to the identified 
needs of beneficiaries over time and with the in-
tensity needed by such beneficiaries. 
‘‘(2) PRIMARY CARE.—The term ‘primary care’ 
means health care that is provided by a physician, 
nurse practitioner, or physician assistant who prac-
tices in the field of family medicine, general internal 
medicine, geriatric medicine, or pediatric medicine. 
‘‘(3) PRINCIPAL
CARE.—The term ‘principal 
care’ means integrated, accessible health care that is 
provided by a physician who is a medical specialist 
or subspecialist that addresses the majority of the 
personal health care needs of patients with chronic 
conditions requiring the specialist’s or subspecialist’s 
expertise, and for whom the specialist or sub-
specialist assumes care management.
685 
‘‘(4) BENEFICIARIES.—The term ‘beneficiaries’ 
means, with respect to a qualifying medical home, 
an individual who— 
‘‘(A) is enrolled under part B and entitled 
to benefits under part A; 
‘‘(B) is not enrolled in a Medicare Advan-
tage plan under part C or a PACE program 
under section 1894; and 
‘‘(C) meets such other criteria as the Sec-
retary determines appropriate. 
‘‘(c) INDEPENDENT PATIENT-CENTERED MEDICAL 
HOME MODEL.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PAYMENT
AUTHORITY.—Under the 
independent patient-centered medical home 
model under this subsection, the Secretary shall 
make payments for medical home services fur-
nished by an independent patient-centered med-
ical home (as defined in subparagraph (B)) 
pursuant to paragraph (3) for targeted high 
need beneficiaries (as defined in subparagraph 
(C)). 
‘‘(B) INDEPENDENT
PATIENT-CENTERED 
MEDICAL HOME DEFINED.—In this section, the 
term ‘independent patient-centered medical
686 
home’ means a physician-directed or nurse- 
practitioner-directed practice that is qualified 
under paragraph (2) as— 
‘‘(i) providing beneficiaries with pa-
tient-centered medical home services; and 
‘‘(ii) meets such other requirements as 
the Secretary may specify. 
‘‘(C) TARGETED HIGH NEED BENEFICIARY 
DEFINED.—For purposes of this subsection, the 
term ‘targeted high need beneficiary’ means a 
beneficiary who, based on a risk score as speci-
fied by the Secretary, is generally within the 
upper 50th percentile of Medicare beneficiaries. 
‘‘(D) BENEFICIARY ELECTION TO PARTICI-
PATE.—The Secretary shall determine an ap-
propriate method of ensuring that beneficiaries 
have agreed to participate in the pilot program. 
‘‘(E) IMPLEMENTATION.—The pilot pro-
gram under this subsection shall begin no later 
than 12 months after the date of the enactment 
of this section and shall operate for 5 years. 
‘‘(2) QUALIFICATION
PROCESS
FOR
PATIENT- 
CENTERED MEDICAL HOMES.—The Secretary shall 
establish a process for practices to qualify as med-
ical homes.
687 
‘‘(3) PAYMENT.— 
‘‘(A) 
ESTABLISHMENT
OF
METHOD-
OLOGY.—The Secretary shall establish a meth-
odology for the payment for medical home serv-
ices furnished by independent patient-centered 
medical homes. Under such methodology, the 
Secretary shall adjust payments to medical 
homes based on beneficiary risk scores to en-
sure that higher payments are made for higher 
risk beneficiaries. 
‘‘(B) PER BENEFICIARY PER MONTH PAY-
MENTS.—Under such payment methodology, the 
Secretary shall pay independent patient-cen-
tered medical homes a monthly fee for each tar-
geted high need beneficiary who consents to re-
ceive medical home services through such med-
ical home. 
‘‘(C) PROSPECTIVE
PAYMENT.—The fee 
under subparagraph (B) shall be paid on a pro-
spective basis. 
‘‘(D) AMOUNT
OF
PAYMENT.—In deter-
mining the amount of such fee, the Secretary 
shall consider the following: 
‘‘(i) The clinical work and practice ex-
penses involved in providing the medical
688 
home services provided by the independent 
patient-centered medical home (such as 
providing increased access, care coordina-
tion, population disease management, and 
teaching self-care skills for managing 
chronic illnesses) for which payment is not 
made under this title as of the date of the 
enactment of this section. 
‘‘(ii) Allow for differential payments 
based on capabilities of the independent 
patient-centered medical home. 
‘‘(iii) Use appropriate risk-adjustment 
in determining the amount of the per bene-
ficiary per month payment under this 
paragraph in a manner that ensures that 
higher payments are made for higher risk 
beneficiaries. 
‘‘(4) ENCOURAGING
PARTICIPATION
OF
VARI-
ETY OF PRACTICES.—The pilot program under this 
subsection shall be designed to include the participa-
tion of physicians in practices with fewer than 10 
full-time equivalent physicians, as well as physicians 
in larger practices, particularly in underserved and 
rural areas, as well as federally qualified health cen-
ters, and rural health centers.
690 
‘‘(iii) The organization employs com-
munity health workers, including nurses or 
other 
non-physician 
practitioners, 
lay 
health workers, or other persons as deter-
mined appropriate by the Secretary, that 
assist the primary or principal care physi-
cian, nurse practitioner, or physician as-
sistant in chronic care management activi-
ties such as teaching self-care skills for 
managing chronic illnesses, transitional 
care services, care plan setting, nutritional 
counseling, medication therapy manage-
ment services for patients with multiple 
chronic diseases, or help beneficiaries ac-
cess the health care and community-based 
resources in their local geographic area. 
‘‘(iv) The organization meets such 
other requirements as the Secretary may 
specify. 
‘‘(2) QUALIFICATION
PROCESS
FOR
COMMU-
NITY-BASED MEDICAL HOMES.—The Secretary shall 
establish a process to provide for the review and 
qualification of community-based medical homes 
pursuant to criteria established by the Secretary.
691 
‘‘(3) DURATION.—The pilot program for com-
munity-based medical homes under this subsection 
shall start no later than 2 years after the date of the 
enactment of this section. Each demonstration site 
under the pilot program shall operate for a period 
of up to 5 years after the initial implementation 
phase, without regard to the receipt of a initial im-
plementation funding under paragraph (6). 
‘‘(4) PREFERENCE.—In selecting sites for the 
CBMH model, the Secretary shall give preference to 
applications which seek to eliminate health dispari-
ties, as defined in section 3171 of the Public Health 
Service Act and may give preference to any of the 
following: 
‘‘(A) Applications that propose to coordi-
nate health care items and services under this 
title for chronically ill beneficiaries who rely, for 
primary care, on small physician or nurse prac-
titioner practices, federally qualified health cen-
ters, rural health clinics, or other settings with 
limited resources and scope of services. 
‘‘(B) Applications that include other third- 
party payors that furnish medical home services 
for chronically ill patients covered by such 
third-party payors.
692 
‘‘(C) Applications from States that propose 
to use the medical home model to coordinate 
health care services for— 
‘‘(i) individuals enrolled under this 
title; 
‘‘(ii) individuals enrolled under title 
XIX; and 
‘‘(iii) full-benefit dual eligible individ-
uals (as defined in section 1935(c)(6)), 
with chronic diseases across a variety of health 
care settings. 
‘‘(5) PAYMENTS.— 
‘‘(A) 
ESTABLISHMENT
OF
METHOD-
OLOGY.—The Secretary shall establish a meth-
odology for the payment for medical home serv-
ices furnished under the CBMH model. 
‘‘(B) PER BENEFICIARY PER MONTH PAY-
MENTS.—Under such payment methodology, the 
Secretary shall make two separate monthly pay-
ments for each beneficiary who consents to re-
ceive medical home services through such med-
ical home, as follows: 
‘‘(i) PAYMENT TO COMMUNITY-BASED 
ORGANIZATION.—One monthly payment to
693 
a community-based or State-based organi-
zation or State. 
‘‘(ii) PAYMENT TO PRIMARY OR PRIN-
CIPAL CARE PRACTICE.—One monthly pay-
ment to the primary or principal care prac-
tice for such beneficiary. 
‘‘(C) PROSPECTIVE
PAYMENT.—The pay-
ments under subparagraph (B) shall be paid on 
a prospective basis. 
‘‘(D) AMOUNT
OF
PAYMENT.—In deter-
mining the amount of such payment under sub-
paragraph (B), the Secretary shall consider the 
following: 
‘‘(i) The clinical work and practice ex-
penses involved in providing the medical 
home services provided by the primary or 
principal care practice (such as providing 
increased access, care coordination, care 
planning, population disease management, 
and teaching self-care skills for managing 
chronic illnesses) for which payment is not 
made under this title as of the date of the 
enactment of this section. 
‘‘(ii) Use appropriate risk-adjustment 
in determining the amount of the per bene-
694 
ficiary per month payment under this 
paragraph. 
‘‘(iii) In the case of the models de-
scribed in subparagraphs (B) and (C) of 
paragraph (4), the Secretary may deter-
mine an appropriate payment amount. 
‘‘(6) INITIAL
IMPLEMENTATION
FUNDING.— 
The Secretary may make available initial implemen-
tation funding to a non-profit community based or 
State-based organization or a State that is partici-
pating in the pilot program under this subsection. 
Such organization shall provide the Secretary with a 
detailed implementation plan that includes how such 
funds will be used. The Secretary shall select a terri-
tory of the United States as one of the locations in 
which to implement the pilot program under this 
subsection, unless no organization in a territory is 
able to comply with the requirements under para-
graph (1)(B). 
‘‘(e) EXPANSION OF PROGRAM.— 
‘‘(1) EVALUATION
OF
COST
AND
QUALITY.— 
The Secretary shall evaluate the pilot program to 
determine— 
‘‘(A) the extent to which medical homes re-
sult in—
695 
‘‘(i) improvement in the quality and 
coordination of items and services under 
this title, particularly with regard to the 
care of complex patients; 
‘‘(ii) improvement in reducing health 
disparities; 
‘‘(iii) reductions in preventable hos-
pitalizations; 
‘‘(iv) prevention of readmissions; 
‘‘(v) reductions in emergency room 
visits; 
‘‘(vi) improvement in health outcomes, 
including patient functional status where 
applicable; 
‘‘(vii) improvement in patient satisfac-
tion; 
‘‘(viii) improved efficiency of care such 
as reducing duplicative diagnostic tests and 
laboratory tests; and 
‘‘(ix) reductions in health care ex-
penditures; and 
‘‘(B) the feasability and advisability of re-
imbursing medical homes for medical home 
services under this title on a permanent basis.
696 
‘‘(2) REPORT.—Not later than 60 days after 
the date of completion of the evaluation under para-
graph (1), the Secretary shall submit to Congress 
and make available to the public a report on the 
findings of the evaluation under paragraph (1) and 
the extent to which standards for the certification of 
medical homes need to be periodically updated. 
‘‘(3) EXPANSION OF PROGRAM.— 
‘‘(A) IN GENERAL.—Subject to the results 
of the evaluation under paragraph (1) and sub-
paragraph (B), the Secretary may issue regula-
tions to implement, on a permanent basis, one 
or more models, if, and to the extent that such 
model or models, are beneficial to the program 
under this title, including that such implemen-
tation will improve quality of care, as deter-
mined by the Secretary. 
‘‘(B) CERTIFICATION REQUIREMENT.—The 
Secretary may not issue such regulations unless 
the Chief Actuary of the Centers for Medicare 
& Medicaid Services certifies that the expansion 
of the components of the pilot program de-
scribed in subparagraph (A) would result in es-
timated spending under this title that would be 
no more than the level of spending that the
697 
Secretary estimates would otherwise be spent 
under this title in the absence of such expan-
sion. 
‘‘(C) UPDATED
STANDARDS.—The Sec-
retary shall periodically review and update the 
standards for qualification as an independent 
patient centered medical home and as a com-
munity based medical home and shall establish 
a process for ensuring that medical homes meet 
such updated standards, as applicable 
‘‘(f) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) NO DUPLICATION IN PAYMENTS FOR INDI-
VIDUALS IN MEDICAL HOMES.—During any month, 
the Secretary may not make payments under this 
section under more than one model or through more 
than one medical home under any model for the fur-
nishing of medical home services to an individual. 
‘‘(2) NO EFFECT ON PAYMENT FOR MEDICAL 
VISITS.—Payments made under this section are in 
addition to, and have no effect on the amount of, 
payment for medical visits made under this title 
‘‘(3) ADMINISTRATION.—Chapter 35 of title 44, 
United States Code, shall not apply to this section. 
‘‘(4) NO
DUPLICATION
IN
PHYSICIAN
PILOT 
PARTICIPATION.—The Secretary shall not make pay-
698 
ments to an independent or community based med-
ical home both under this section and section 1866E 
or 1866G, unless the pilot program under this sec-
tion has been implemented on a permanent basis 
under subsection (e)(3). 
‘‘(5) WAIVER.—The Secretary may waive such 
provisions of this title and title XI in the manner the 
Secretary determines necessary in order to imple-
ment this section. 
‘‘(g) FUNDING.— 
‘‘(1) OPERATIONAL
COSTS.—For purposes of 
administering and carrying out the pilot program 
(including the design, implementation, technical as-
sistance for and evaluation of such program), in ad-
dition to funds otherwise available, there shall be 
transferred from the Federal Supplementary Medical 
Insurance Trust Fund under section 1841 to the 
Secretary for the Centers for Medicare & Medicaid 
Services Program Management Account $6,000,000 
for each of fiscal years 2010 through 2014. 
Amounts appropriated under this paragraph for a 
fiscal year shall be available until expended. 
‘‘(2) 
PATIENT-CENTERED
MEDICAL
HOME 
SERVICES.—In addition to funds otherwise available, 
there shall be available to the Secretary for the Cen-
699 
ters for Medicare & Medicaid Services, from the 
Federal Supplementary Medical Insurance Trust 
Fund under section 1841— 
‘‘(A) $200,000,000 for each of fiscal years 
2010 through 2014 for payments for medical 
home services under subsection (c)(3); and 
‘‘(B) $125,000,000 for each of fiscal years 
2012 through 2016, for payments under sub-
section (d)(5). 
Amounts available under this paragraph for a fiscal 
year shall be available until expended. 
‘‘(3) INITIAL
IMPLEMENTATION.—In addition 
to funds otherwise available, there shall be available 
to the Secretary for the Centers for Medicare & 
Medicaid Services, from the Federal Supplementary 
Medical Insurance Trust Fund under section 1841, 
$2,500,000 for each of fiscal years 2010 through 
2012, under subsection (d)(6). Amounts available 
under this paragraph for a fiscal year shall be avail-
able until expended. 
‘‘(h) TREATMENT OF TRHCA MEDICARE MEDICAL 
HOME DEMONSTRATION FUNDING.— 
‘‘(1) In addition to funds otherwise available for 
payment of medical home services under subsection 
(c)(3), there shall also be available the amount pro-
700 
vided in subsection (g) of section 204 of division B 
of the Tax Relief and Health Care Act of 2006 (42 
U.S.C. 1395b–1 note), as added by section 133 of 
the Medicare Improvements for Patients and Pro-
viders Act of 2008 (Public Law 110–275). 
‘‘(2) Notwithstanding section 1302(c) of the Af-
fordable Health Care for America Act, in addition to 
funds provided in paragraph (1) and subsection 
(g)(2)(A), the funding for medical home services 
that would otherwise have been available if such sec-
tion 204 medical home demonstration had been im-
plemented (without regard to subsection (g) of such 
section) shall be available to the independent pa-
tient-centered medical home model described in sub-
section (c).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to services furnished on or after 
the date of the enactment of this Act. 
(c) CONFORMING REPEAL.—Section 204 of division 
B of the Tax Relief and Health Care Act of 2006 (42 
U.S.C. 1395b–1 note), as amended by section 133(a)(2) 
of the Medicare Improvements for Patients and Providers 
Act of 2008 (Public Law 110–275), is repealed.
701 
SEC. 1303. PAYMENT INCENTIVE FOR SELECTED PRIMARY 
CARE SERVICES. 
(a) IN GENERAL.—Section 1833 of the Social Secu-
rity Act is amended by inserting after subsection (o) the 
following new subsection: 
‘‘(p) PRIMARY CARE PAYMENT INCENTIVES.— 
‘‘(1) IN GENERAL.—In the case of primary care 
services (as defined in paragraph (2)) furnished on 
or after January 1, 2011, by a primary care practi-
tioner (as defined in paragraph (3)) for which 
amounts are payable under section 1848, in addition 
to the amount otherwise paid under this part there 
shall also be paid to the practitioner (or to an em-
ployer or facility in the cases described in clause (A) 
of section 1842(b)(6)) (on a monthly or quarterly 
basis) from the Federal Supplementary Medical In-
surance Trust Fund an amount equal 5 percent (or 
10 percent if the practitioner predominately fur-
nishes such services in an area that is designated 
(under section 332(a)(1)(A) of the Public Health 
Service Act) as a primary care health professional 
shortage area. 
‘‘(2) PRIMARY CARE SERVICES DEFINED.—In 
this subsection, the term ‘primary care services’— 
‘‘(A) mean evaluation and management 
services, without regard to the specialty of the
702 
physician furnishing the services, that are pro-
cedure codes (for services covered under this 
title) for— 
‘‘(i) services in the category des-
ignated Evaluation and Management in the 
Health Care Common Procedure Coding 
System (established by the Secretary under 
section 1848(c)(5) as of December 31, 
2009, and as subsequently modified by the 
Secretary); and 
‘‘(ii) preventive services (as defined in 
section 1861(iii) for which payment is 
made under this section; and 
‘‘(B) includes services furnished by another 
health care professional that would be described 
in subparagraph (A) if furnished by a physi-
cian. 
‘‘(3) 
PRIMARY
CARE
PRACTITIONER
DE-
FINED.—In this subsection, the term ‘primary care 
practitioner’— 
‘‘(A) means a physician or other health 
care practitioner (including a nurse practi-
tioner) who— 
‘‘(i) specializes in family medicine, 
general internal medicine, general pediat-
703 
rics, geriatrics, or obstetrics and gyne-
cology; and 
‘‘(ii) has allowed charges for primary 
care services that account for at least 50 
percent of the physician’s or practitioner’s 
total allowed charges under section 1848, 
as determined by the Secretary for the 
most recent period for which data are 
available; and 
‘‘(B) includes a physician assistant who is 
under the supervision of a physician described 
in subparagraph (A). 
‘‘(4) LIMITATION ON REVIEW.—There shall be 
no administrative or judicial review under section 
1869, section 1878, or otherwise, respecting— 
‘‘(A) any determination or designation 
under this subsection; 
‘‘(B) the identification of services as pri-
mary care services under this subsection; and 
‘‘(C) the identification of a practitioner as 
a primary care practitioner under this sub-
section. 
‘‘(5) 
COORDINATION
WITH
OTHER
PAY-
MENTS.—
704 
‘‘(A) WITH OTHER PRIMARY CARE INCEN-
TIVES.—The provisions of this subsection shall 
not be taken into account in applying sub-
sections (m) and (u) and any payment under 
such subsections shall not be taken into account 
in computing payments under this subsection. 
‘‘(B) WITH
QUALITY
INCENTIVES.—Pay-
ments under this subsection shall not be taken 
into account in determining the amounts that 
would otherwise be paid under this part for 
purposes of section 1834(g)(2)(B).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1833(m) of such Act (42 U.S.C. 
1395l(m)) is amended by redesignating paragraph 
(4) as paragraph (5) and by inserting after para-
graph (3) the following new paragraph: 
‘‘(4) The provisions of this subsection shall not be 
taken into account in applying subsections (m) or (u) and 
any payment under such subsections shall not be taken 
into account in computing payments under this sub-
section.’’. 
(2) Section 1848(m)(5)(B) of such Act (42 
U.S.C. 1395w–4(m)(5)(B)) is amended by inserting 
‘‘, (p),’’ after ‘‘(m)’’.
705 
(3) Section 1848(o)(1)(B)(iv) of such Act (42 
U.S.C. 1395w–4(o)(1)(B)(iv)) is amended by insert-
ing ‘‘primary care’’ before ‘‘health professional 
shortage area’’. 
SEC. 1304. INCREASED REIMBURSEMENT RATE FOR CER-
TIFIED NURSE-MIDWIVES. 
(a) IN GENERAL.—Section 1833(a)(1)(K) of the So-
cial Security Act (42 U.S.C.1395l(a)(1)(K)) is amended 
by striking ‘‘(but in no event’’ and all that follows through 
‘‘performed by a physician)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to services furnished on or after 
January 1, 2011. 
SEC. 1305. COVERAGE AND WAIVER OF COST-SHARING FOR 
PREVENTIVE SERVICES. 
(a) MEDICARE COVERED PREVENTIVE SERVICES DE-
FINED.—Section 1861 of the Social Security Act (42 
U.S.C. 1395x), as amended by section 1233(a)(1)(B), is 
amended by adding at the end the following new sub-
section: 
‘‘Medicare Covered Preventive Services 
‘‘(iii)(1) Subject to the succeeding provisions of this 
subsection, the term ‘Medicare covered preventive services’ 
means the following:
706 
‘‘(A) Prostate cancer screening tests (as defined 
in subsection (oo)). 
‘‘(B) Colorectal cancer screening tests (as de-
fined in subsection (pp). 
‘‘(C) 
Diabetes 
outpatient 
self-management 
training services (as defined in subsection (qq)). 
‘‘(D) Screening for glaucoma for certain indi-
viduals (as described in subsection (s)(2)(U)). 
‘‘(E) Medical nutrition therapy services for cer-
tain 
individuals 
(as 
described 
in 
subsection 
(s)(2)(V)). 
‘‘(F) An initial preventive physical examination 
(as defined in subsection (ww)). 
‘‘(G) Cardiovascular screening blood tests (as 
defined in subsection (xx)(1)). 
‘‘(H) Diabetes screening tests (as defined in 
subsection (yy)). 
‘‘(I) Ultrasound screening for abdominal aortic 
aneurysm for certain individuals (as described in 
subsection (s)(2)(AA)). 
‘‘(J) Federally approved and recommended vac-
cines and their administration as described in sub-
section (s)(10). 
‘‘(K) Screening mammography (as defined in 
subsection (jj)).
707 
‘‘(L) Screening pap smear and screening pelvic 
exam (as defined in subsection (nn)). 
‘‘(M) Bone mass measurement (as defined in 
subsection (rr)). 
‘‘(N) Kidney disease education services (as de-
fined in subsection (ggg)). 
‘‘(O) Additional preventive services (as defined 
in subsection (ddd)). 
‘‘(2) With respect to specific Medicare covered pre-
ventive services, the limitations and conditions described 
in the provisions referenced in paragraph (1) with respect 
to such services shall apply.’’. 
(b) PAYMENT
AND ELIMINATION
OF COST-SHAR-
ING.— 
(1) IN GENERAL.— 
(A) IN GENERAL.—Section 1833(a) of the 
Social Security Act (42 U.S.C. 1395l(a)) is 
amended by adding after and below paragraph 
(9) the following: 
‘‘With respect to Medicare covered preventive services, in 
any case in which the payment rate otherwise provided 
under this part is computed as a percent of less than 100 
percent of an actual charge, fee schedule rate, or other 
rate, such percentage shall be increased to 100 percent.’’.
708 
(B) APPLICATION
TO
SIGMOIDOSCOPIES 
AND COLONOSCOPIES.—Section 1834(d) of such 
Act (42 U.S.C. 1395m(d)) is amended— 
(i) in paragraph (2)(C), by amending 
clause (ii) to read as follows: 
‘‘(ii) NO COINSURANCE.—In the case 
of a beneficiary who receives services de-
scribed in clause (i), there shall be no coin-
surance applied.’’; and 
(ii) in paragraph (3)(C), by amending 
clause (ii) to read as follows: 
‘‘(ii) NO COINSURANCE.—In the case 
of a beneficiary who receives services de-
scribed in clause (i), there shall be no coin-
surance applied.’’. 
(2) ELIMINATION
OF
COINSURANCE
IN
OUT-
PATIENT HOSPITAL SETTINGS.— 
(A) EXCLUSION FROM OPD FEE SCHED-
ULE.—Section 1833(t)(1)(B)(iv) of the Social 
Security Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is 
amended by striking ‘‘screening mammography 
(as defined in section 1861(jj)) and diagnostic 
mammography’’ 
and 
inserting 
‘‘diagnostic 
mammograms and Medicare covered preventive 
services (as defined in section 1861(iii)(1))’’.
709 
(B) CONFORMING AMENDMENTS.—Section 
1833(a)(2) of the Social Security Act (42 
U.S.C. 1395l(a)(2)) is amended— 
(i) in subparagraph (F), by striking 
‘‘and’’ after the semicolon at the end; 
(ii) in subparagraph (G), by adding 
‘‘and’’ at the end; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(H) with respect to additional preventive 
services (as defined in section 1861(ddd)) fur-
nished by an outpatient department of a hos-
pital, the amount determined under paragraph 
(1)(W);’’. 
(3) WAIVER OF APPLICATION OF DEDUCTIBLE 
FOR
ALL
PREVENTIVE
SERVICES.—The first sen-
tence of section 1833(b) of the Social Security Act 
(42 U.S.C. 1395l(b)) is amended— 
(A) in clause (1), by striking ‘‘items and 
services described in section 1861(s)(10)(A)’’ 
and inserting ‘‘Medicare covered preventive 
services (as defined in section 1861(iii))’’; 
(B) by inserting ‘‘and’’ before ‘‘(4)’’; and 
(C) by striking clauses (5) through (8).
710 
(4) APPLICATION
TO
PROVIDERS
OF
SERV-
ICES.—Section 1866(a)(2)(A)(ii) of such Act (42 
U.S.C. 1395cc(a)(2)(A)(ii)) is amended by inserting 
‘‘other than for Medicare covered preventive services 
and’’ after ‘‘for such items and services (’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to services furnished on or after 
January 1, 2011. 
(d) PREVENTIVE SERVICES.— 
(1) REPORT TO CONGRESS ON BARRIERS TO 
PREVENTIVE SERVICES.—Not later than 12 months 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall report to 
Congress on barriers, if any, facing Medicare bene-
ficiaries in accessing the benefit to abdominal aortic 
aneurysm screening and other preventative services 
through the Welcome to Medicare Physical Exam. 
(2) ABDOMINAL AORTIC ANEURYSM SCREEN AC-
CESS.—The Secretary shall, to the extent practical, 
identify and implement policies promoting proper 
use of abdominal aortic aneurysm screening among 
Medicare beneficiaries at risk for such aneurysms.
711 
SEC. 1306. WAIVER OF DEDUCTIBLE FOR COLORECTAL 
CANCER SCREENING TESTS REGARDLESS OF 
CODING, SUBSEQUENT DIAGNOSIS, OR ANCIL-
LARY TISSUE REMOVAL. 
(a) IN GENERAL.—Section 1833 of the Social Secu-
rity Act (42 U.S.C. 1395l(b)), as amended by section 
1305(b), is further amended— 
(1) in subsection (a), in the sentence added by 
section 1305(b)(1)(A), by inserting ‘‘(including serv-
ices described in the last sentence of section 
1833(b))’’ after ‘‘preventive services’’; and 
(2) in subsection (b), by adding at the end the 
following new sentence: ‘‘Clause (1) of the first sen-
tence of this subsection shall apply with respect to 
a colorectal cancer screening test regardless of the 
code that is billed for the establishment of a diag-
nosis as a result of the test, or for the removal of 
tissue or other matter or other procedure that is fur-
nished in connection with, as a result of, and in the 
same clinical encounter as, the screening test.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to items and services furnished 
on or after January 1, 2011.
712 
SEC. 1307. EXCLUDING CLINICAL SOCIAL WORKER SERV-
ICES FROM COVERAGE UNDER THE MEDI-
CARE SKILLED NURSING FACILITY PROSPEC-
TIVE PAYMENT SYSTEM AND CONSOLIDATED 
PAYMENT. 
(a) IN GENERAL.—Section 1888(e)(2)(A)(ii) of the 
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is 
amended by inserting ‘‘clinical social worker services,’’ 
after ‘‘qualified psychologist services,’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
1861(hh)(2) of the Social Security Act (42 U.S.C. 
1395x(hh)(2)) is amended by striking ‘‘and other than 
services furnished to an inpatient of a skilled nursing facil-
ity which the facility is required to provide as a require-
ment for participation’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items and services furnished on 
or after October 1, 2010. 
SEC. 1308. COVERAGE OF MARRIAGE AND FAMILY THERA-
PIST SERVICES AND MENTAL HEALTH COUN-
SELOR SERVICES. 
(a) COVERAGE OF MARRIAGE AND FAMILY THERA-
PIST SERVICES.— 
(1) 
COVERAGE
OF
SERVICES.—Section 
1861(s)(2) of the Social Security Act (42 U.S.C.
713 
1395x(s)(2)), as amended by section 1235, is 
amended— 
(A) in subparagraph (EE), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (FF), by adding 
‘‘and’’ at the end; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(GG) marriage and family therapist serv-
ices (as defined in subsection (jjj));’’. 
(2) DEFINITION.—Section 1861 of the Social 
Security Act (42 U.S.C. 1395x), as amended by sec-
tions 1233 and 1305, is amended by adding at the 
end the following new subsection: 
‘‘Marriage and Family Therapist Services 
‘‘(jjj)(1) The term ‘marriage and family therapist 
services’ means services performed by a marriage and 
family therapist (as defined in paragraph (2)) for the diag-
nosis and treatment of mental illnesses, which the mar-
riage and family therapist is legally authorized to perform 
under State law (or the State regulatory mechanism pro-
vided by State law) of the State in which such services 
are performed, as would otherwise be covered if furnished 
by a physician or as incident to a physician’s professional 
service, but only if no facility or other provider charges
714 
or is paid any amounts with respect to the furnishing of 
such services. 
‘‘(2) The term ‘marriage and family therapist’ means 
an individual who— 
‘‘(A) possesses a master’s or doctoral degree 
which qualifies for licensure or certification as a 
marriage and family therapist pursuant to State 
law; 
‘‘(B) after obtaining such degree has performed 
at least 2 years of clinical supervised experience in 
marriage and family therapy; and 
‘‘(C) is licensed or certified as a marriage and 
family therapist in the State in which marriage and 
family therapist services are performed.’’. 
(3) PROVISION
FOR
PAYMENT
UNDER
PART 
B.—Section 1832(a)(2)(B) of the Social Security 
Act (42 U.S.C. 1395k(a)(2)(B)) is amended by add-
ing at the end the following new clause: 
‘‘(v) marriage and family therapist 
services;’’. 
(4) AMOUNT OF PAYMENT.— 
(A) IN GENERAL.—Section 1833(a)(1) of 
the Social Security Act (42 U.S.C. 1395l(a)(1)) 
is amended—
715 
(i) by striking ‘‘and’’ before ‘‘(W)’’; 
and 
(ii) by inserting before the semicolon 
at the end the following: ‘‘, and (X) with 
respect to marriage and family therapist 
services under section 1861(s)(2)(GG), the 
amounts paid shall be 80 percent of the 
lesser of the actual charge for the services 
or 75 percent of the amount determined 
for payment of a psychologist under clause 
(L)’’. 
(B) DEVELOPMENT OF CRITERIA WITH RE-
SPECT
TO
CONSULTATION
WITH
A
HEALTH 
CARE PROFESSIONAL.—The Secretary of Health 
and Human Services shall, taking into consider-
ation concerns for patient confidentiality, de-
velop criteria with respect to payment for mar-
riage and family therapist services for which 
payment may be made directly to the marriage 
and family therapist under part B of title 
XVIII of the Social Security Act (42 U.S.C. 
1395j et seq.) under which such a therapist 
must agree to consult with a patient’s attending 
or primary care physician or nurse practitioner 
in accordance with such criteria.
716 
(5) EXCLUSION
OF
MARRIAGE
AND
FAMILY 
THERAPIST SERVICES FROM SKILLED NURSING FA-
CILITY
PROSPECTIVE
PAYMENT
SYSTEM.—Section 
1888(e)(2)(A)(ii) of the Social Security Act (42 
U.S.C. 1395yy(e)(2)(A)(ii)), as amended by section 
1307(a), is amended by inserting ‘‘marriage and 
family therapist services (as defined in subsection 
(jjj)(1)),’’ after ‘‘clinical social worker services,’’. 
(6) COVERAGE
OF
MARRIAGE
AND
FAMILY 
THERAPIST SERVICES PROVIDED IN RURAL HEALTH 
CLINICS AND FEDERALLY QUALIFIED HEALTH CEN-
TERS.—Section 1861(aa)(1)(B) of the Social Secu-
rity Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by 
striking ‘‘or by a clinical social worker (as defined 
in subsection (hh)(1)),’’ and inserting ‘‘, by a clinical 
social worker (as defined in subsection (hh)(1)), or 
by a marriage and family therapist (as defined in 
subsection (jjj)(2)),’’. 
(7) INCLUSION
OF
MARRIAGE
AND
FAMILY 
THERAPISTS
AS
PRACTITIONERS
FOR
ASSIGNMENT 
OF CLAIMS.—Section 1842(b)(18)(C) of the Social 
Security Act (42 U.S.C. 1395u(b)(18)(C)) is amend-
ed by adding at the end the following new clause: 
‘‘(vii) A marriage and family therapist (as de-
fined in section 1861(jjj)(2)).’’.
717 
(b) COVERAGE OF MENTAL HEALTH COUNSELOR 
SERVICES.— 
(1) 
COVERAGE
OF
SERVICES.—Section 
1861(s)(2) of the Social Security Act (42 U.S.C. 
1395x(s)(2)), as previously amended, is further 
amended— 
(A) in subparagraph (FF), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (GG), by inserting 
‘‘and’’ at the end; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(HH) mental health counselor services (as de-
fined in subsection (kkk)(1));’’. 
(2) DEFINITION.—Section 1861 of the Social 
Security Act (42 U.S.C. 1395x), as previously 
amended, is amended by adding at the end the fol-
lowing new subsection: 
‘‘Mental Health Counselor Services 
‘‘(kkk)(1) The term ‘mental health counselor services’ 
means services performed by a mental health counselor (as 
defined in paragraph (2)) for the diagnosis and treatment 
of mental illnesses which the mental health counselor is 
legally authorized to perform under State law (or the 
State regulatory mechanism provided by the State law) of
718 
the State in which such services are performed, as would 
otherwise be covered if furnished by a physician or as inci-
dent to a physician’s professional service, but only if no 
facility or other provider charges or is paid any amounts 
with respect to the furnishing of such services. 
‘‘(2) The term ‘mental health counselor’ means an 
individual who— 
‘‘(A) possesses a master’s or doctor’s degree 
which qualifies the individual for licensure or certifi-
cation for the practice of mental health counseling in 
the State in which the services are performed; 
‘‘(B) after obtaining such a degree has per-
formed at least 2 years of supervised mental health 
counselor practice; and 
‘‘(C) is licensed or certified as a mental health 
counselor or professional counselor by the State in 
which the services are performed.’’. 
(3) PROVISION
FOR
PAYMENT
UNDER
PART 
B.—Section 1832(a)(2)(B) of the Social Security 
Act (42 U.S.C. 1395k(a)(2)(B)), as amended by 
subsection (a)(3), is further amended— 
(A) by striking ‘‘and’’ at the end of clause 
(iv); 
(B) by adding ‘‘and’’ at the end of clause 
(v); and
719 
(C) by adding at the end the following new 
clause: 
‘‘(vi) mental health counselor serv-
ices;’’. 
(4) AMOUNT OF PAYMENT.— 
(A) IN GENERAL.—Section 1833(a)(1) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1395l(a)(1)), as amended by subsection (a), is 
further amended— 
(i) by striking ‘‘and’’ before ‘‘(X)’’; 
and 
(ii) by inserting before the semicolon 
at the end the following: ‘‘, and (Y), with 
respect to mental health counselor services 
under 
section 
1861(s)(2)(HH), 
the 
amounts paid shall be 80 percent of the 
lesser of the actual charge for the services 
or 75 percent of the amount determined 
for payment of a psychologist under clause 
(L)’’. 
(B) DEVELOPMENT OF CRITERIA WITH RE-
SPECT TO CONSULTATION WITH A PHYSICIAN.— 
The Secretary of Health and Human Services 
shall, taking into consideration concerns for pa-
tient confidentiality, develop criteria with re-
720 
spect to payment for mental health counselor 
services for which payment may be made di-
rectly to the mental health counselor under part 
B of title XVIII of the Social Security Act (42 
U.S.C. 1395j et seq.) under which such a coun-
selor must agree to consult with a patient’s at-
tending or primary care physician in accordance 
with such criteria. 
(5) EXCLUSION
OF
MENTAL
HEALTH
COUN-
SELOR SERVICES FROM SKILLED NURSING FACILITY 
PROSPECTIVE
PAYMENT
SYSTEM.—Section 
1888(e)(2)(A)(ii) of the Social Security Act (42 
U.S.C. 1395yy(e)(2)(A)(ii)), as amended by section 
1307(a) and subsection (a), is amended by inserting 
‘‘mental health counselor services (as defined in sec-
tion 1861(kkk)(1)),’’ after ‘‘marriage and family 
therapist 
services 
(as 
defined 
in 
subsection 
(jjj)(1)),’’. 
(6) COVERAGE
OF
MENTAL
HEALTH
COUN-
SELOR
SERVICES
PROVIDED
IN
RURAL
HEALTH 
CLINICS AND FEDERALLY QUALIFIED HEALTH CEN-
TERS.—Section 1861(aa)(1)(B) of the Social Secu-
rity Act (42 U.S.C. 1395x(aa)(1)(B)), as amended 
by subsection (a), is amended by striking ‘‘or by a 
marriage and family therapist (as defined in sub-
721 
section (jjj)(2)),’’ and inserting ‘‘by a marriage and 
family therapist (as defined in subsection (jjj)(2)), 
or a mental health counselor (as defined in sub-
section (kkk)(2)),’’. 
(7) INCLUSION
OF
MENTAL
HEALTH
COUN-
SELORS
AS
PRACTITIONERS
FOR
ASSIGNMENT
OF 
CLAIMS.—Section 1842(b)(18)(C) of the Social Se-
curity Act (42 U.S.C. 1395u(b)(18)(C)), as amended 
by subsection (a)(7), is amended by adding at the 
end the following new clause: 
‘‘(viii) A mental health counselor (as defined in 
section 1861(kkk)(2)).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items and services furnished on 
or after January 1, 2011. 
SEC. 1309. EXTENSION OF PHYSICIAN FEE SCHEDULE MEN-
TAL HEALTH ADD-ON. 
Section 138(a)(1) of the Medicare Improvements for 
Patients and Providers Act of 2008 (Public Law 110–275) 
is amended by striking ‘‘December 31, 2009’’ and insert-
ing ‘‘December 31, 2011’’. 
SEC. 1310. EXPANDING ACCESS TO VACCINES. 
(a) IN
GENERAL.—Paragraph (10) of section 
1861(s) of the Social Security Act (42 U.S.C. 1395w(s)) 
is amended to read as follows:
722 
‘‘(10) federally approved and recommended vac-
cines (as defined in subsection (lll)) and their re-
spective administration;’’. 
(b) FEDERALLY APPROVED
AND RECOMMENDED 
VACCINES DEFINED.—Section 1861 of such Act is further 
amended by adding at the end the following new sub-
section: 
‘‘Federally Approved and Recommended Vaccines 
‘‘(lll) The term ‘federally approved and recommended 
vaccine’ means a vaccine that— 
‘‘(1) is licensed under section 351 of the Public 
Health Service Act, approved under the Federal 
Food, Drug, and Cosmetic Act, or authorized for 
emergency use under section 564 of the Federal, 
Food, Drug, and Cosmetic Act; and 
‘‘(2) is recommended by the Director of the 
Centers for Disease Control and Prevention.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 1833 of such Act (42 U.S.C. 1395l) 
is amended, in each of subsections (a)(1)(B), 
(a)(2)(G), 
and 
(a)(3)(A), 
by 
striking 
‘‘1861(s)(10)(A)’’ and inserting ‘‘1861(s)(10)’’ each 
place it appears. 
(2) Section 1842(o)(1)(A)(iv) of such Act (42 
U.S.C. 1395u(o)(1)(A)(iv)) is amended—
723 
(A) by striking ‘‘subparagraph (A) or (B) 
of’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘and before January 1, 2011, and influ-
enza vaccines furnished on or after January 1, 
2011’’. 
(3) Section 1847A(c)(6) of such Act (42 U.S.C. 
1395w–3a(c)(6)) is amended— 
(A) in subparagraph (D)(i), by inserting ‘‘, 
including a vaccine furnished on or after Janu-
ary 1, 2010’’; and 
(B) by the following new paragraph: 
‘‘(H) IMPLEMENTATION.—Chapter 35 of 
title 44, United States Code, shall not apply to 
manufacturer provision of information pursuant 
to section 1927(b)(3)(A)(iii) or subsection 
(f)(2) for purposes of implementation of this 
section.’’. 
(4) Section 1860D–2(e)(1) of such Act (42 
U.S.C. 1395w–102(e)(1)) is amended by striking 
‘‘such term includes a vaccine’’ and all that follows 
through ‘‘its administration) and’’. 
(5) Section 1861(ww)(2)(A) of such Act (42 
U.S.C. 1395x(ww)(2)(A))) is amended by striking 
‘‘Pneumococcal, influenza, and hepatitis B vaccine
724 
and administration’’ and inserting ‘‘federally ap-
proved or authorized vaccines (as defined in sub-
section (lll)) and their respective administration’’. 
(6) Section 1927(b)(3)(A)(iii) of such Act (42 
U.S.C. 1396r–8(b)(3)(A)(iii)) is amended, in the 
matter following subclause (III), by inserting 
‘‘(A)(iv) (including influenza vaccines furnished on 
or after January 1, 2011),’’ after ‘‘described in sub-
paragraph’’. 
(7) Section 1847A(f) of such Act (42 U.S.C. 
1395w–3a(f)) is amended— 
(A) by striking ‘‘For’’ and inserting ‘‘(1) 
IN GENERAL.—For’’; 
(B) by indenting paragraph (1), as redes-
ignated in subparagraph (A), 2 ems to the left; 
and— 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) TREATMENT OF CERTAIN MANUFACTUR-
ERS.—In the case of a manufacturer of a drug or 
biological described in subparagraphs (A)(iv), (C), 
(D), (E), or (G) of section 1842(o)(1) that does not 
have a rebate agreement under section 1927(a), no 
payment may be made under this part for such drug 
or biological if such manufacturer does not submit
725 
the 
information 
described 
in 
section 
1927(b)(3)(A)(iii) in the same manner as if the 
manufacturer had such a rebate agreement in effect. 
Subparagraphs (C) and (D) of section 1927(b)(3) 
shall apply to information reported pursuant to the 
previous sentence in the same manner as such sub-
paragraphs apply with respect to information re-
ported pursuant to such section.’’.’’. 
(d) EFFECTIVE DATES.—The amendments made— 
(1) by this section (other than by subsection 
(c)(6)) shall apply to vaccines administered on or 
after January 1, 2011; and 
(2) by subsection (c)(6) shall apply to calendar 
quarters beginning on or after January 1, 2010. 
SEC. 1311. EXPANSION OF MEDICARE-COVERED PREVEN-
TIVE SERVICES AT FEDERALLY QUALIFIED 
HEALTH CENTERS. 
(a) IN GENERAL.—Section 1861(aa)(3)(A) of the So-
cial Security Act (42 U.S.C. 1395w (aa)(3)(A)) is amend-
ed to read as follows:
‘‘(A) services of the type described sub-
paragraphs (A) through (C) of paragraph (1) 
and services described in section 1861(iii); 
and’’.
726 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply not later than January 1, 2011. 
SEC. 1312. INDEPENDENCE AT HOME DEMONSTRATION 
PROGRAM. 
Title XVIII of the Social Security Act is amended by 
inserting after section 1866F, as inserted by section 1302, 
the following new section: 
‘‘INDEPENDENCE AT HOME MEDICAL PRACTICE 
DEMONSTRATION PROGRAM 
‘‘SEC. 1866G. (a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a demonstration program (in this section re-
ferred to as the ‘demonstration program’) to test a 
payment incentive and service delivery model that 
utilizes physician and nurse practitioner directed 
home-based primary care teams designed to reduce 
expenditures and improve health outcomes in the 
provision of items and services under this title to ap-
plicable beneficiaries (as defined in subsection (d)). 
‘‘(2) REQUIREMENT.—The demonstration pro-
gram shall test whether a model described in para-
graph (1), which is accountable for providing com-
prehensive, coordinated, continuous, and accessible 
care to high-need populations at home and coordi-
nating health care across all treatment settings, re-
sults in—
727 
‘‘(A) reducing preventable hospitalizations; 
‘‘(B) preventing hospital readmissions; 
‘‘(C) reducing emergency room visits; 
‘‘(D) improving health outcomes commen-
surate with the beneficiaries’ stage of chronic 
illness; 
‘‘(E) improving the efficiency of care, such 
as by reducing duplicative diagnostic and lab-
oratory tests; 
‘‘(F) reducing the cost of health care serv-
ices covered under this title; and 
‘‘(G) achieving beneficiary and family care-
giver satisfaction. 
‘‘(b) INDEPENDENCE
AT HOME MEDICAL PRAC-
TICE.— 
‘‘(1) INDEPENDENCE AT HOME MEDICAL PRAC-
TICE DEFINED.—In this section: 
‘‘(A) IN GENERAL.—The term ‘independ-
ence at home medical practice’ means a legal 
entity that— 
‘‘(i) is comprised of an individual phy-
sician or nurse practitioner or group of 
physicians and nurse practitioners that 
provides care as part of a team that in-
cludes physicians, nurses, physician assist-
728 
ants, pharmacists, and other health and 
social services staff as appropriate who 
have experience providing home-based pri-
mary care to applicable beneficiaries, make 
in-home visits, and are available 24 hours 
per day, 7 days per week to carry out 
plans of care that are tailored to the indi-
vidual beneficiary’s chronic conditions and 
designed to achieve the results in sub-
section (a); 
‘‘(ii) is organized at least in part for 
the purpose of providing physicians’ serv-
ices; 
‘‘(iii) has documented experience in 
providing home-based primary care serv-
ices to high cost chronically ill bene-
ficiaries, as determined appropriate by the 
Secretary; 
‘‘(iv) includes at least 200 applicable 
beneficiaries as defined in subsection (d); 
‘‘(v) has entered into an agreement 
with the Secretary; 
‘‘(vi) uses electronic health informa-
tion systems, remote monitoring, and mo-
bile diagnostic technology; and
729 
‘‘(vii) meets such other criteria as the 
Secretary determines to be appropriate to 
participate in the demonstration program. 
‘‘(B) PHYSICIAN.—The term ‘physician’ in-
cludes, except as the Secretary may otherwise 
provide, any individual who furnishes services 
for which payment may be made as physicians’ 
services and has the medical training or experi-
ence to fulfill the physician’s role described in 
subparagraph (A)(i). 
‘‘(2) PARTICIPATION OF NURSE PRACTITIONERS 
AND PHYSICIAN ASSISTANTS.—Nothing in this sec-
tion shall be construed to prevent a nurse practi-
tioner or physician assistant from participating in, 
or leading, a home-based primary care team as part 
of an independence at home medical practice if— 
‘‘(A) all the requirements of this section 
are met; 
‘‘(B) the nurse practitioner or physician 
assistant, as the case may be, is acting con-
sistent with State law; and 
‘‘(C) the nurse practitioner or physician 
assistant has the medical training or experience 
to fulfill the nurse practitioner or physician as-
sistant role described in paragraph (1)(A)(i).
730 
‘‘(3) INCLUSION OF PROVIDERS AND PRACTI-
TIONERS.—Nothing in this subsection shall be con-
strued as preventing an independence at home med-
ical practice from including a provider of services or 
a participating practitioner described in section 
1842(b)(18)(C) that is affiliated with the practice 
under an arrangement structured so that such pro-
vider of services or practitioner participates in the 
demonstration program and shares in any savings 
under the demonstration program. 
‘‘(4) QUALITY
AND
PERFORMANCE
STAND-
ARDS.— 
‘‘(A) IN
GENERAL.—An independence at 
home medical practice participating in the dem-
onstration program shall report on quality 
measures (in such form, manner, and frequency 
as specified by the Secretary, which may be for 
the group, for providers of services and sup-
pliers, or both) and report to the Secretary (in 
a form, manner, and frequency as specified by 
the Secretary) such data as the Secretary deter-
mines appropriate to monitor and evaluate the 
demonstration program. 
‘‘(B) DEVELOPMENT
OF
QUALITY
PER-
FORMANCE
STANDARDS.—The Secretary shall
731 
develop quality performance standards for inde-
pendence at home medical practices partici-
pating in the demonstration program. 
‘‘(c) SHARED SAVINGS PAYMENT METHODOLOGY.— 
‘‘(1) ESTABLISHMENT
OF
TARGET
SPENDING 
LEVEL.—The Secretary shall establish annual target 
spending levels for items and services covered under 
parts A and B furnished to applicable beneficiaries 
by qualifying independence at home medical prac-
tices under this section. The Secretary may set an 
aggregate target spending level for all qualifying 
practices, or may set different target spending levels 
for groups of practices or a single practice. Such 
target spending levels may be determined on a per 
capita basis and shall take into account normal vari-
ation in expenditures for items and services covered 
under parts A and B furnished to such beneficiaries. 
The target shall also be adjusted for the size of the 
practice, number of practices included in the target 
spending level, characteristics of applicable bene-
ficiaries and such other factors as the Secretary de-
termines appropriate. The Secretary may periodi-
cally adjust or rebase the target spending level 
under this paragraph. 
‘‘(2) SHARED SAVINGS AMOUNTS.—
732 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), qualifying independence at home 
medical practices are eligible to receive an in-
centive payment under this section if aggregate 
expenditures for a year for applicable bene-
ficiaries are less than the target spending level 
for qualifying independence at home medical 
practices for such year. An incentive payment 
for such year shall be equal to a portion (as de-
termined by the Secretary) of the amount by 
which total payments for applicable bene-
ficiaries under parts A and B for such year are 
estimated to be less than 5 percent less than 
the target spending level for such year, as de-
termined by the Secretary. 
‘‘(B) APPORTIONMENT OF SAVINGS.—The 
Secretary shall designate how, and to what ex-
tent, an incentive payment under this section is 
to be apportioned among qualifying independ-
ence at home medical practices, taking into ac-
count the size of the practice, characteristics of 
the individuals enrolled in each practice, per-
formance on quality performance measures, and 
such other factors as the Secretary determines 
appropriate.
733 
‘‘(3) SAVINGS TO THE MEDICARE PROGRAM.— 
The Secretary shall limit incentive payments to each 
qualifying independence at home medical practice 
under this paragraph, with respect to a year, as nec-
essary to ensure that the aggregate expenditures for 
items and services under parts A and B with respect 
to applicable beneficiaries for such independence at 
home medical practice (inclusive of shared savings 
payments) do not exceed the amount that the Sec-
retary estimates would be expended for such items 
and services for such beneficiaries during such year 
(taking into account normal variation in expendi-
tures and other factors the Secretary deems appro-
priate) if the demonstration program under this sec-
tion were not implemented, minus 5 percent. 
‘‘(d) APPLICABLE BENEFICIARIES.— 
‘‘(1) DEFINITION.—In this section, the term 
‘applicable beneficiary’ means, with respect to a 
qualifying independence at home medical practice, 
an individual who the practice has determined— 
‘‘(A) is entitled to benefits under part A 
and enrolled for benefits under part B; 
‘‘(B) is not enrolled in a Medicare Advan-
tage plan under part C or a PACE program 
under section 1894;
734 
‘‘(C) has 2 or more chronic illnesses, such 
as congestive heart failure, diabetes, other de-
mentias designated by the Secretary, chronic 
obstructive pulmonary disease, ischemic heart 
disease, 
stroke, 
Alzheimer’s 
Disease 
and 
neurodegenerative diseases, and other diseases 
and conditions designated by the Secretary 
which result in high costs under this title; 
‘‘(D) within the past 12 months has had a 
nonelective hospital admission; 
‘‘(E) within the past 12 months has re-
ceived acute or subacute rehabilitation services; 
‘‘(F) has 2 or more functional depend-
encies requiring the assistance of another per-
son (such as bathing, dressing, toileting, walk-
ing, or feeding); and 
‘‘(G) meets such other criteria as the Sec-
retary determines appropriate. 
‘‘(2) PATIENT
ELECTION
TO
PARTICIPATE.— 
The Secretary shall determine an appropriate meth-
od of ensuring that applicable beneficiaries have 
agreed to enroll in an independence at home medical 
practice under the demonstration program. Enroll-
ment in the demonstration program shall be vol-
untary.
735 
‘‘(3) BENEFICIARY
ACCESS
TO
SERVICES.— 
Nothing in this section shall be construed as encour-
aging physicians or nurse practitioners to limit ap-
plicable beneficiary access to services covered under 
this title and applicable beneficiaries shall not be re-
quired to relinquish access to any benefit under this 
title as a condition of receiving services from an 
independence at home medical practice. 
‘‘(e) IMPLEMENTATION.— 
‘‘(1) STARTING DATE.—The demonstration pro-
gram shall begin not later than January 1, 2012. An 
agreement with an independence at home medical 
practice under the demonstration program may 
cover not more than a 3-year period. 
‘‘(2) NO
PHYSICIAN
DUPLICATION
IN
DEM-
ONSTRATION PARTICIPATION.—The Secretary shall 
not pay an independence at home medical practice 
under this section that participates in section 1866D 
or section 1866E. 
‘‘(3) NO BENEFICIARY DUPLICATION IN DEM-
ONSTRATION PARTICIPATION.—The Secretary shall 
ensure that no applicable beneficiary enrolled in an 
independence at home medical practice under this 
section is participating in the programs under sec-
tion 1866D or section 1866E.
736 
‘‘(4) PREFERENCE.—In approving an independ-
ence at home medical practice, the Secretary shall 
give preference to practices that are— 
‘‘(A) located in high-cost areas of the 
country; 
‘‘(B) have experience in furnishing health 
care services to applicable beneficiaries in the 
home; and 
‘‘(C) use electronic medical records, health 
information technology, and individualized plans 
of care. 
‘‘(5) NUMBER OF PRACTICES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall enter into agree-
ments with as many independence at home me-
dial practices as practicable and consistent with 
this subsection to test the potential of the inde-
pendence at home medical practice model under 
this section in order to achieve the results de-
scribed in subsection (a) across practices serv-
ing varying numbers of applicable beneficiaries. 
‘‘(B) LIMITATION.—In selecting qualified 
independence at home medial practices to par-
ticipate under the demonstration program, the 
Secretary shall limit the number of applicable
737 
beneficiaries that may participate in the dem-
onstration program to 10,000. 
‘‘(6) WAIVER.—The Secretary may waive such 
provisions of this title and title XI as the Secretary 
determines necessary in order to implement the dem-
onstration program. 
‘‘(7) ADMINISTRATION.—Chapter 35 of title 44, 
United States Code, shall not apply to this section. 
‘‘(f) EVALUATION AND MONITORING.— 
‘‘(1) IN GENERAL.—The Secretary shall evalu-
ate each independence at home medical practice 
under the demonstration program to assess whether 
the practice achieved the results described in sub-
section (a). 
‘‘(2) 
FOLLOWING
APPLICABLE
BENE-
FICIARIES.—The Secretary may monitor data on ex-
penditures and quality of services under this title 
after an applicable beneficiary discontinues receiving 
services under this title through a qualifying inde-
pendence at home medical practice. 
‘‘(g) REPORTS TO CONGRESS.—The Secretary shall 
conduct an independent evaluation of the demonstration 
program and submit to Congress a final report, including 
best practices under the demonstration program. Such re-
port shall include an analysis of the demonstration pro-
738 
gram on coordination of care, expenditures under this 
title, applicable beneficiary access to services, and the 
quality of health care services provided to applicable bene-
ficiaries. 
‘‘(h) FUNDING.—For purposes of administering and 
carrying out the demonstration program, other than for 
payments for items and services furnished under this title 
and shared savings under subsection (c), in addition to 
funds otherwise appropriated, there shall be transferred 
to the Secretary for the Center for Medicare & Medicaid 
Services Program Management Account from the Federal 
Hospital Insurance Trust Fund under section 1817 and 
the Federal Supplementary Medical Insurance Trust 
Fund under section 1841 $5,000,000 for each of fiscal 
years 2010 through 2015. Amounts transferred under this 
subsection for a fiscal year shall be available until ex-
pended. 
‘‘(i) ANTIDISCRIMINATION LIMITATION.—The Sec-
retary shall not enter into an agreement with an entity 
to provide health care items or services under the dem-
onstration program unless such entity guarantees that for 
individuals eligible to be enrolled in such program, the en-
tity will not deny, limit, or condition the coverage or provi-
sion of benefits to which the individual would have other-
739 
wise been entitled to on the basis of health status if not 
included in this program. 
‘‘(j) TERMINATION.—The Secretary may terminate 
an agreement with an independence at home medical prac-
tice if such practice does not receive incentive payments 
under subsection (c)(2) or consistently fails to meet qual-
ity standards.’’. 
SEC. 1313. RECOGNITION OF CERTIFIED DIABETES EDU-
CATORS AS CERTIFIED PROVIDERS FOR PUR-
POSES OF MEDICARE DIABETES OUTPATIENT 
SELF-MANAGEMENT TRAINING SERVICES. 
(a) IN GENERAL.—Section 1861(qq) of the Social Se-
curity Act (42 U.S.C. 1395x(qq)) is amended— 
(1) in paragraph (1), by inserting ‘‘or by a cer-
tified diabetes educator (as defined in paragraph 
(3))’’ after ‘‘paragraph (2)(B)’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(3) For purposes of paragraph (1), the term 
‘certified diabetes educator’ means an individual 
who— 
‘‘(A) is licensed or registered by the State 
in which the services are performed as a health 
care professional;
740 
‘‘(B) specializes in teaching individuals 
with diabetes to develop the necessary skills and 
knowledge to manage the individual’s diabetic 
condition; and 
‘‘(C) is certified as a diabetes educator by 
a recognized certifying body (as defined in 
paragraph (4)). 
‘‘(4)(A) For purposes of paragraph (3)(C), the 
term ‘recognized certifying body’ means— 
‘‘(i) the National Certification Board for 
Diabetes Educators, or 
‘‘(ii) a certifying body for diabetes edu-
cators, which is recognized by the Secretary as 
authorized to grant certification of diabetes 
educators for purposes of this subsection pursu-
ant to standards established by the Secretary, 
if the Secretary determines such Board or body, 
respectively, meets the requirement of subpara-
graph (B). 
‘‘(B) The National Certification Board for Dia-
betes Educators or a certifying body for diabetes 
educators meets the requirement of this subpara-
graph, with respect to the certification of an indi-
vidual, if the Board or body, respectively, is incor-
porated and registered to do business in the United
741 
States and requires as a condition of such certifi-
cation each of the following: 
‘‘(i) The individual has a qualifying cre-
dential in a specified health care profession. 
‘‘(ii) The individual has professional prac-
tice experience in diabetes self-management 
training that includes a minimum number of 
hours and years of experience in such training. 
‘‘(iii) The individual has successfully com-
pleted a national certification examination of-
fered by such entity. 
‘‘(iv) The individual periodically renews 
certification status following initial certifi-
cation.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to diabetes outpatient self-man-
agement training services furnished on or after the first 
day of the first calendar year that is at least 6 months 
after the date of the enactment of this Act. 
TITLE IV—QUALITY 
Subtitle A—Comparative 
Effectiveness Research 
SEC. 1401. COMPARATIVE EFFECTIVENESS RESEARCH. 
(a) IN GENERAL.—Title XI of the Social Security Act 
is amended by adding at the end the following new part:
742 
‘‘PART D—COMPARATIVE EFFECTIVENESS RESEARCH 
‘‘COMPARATIVE EFFECTIVENESS RESEARCH 
‘‘SEC. 1181. (a) CENTER FOR COMPARATIVE EFFEC-
TIVENESS RESEARCH ESTABLISHED.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish within the Agency for Healthcare Research and 
Quality a Center for Comparative Effectiveness Re-
search (in this section referred to as the ‘Center’) to 
conduct, support, and synthesize research (including 
research conducted or supported under section 1013 
of the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003) with respect to the 
outcomes, effectiveness, and appropriateness of 
health care services and procedures in order to iden-
tify the manner in which diseases, disorders, and 
other health conditions can most effectively and ap-
propriately be prevented, diagnosed, treated, and 
managed clinically. 
‘‘(2) DUTIES.—The Center shall— 
‘‘(A) conduct, support, and synthesize re-
search relevant to the comparative effectiveness 
of the full spectrum of health care items, serv-
ices and systems, including pharmaceuticals, 
medical devices, medical and surgical proce-
dures, and other medical interventions;
743 
‘‘(B) conduct and support systematic re-
views of clinical research, including original re-
search conducted subsequent to the date of the 
enactment of this section; 
‘‘(C) continuously develop rigorous sci-
entific methodologies for conducting compara-
tive effectiveness studies, and use such meth-
odologies appropriately; 
‘‘(D) submit to the Comparative Effective-
ness Research Commission, the Secretary, and 
Congress appropriate relevant reports described 
in subsection (d)(2); 
‘‘(E) not later than one year after the date 
of the enactment of this section, enter into an 
arrangement under which the Institute of Medi-
cine of the National Academy of Sciences shall 
conduct an evaluation and report on standards 
of evidence for highly credible research; 
‘‘(F) encourage, as appropriate, the devel-
opment and use of clinical registries and the de-
velopment of clinical effectiveness research data 
networks from electronic health records, post 
marketing drug and medical device surveillance 
efforts, and other forms of electronic health 
data; and
744 
‘‘(G) appoint clinical perspective advisory 
panels for research priorities under this section, 
which shall consult with patients and other 
stakeholders and advise the Center on research 
questions, methods, and evidence gaps in terms 
of clinical outcomes for the specific research in-
quiry to be examined with respect to such pri-
ority to ensure that the information produced 
from such research is clinically relevant to deci-
sions made by clinicians and patients at the 
point of care. 
‘‘(3) POWERS.— 
‘‘(A) OBTAINING
OFFICIAL
DATA.—The 
Center may secure directly from any depart-
ment or agency of the United States informa-
tion necessary to enable it to carry out this sec-
tion. Upon request of the Center, the head of 
such department or agency shall furnish that 
information to the Center on an agreed upon 
schedule. 
‘‘(B) DATA
COLLECTION.—In order to 
carry out its functions, the Center shall— 
‘‘(i) utilize existing information, both 
published and unpublished, where possible, 
collected and assessed either by its own
745 
staff or under other arrangements made in 
accordance with this section; 
‘‘(ii) carry out, or award grants or 
contracts for, original research and experi-
mentation, where existing information is 
inadequate; and 
‘‘(iii) adopt procedures allowing any 
interested party to submit information for 
the use by the Center in making reports 
and recommendations. 
In carrying out clause (ii), the Center may 
award grants or contracts (or provide for inter-
governmental transfers, as applicable) to pri-
vate entities and governmental agencies with 
experience in conducting comparative effective-
ness research, such as the National Institutes 
of Health and other relevant Federal health 
agencies. 
‘‘(C) ACCESS OF GAO TO INFORMATION.— 
The Comptroller General shall have unrestricted 
access to all deliberations, records, and non-
proprietary data of the Center and Commission 
under subsection (b), immediately upon request. 
‘‘(D) PERIODIC AUDIT.—The Center and 
Commission under subsection (b) shall be sub-
746 
ject to periodic audit by the Comptroller Gen-
eral. 
‘‘(b) COMPARATIVE
EFFECTIVENESS
RESEARCH 
COMMISSION.— 
‘‘(1) IN
GENERAL.—There is established an 
independent Comparative Effectiveness Research 
Commission (in this section referred to as the ‘Com-
mission’) to advise the Center and evaluate the ac-
tivities carried out by the Center under subsection 
(a) to ensure such activities result in highly credible 
research and information resulting from such re-
search. 
‘‘(2) DUTIES.—The Commission shall— 
‘‘(A)(i) recommend to the Center national 
priorities for research described in subsection 
(a) which shall take into account— 
‘‘(I) disease incidence, prevalence, and 
burden in the United States; 
‘‘(II) evidence gaps in terms of clinical 
outcomes; 
‘‘(III) variations in practice, delivery, 
and outcomes by geography, treatment 
site, provider type, disability, variation in 
age group (including children, adolescents, 
adults, and seniors), racial and ethnic
747 
background, gender, genetic and molecular 
subtypes, and other appropriate popu-
lations or subpopulations; and 
‘‘(IV) the potential for new evidence 
concerning certain categories, health care 
services, or treatments to improve patient 
health and well-being, and the quality of 
care; and 
‘‘(ii) in making such recommendations con-
sult with a broad array of public and private 
stakeholders, including patients and health care 
providers and payers; 
‘‘(B) monitor the appropriateness of use of 
the CERTF described in subsection (g) with re-
spect to the timely production of comparative 
effectiveness research recommended to be a na-
tional priority under subparagraph (A); 
‘‘(C) identify highly credible research 
methods and standards of evidence for such re-
search to be considered by the Center; 
‘‘(D) review the methodologies developed 
by the center under subsection (a)(2)(C); 
‘‘(E) support forums to increase stake-
holder awareness and permit stakeholder feed-
back on the efforts of the Center to advance
748 
methods and standards that promote highly 
credible research; 
‘‘(F) make recommendations to the Center 
for policies that would allow for public access of 
data produced under this section, in accordance 
with appropriate privacy and proprietary prac-
tices, while ensuring that the information pro-
duced through such data is timely and credible; 
‘‘(G) make recommendations to the Center 
for the priority for periodic reviews of previous 
comparative effectiveness research and studies 
conducted by the Center under subsection (a); 
‘‘(H) at least annually review the processes 
of the Center and make reports to Congress 
and the President regarding research con-
ducted, supported, or synthesized by the Center 
to confirm that the information produced by 
such research is objective, credible, consistent 
with standards of evidence developed under this 
section, and developed through a transparent 
process that includes consultations with appro-
priate stakeholders; 
‘‘(I) make recommendations to the Center 
for the broad dissemination, consistent with 
subsection (e), of the findings of research con-
749 
ducted and supported under this section that 
enables clinicians, patients, consumers, and 
payers to make more informed health care deci-
sions that improve quality and value; and 
‘‘(J) at least twice each year, hold a public 
meeting with an opportunity for stakeholder 
input. 
The reports under subparagraph (H) shall not be 
submitted to the Office of Management and Budget 
or to any other Federal agency or executive depart-
ment for any purpose prior to transmittal to Con-
gress and the President. Such reports shall be pub-
lished on the public internet website of the Commis-
sion after the date of such transmittal. 
‘‘(3) COMPOSITION OF COMMISSION.— 
‘‘(A) IN GENERAL.—The members of the 
Commission shall consist of— 
‘‘(i) the Director of the Agency for 
Healthcare Research and Quality or their 
designee; 
‘‘(ii) the Chief Medical Officer of the 
Centers for Medicare & Medicaid Services 
or their designee; 
‘‘(iii) the Director of the National In-
stitutes of Health or their designee; and
750 
‘‘(iv) 16 additional members who shall 
represent broad constituencies of stake-
holders including clinicians, patients, re-
searchers, third-party payers, and con-
sumers of Federal and State beneficiary 
programs. 
Of such members, at least 10 shall be prac-
ticing physicians, health care practitioners, con-
sumers, or patients. 
‘‘(B) QUALIFICATIONS.— 
‘‘(i) DIVERSE
REPRESENTATION
OF 
PERSPECTIVES.—The 
members 
of 
the 
Commission shall represent a broad range 
of perspectives and shall collectively have 
experience in the following areas: 
‘‘(I) Epidemiology. 
‘‘(II) Health services research. 
‘‘(III) Bioethics. 
‘‘(IV) Decision sciences. 
‘‘(V) Health disparities. 
‘‘(VI) Health economics. 
‘‘(ii) DIVERSE
REPRESENTATION
OF 
HEALTH CARE COMMUNITY.—At least one 
member shall represent each of the fol-
lowing health care communities:
751 
‘‘(I) Patients. 
‘‘(II) Health care consumers. 
‘‘(III) Practicing Physicians, in-
cluding surgeons. 
‘‘(IV) Other health care practi-
tioners engaged in clinical care. 
‘‘(V) Organizations with proven 
expertise in racial and ethnic minority 
health research. 
‘‘(VI) Employers. 
‘‘(VII) Public payers. 
‘‘(VIII) Insurance plans. 
‘‘(IX) Clinical researchers who 
conduct research on behalf of pharma-
ceutical or device manufacturers. 
‘‘(C) LIMITATION.—No more than 3 of the 
Members of the Commission may be representa-
tives of pharmaceutical or device manufacturers 
and such representatives shall be clinical re-
searchers 
described 
under 
subparagraph 
(B)(ii)(IX). 
‘‘(4) APPOINTMENT.—The Comptroller General 
shall appoint the members of the Commission. 
‘‘(5) CHAIRMAN; VICE CHAIRMAN.—The Comp-
troller General shall designate a member of the
752 
Commission, at the time of appointment of the mem-
ber, as Chairman and a member as Vice Chairman 
for that term of appointment, except that in the case 
of vacancy of the Chairmanship or Vice Chairman-
ship, the Comptroller General may designate another 
member for the remainder of that member’s term. 
The Chairman shall serve as an ex officio member 
of the National Advisory Council of the Agency for 
Health Care Research and Quality under section 
931(c)(3)(B) of the Public Health Service Act. 
‘‘(6) TERMS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), each member of the Com-
mission shall be appointed for a term of 4 
years. 
‘‘(B) TERMS OF INITIAL APPOINTEES.—Of 
the members first appointed— 
‘‘(i) 8 shall be appointed for a term of 
4 years; and 
‘‘(ii) 8 shall be appointed for a term 
of 3 years. 
‘‘(7) COMPENSATION.—While serving on the 
business of the Commission (including travel time), 
a member of the Commission shall be entitled to 
compensation at the per diem equivalent of the rate
753 
provided for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code; 
and while so serving away from home and the mem-
ber’s regular place of business, a member may be al-
lowed travel expenses, as authorized by the Director 
of the Commission. 
‘‘(8) DIRECTOR
AND
STAFF; EXPERTS
AND 
CONSULTANTS.—Subject to such review as the 
Comptroller General deems necessary to assure the 
efficient administration of the Commission, the Com-
mission may— 
‘‘(A) appoint and set the compensation for 
an Executive Director (subject to the approval 
of the Comptroller General) and such other per-
sonnel as Federal employees under section 2105 
of title 5, United States Code, as may be nec-
essary to carry out its duties (without regard to 
the provisions of title 5, United States Code, 
governing appointments in the competitive serv-
ice); 
‘‘(B) seek such assistance and support as 
may be required in the performance of its du-
ties from appropriate Federal departments and 
agencies;
754 
‘‘(C) enter into contracts or make other ar-
rangements, as may be necessary for the con-
duct of the work of the Commission (without 
regard to section 3709 of the Revised Statutes 
(41 U.S.C. 5)); 
‘‘(D) make advance, progress, and other 
payments which relate to the work of the Com-
mission; 
‘‘(E) provide transportation and subsist-
ence for persons serving without compensation; 
and 
‘‘(F) prescribe such rules and regulations 
as it deems necessary with respect to the inter-
nal organization and operation of the Commis-
sion. 
‘‘(9) OBTAINING
OFFICIAL
DATA.—The Com-
mission may secure directly from any department or 
agency of the United States information necessary 
to enable the Commission to carry out this section. 
Upon request of the Chairman of the Commission, 
the head of such department or agency shall furnish 
the information to the Commission on an agreed 
upon schedule. 
‘‘(10) AVAILABILITY OF REPORTS.—The Com-
mission shall transmit to the Secretary a copy of
755 
each report submitted under this subsection and 
shall make such reports available to the public. 
‘‘(11) COORDINATION.—To enhance effective-
ness and coordination, the Secretary is encouraged, 
to the greatest extent possible, to seek coordination 
between the Commission and the National Advisory 
Council of the Agency for Healthcare Research and 
Quality. 
‘‘(12) CONFLICTS OF INTEREST.— 
‘‘(A) IN
GENERAL.—In appointing the 
members of the Commission or a clinical per-
spective advisory panel described in subsection 
(a)(2)(G), the Comptroller General or the Sec-
retary, respectively, shall take into consider-
ation any financial interest (as defined in sub-
paragraph (D)), consistent with this paragraph, 
and develop a plan for managing any identified 
conflicts. 
‘‘(B) EVALUATION AND CRITERIA.—When 
considering an appointment to the Commission 
or a clinical perspective advisory panel de-
scribed subsection (a)(2)(G), the Comptroller 
General or the Secretary, respectively, shall re-
view the expertise of the individual and the fi-
nancial disclosure report filed by the individual
756 
pursuant to the Ethics in Government Act of 
1978 for each individual under consideration 
for the appointment, so as to reduce the likeli-
hood that an appointed individual will later re-
quire a written determination as referred to in 
section 208(b)(1) of title 18, United States 
Code, a written certification as referred to in 
section 208(b)(3) of title 18, United States 
Code, or a waiver as referred to in subpara-
graph (D)(iii) for service on the Commission at 
a meeting of the Commission. 
‘‘(C) DISCLOSURES; 
PROHIBITIONS
ON 
PARTICIPATION; WAIVERS.— 
‘‘(i) DISCLOSURE OF FINANCIAL IN-
TEREST.—Prior to a meeting of the Com-
mission or a clinical perspective advisory 
panel described in subsection (a)(2)(G) re-
garding a ‘particular matter’ (as that term 
is used in section 208 of title 18, United 
States Code), each member of the Commis-
sion or the clinical perspective advisory 
panel who is a full-time Government em-
ployee or special Government employee 
shall disclose to the Comptroller General or 
Secretary, respectively, financial interests
757 
in accordance with requiring a waiver 
under section 208(b) of title 18, United 
States Code, or other interests as deemed 
relevant by the Secretary. 
‘‘(ii) PROHIBITIONS
ON
PARTICIPA-
TION.—Except as provided under clause 
(iii), a member of the Commission or a 
clinical perspective advisory panel de-
scribed in subsection (a)(2)(G) may not 
participate with respect to a particular 
matter considered in meeting of the Com-
mission or the clinical perspective advisory 
panel if such member has a financial inter-
est that could be affected by the advice 
given to the Secretary with respect to such 
matter, excluding interests exempted in 
regulations issued by the Director of the 
Office of Government Ethics as too remote 
or inconsequential to affect the integrity of 
the services of the Government officers or 
employees to which such regulations apply. 
‘‘(iii) WAIVER.—If the Comptroller 
General or Secretary, as applicable, deter-
mines it necessary to afford the Commis-
sion or a clinical perspective advisory panel
758 
described in subsection (a)(2)(G) essential 
expertise, the Comptroller General or Sec-
retary, respectively, may grant a waiver of 
the prohibition in clause (ii) to permit a 
member described in such subparagraph 
to— 
‘‘(I) participate as a non-voting 
member with respect to a particular 
matter considered in a meeting of the 
Commission or a clinical perspective 
advisory panel, respectively; or 
‘‘(II) participate as a voting 
member with respect to a particular 
matter considered in a meeting of the 
Commission. 
‘‘(iv) LIMITATION
ON
WAIVERS
AND 
OTHER EXCEPTIONS.— 
‘‘(I) DETERMINATION OF ALLOW-
ABLE EXCEPTIONS FOR THE COMMIS-
SION.—The number of waivers grant-
ed to members of the Commission 
cannot exceed one-half of the total 
number of members for the Commis-
sion.
759 
‘‘(II) PROHIBITION
ON
VOTING 
STATUS
ON
CLINICAL
PERSPECTIVE 
ADVISORY PANELS.—No voting mem-
ber of any clinical perspective advisory 
panel shall be in receipt of a waiver. 
No more than two nonvoting members 
of any clinical perspective advisory 
panel shall receive a waiver. 
‘‘(D) FINANCIAL
INTEREST
DEFINED.— 
For purposes of this paragraph, the term ‘fi-
nancial interest’ means a financial interest 
under section 208(a) of title 18, United States 
Code. 
‘‘(13) APPLICATION
OF
FACA.—The Federal 
Advisory Committee Act (other than section 14 of 
such Act) shall apply to the Commission to the ex-
tent that the provisions of such Act do not conflict 
with the requirements of this subsection. 
‘‘(c) RESEARCH REQUIREMENTS.—Any research con-
ducted, supported, or synthesized under this section shall 
meet the following requirements: 
‘‘(1) ENSURING TRANSPARENCY, CREDIBILITY, 
AND ACCESS.— 
‘‘(A) The establishment of a research agen-
da by the Center shall be informed by the na-
760 
tional priorities for research recommended 
under subsection (b)(2)(A). 
‘‘(B) The establishment of the agenda and 
conduct of the research shall be insulated from 
inappropriate political or stakeholder influence. 
‘‘(C) Methods of conducting such research 
shall be scientifically based. 
‘‘(D) Consistent with applicable law, all as-
pects of the prioritization of research, conduct 
of the research, and development of conclusions 
based on the research shall be transparent to 
all stakeholders. 
‘‘(E) Consistent with applicable law, the 
process and methods for conducting such re-
search shall be publicly documented and avail-
able to all stakeholders. 
‘‘(F) Throughout the process of such re-
search, the Center shall provide opportunities 
for all stakeholders involved to review and pro-
vide public comment on the methods and find-
ings of such research. 
‘‘(G) Such research shall consider advice 
given to the Center by the clinical perspective 
advisory panel for the particular national re-
search priority.
761 
‘‘(2) STAKEHOLDER INPUT.— 
‘‘(A) IN GENERAL.—The Commission shall 
consult with patients, health care providers, 
health care consumer representatives, and other 
appropriate stakeholders with an interest in the 
research through a transparent process rec-
ommended by the Commission. 
‘‘(B) SPECIFIC
AREAS
OF
CONSULTA-
TION.—Consultation 
shall 
include 
where 
deemed appropriate by the Commission— 
‘‘(i) recommending research priorities 
and questions; 
‘‘(ii) recommending research meth-
odologies; and 
‘‘(iii) advising on and assisting with 
efforts to disseminate research findings. 
‘‘(C) OMBUDSMAN.—The Secretary shall 
designate a patient ombudsman. The ombuds-
man shall— 
‘‘(i) serve as an available point of con-
tact for any patients with an interest in 
proposed comparative effectiveness studies 
by the Center; and 
‘‘(ii) ensure that any comments from 
patients regarding proposed comparative
762 
effectiveness studies are reviewed by the 
Center. 
‘‘(3) TAKING INTO ACCOUNT POTENTIAL DIF-
FERENCES.—Research shall— 
‘‘(A) be designed, as appropriate, to take 
into account the potential for differences in the 
effectiveness of health care items, services, and 
systems used with various subpopulations such 
as racial and ethnic minorities, women, dif-
ferent age groups (including children, adoles-
cents, adults, and seniors), individuals with dis-
abilities, 
and 
individuals 
with 
different 
comorbidities 
and 
genetic 
and 
molecular 
subtypes; and— 
‘‘(B) seek, as feasible and appropriate, to 
include members of such subpopulations as sub-
jects in the research. 
‘‘(d) PUBLIC ACCESS TO COMPARATIVE EFFECTIVE-
NESS INFORMATION.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after receipt by the Center or Commission, as appli-
cable, of a relevant report described in paragraph 
(2) made by the Center, Commission, or clinical per-
spective advisory panel under this section, appro-
priate information contained in such report shall be
763 
posted on the official public Internet site of the Cen-
ter and of the Commission, as applicable. 
‘‘(2) RELEVANT
REPORTS
DESCRIBED.—For 
purposes of this section, a relevant report is each of 
the following submitted by the Center or a grantee 
or contractor of the Center: 
‘‘(A) Any interim or progress reports as 
deemed appropriate by the Secretary. 
‘‘(B) Stakeholder comments. 
‘‘(C) A final report. 
‘‘(e) DISSEMINATION AND INCORPORATION OF COM-
PARATIVE EFFECTIVENESS INFORMATION.— 
‘‘(1) DISSEMINATION.—The Center shall pro-
vide for the dissemination of appropriate findings 
produced by research supported, conducted, or syn-
thesized under this section to health care providers, 
patients, vendors of health information technology 
focused on clinical decision support, relevant expert 
organizations (as defined in subsection (i)(3)(A)), 
and Federal and private health plans, and other rel-
evant stakeholders. In disseminating such findings 
the Center shall— 
‘‘(A) convey findings of research so that 
they are comprehensible and useful to patients 
and providers in making health care decisions;
764 
‘‘(B) discuss findings and other consider-
ations specific to certain sub-populations, risk 
factors, and comorbidities as appropriate; 
‘‘(C) include considerations such as limita-
tions of research and what further research 
may be needed, as appropriate; 
‘‘(D) not include any data that the dis-
semination of which would violate the privacy of 
research participants or violate any confiden-
tiality agreements made with respect to the use 
of data under this section; and 
‘‘(E) assist the users of health information 
technology focused on clinical decision support 
to promote the timely incorporation of such 
findings into clinical practices and promote the 
ease of use of such incorporation. 
‘‘(2) DISSEMINATION PROTOCOLS AND STRATE-
GIES.—The Center shall develop protocols and strat-
egies for the appropriate dissemination of research 
findings in order to ensure effective communication 
of findings and the use and incorporation of such 
findings into relevant activities for the purpose of in-
forming higher quality and more effective and effi-
cient decisions regarding medical items and services. 
In developing and adopting such protocols and strat-
765 
egies, the Center shall consult with stakeholders con-
cerning the types of dissemination that will be most 
useful to the end users of information and may pro-
vide for the utilization of multiple formats for con-
veying findings to different audiences, including dis-
semination to individuals with limited English pro-
ficiency. 
‘‘(f) REPORTS TO CONGRESS.— 
‘‘(1) ANNUAL REPORTS.—Beginning not later 
than one year after the date of the enactment of this 
section, the Director of the Agency of Healthcare 
Research and Quality shall submit to Congress an 
annual report on the activities of the Center, as well 
as the research, conducted under this section. Each 
such report shall include a discussion of the Center’s 
compliance with subsection (c)(3)(B), including any 
reasons for lack of compliance with such subsection. 
‘‘(2) RECOMMENDATION FOR FAIR SHARE PER 
CAPITA AMOUNT FOR ALL-PAYER FINANCING.—Be-
ginning not later than December 31, 2011, the Sec-
retary shall submit to Congress an annual rec-
ommendation for a fair share per capita amount de-
scribed in subsection (c)(1) of section 9511 of the 
Internal Revenue Code of 1986 for purposes of 
funding the CERTF under such section.
766 
‘‘(3) ANALYSIS AND REVIEW.—Not later than 
December 31, 2013, the Secretary, in consultation 
with the Commission, shall submit to Congress a re-
port on all activities conducted or supported under 
this section as of such date. Such report shall in-
clude an evaluation of the overall costs of such ac-
tivities and an analysis of the backlog of any re-
search proposals approved by the Center but not 
funded. 
‘‘(g) FUNDING
OF COMPARATIVE EFFECTIVENESS 
RESEARCH.—For fiscal year 2010 and each subsequent 
fiscal year, amounts in the Comparative Effectiveness Re-
search Trust Fund (referred to in this section as the 
‘CERTF’) under section 9511 of the Internal Revenue 
Code of 1986 shall be available in accordance with such 
section, without the need for further appropriations and 
without fiscal year limitation, to carry out this section. 
‘‘(h) CONSTRUCTION.— 
‘‘(1) COVERAGE.—Nothing in this section shall 
be construed— 
‘‘(A) to permit the Center or Commission 
to mandate coverage, reimbursement, or other 
policies for any public or private payer; or 
‘‘(B) as preventing the Secretary from cov-
ering the routine costs of clinical care received
767 
by an individual entitled to, or enrolled for, ben-
efits under title XVIII, XIX, or XXI in the case 
where such individual is participating in a clin-
ical trial and such costs would otherwise be cov-
ered under such title with respect to the bene-
ficiary. 
‘‘(2) REPORTS AND FINDINGS.—None of the re-
ports submitted under this section or research find-
ings disseminated by the Center or Commission shall 
be construed as mandates, for payment, coverage, or 
treatment. 
‘‘(3) PROTECTING THE PHYSICIAN-PATIENT RE-
LATIONSHIP.—Nothing in this section shall be con-
strued to authorize any Federal officer or employee 
to exercise any supervision or control over the prac-
tice of medicine. 
‘‘(i) CONSULTATION WITH RELEVANT EXPERT OR-
GANIZATIONS.— 
‘‘(1) CONSULTATION PRIOR TO INITIATION OF 
RESEARCH.—Prior to recommending priorities or 
initiating research described in this section, the 
Commission or the Center shall consult with the rel-
evant expert organizations responsible for standards 
and protocols of clinical excellence. Such consulta-
768 
tion shall be consistent with the processes estab-
lished under subsection (c)(2). 
‘‘(2) CONSULTATION IN DISSEMINATION OF RE-
SEARCH.—Any dissemination of research from the 
Commission or the Center and findings made by the 
Commission or the Center shall be consistent with 
processes established under subsection (e) and 
shall— 
‘‘(A) be based upon evidence-based medi-
cine; and 
‘‘(B) take into consideration standards and 
protocols of clinical excellence developed by rel-
evant expert organizations. 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) 
RELEVANT
EXPERT
ORGANIZA-
TIONS.—The term ‘relevant expert organization’ 
means an organization with expertise in the rig-
orous application of evidence-based scientific 
methods for the design of clinical studies, the 
interpretation of clinical data, and the develop-
ment of national clinical practice guidelines, in-
cluding a voluntary health organization, clinical 
specialty, or other professional organization 
that represents physicians based on the field of
769 
medicine in which each such physician practices 
or is board certified. 
‘‘(B) STANDARDS
AND
PROTOCOLS
OF 
CLINICAL EXCELLENCE.—The term ‘standards 
and protocols of clinical excellence’ means clin-
ical or practice guidelines that consist of a set 
of directions or principles that is based on evi-
dence and is designed to assist a health care 
practitioner with decisions about appropriate di-
agnostic, therapeutic, or other clinical proce-
dures for specific clinical circumstances. 
‘‘(j) RESEARCH MAY NOT BE USED TO DENY OR RA-
TION CARE.—Nothing in this section shall be construed 
to make more stringent or otherwise change the standards 
or requirements for coverage of items and services under 
this Act.’’. 
(b) 
COMPARATIVE
EFFECTIVENESS
RESEARCH 
TRUST FUND; FINANCING FOR THE TRUST FUND.—For 
the provision establishing a Comparative Effectiveness Re-
search Trust Fund and financing such Trust Fund, see 
section 1802.
770 
Subtitle B—Nursing Home 
Transparency 
PART 1—IMPROVING TRANSPARENCY OF INFOR-
MATION ON SKILLED NURSING FACILITIES, 
NURSING FACILITIES, AND OTHER LONG- 
TERM CARE FACILITIES 
SEC. 1411. REQUIRED DISCLOSURE OF OWNERSHIP AND 
ADDITIONAL DISCLOSABLE PARTIES INFOR-
MATION. 
(a) IN GENERAL.—Section 1124 of the Social Secu-
rity Act (42 U.S.C. 1320a–3) is amended by adding at 
the end the following new subsection: 
‘‘(c) REQUIRED DISCLOSURE OF OWNERSHIP AND 
ADDITIONAL DISCLOSABLE PARTIES INFORMATION.— 
‘‘(1) DISCLOSURE.—A facility (as defined in 
paragraph (6)(B)) shall have the information de-
scribed in paragraph (3) available— 
‘‘(A) during the period beginning on the 
date of the enactment of this subsection and 
ending on the date such information is made 
available to the public under section 1411(b) of 
the Affordable Health Care for America Act, 
for submission to the Secretary, the Inspector 
General of the Department of Health and 
Human Services, the State in which the facility
771 
is located, and the State long-term care om-
budsman in the case where the Secretary, the 
Inspector General, the State, or the State long- 
term care ombudsman requests such informa-
tion; and 
‘‘(B) beginning on the effective date of the 
final regulations promulgated under paragraph 
(4)(A), for reporting such information in ac-
cordance with such final regulations. 
Nothing in subparagraph (A) shall be construed as 
authorizing a facility to dispose of or delete informa-
tion described in such subparagraph after the effec-
tive date of the final regulations promulgated under 
paragraph (4)(A). 
‘‘(2) PUBLIC AVAILABILITY OF INFORMATION.— 
During the period described in paragraph (1)(A), a 
facility shall— 
‘‘(A) make the information described in 
paragraph (3) available to the public upon re-
quest and update such information as may be 
necessary to reflect changes in such informa-
tion; and 
‘‘(B) post a notice of the availability of 
such information in the lobby of the facility in 
a prominent manner.
772 
‘‘(3) INFORMATION DESCRIBED.— 
‘‘(A) IN GENERAL.—The following infor-
mation is described in this paragraph: 
‘‘(i) The information described in sub-
sections (a) and (b), subject to subpara-
graph (C). 
‘‘(ii) The identity of and information 
on— 
‘‘(I) each member of the gov-
erning body of the facility, including 
the name, title, and period of service 
of each such member; 
‘‘(II) each person or entity who is 
an officer, director, member, partner, 
trustee, or managing employee of the 
facility, including the name, title, and 
date of start of service of each such 
person or entity; and 
‘‘(III) each person or entity who 
is an additional disclosable party of 
the facility. 
‘‘(iii) A description of the organiza-
tional structure and the relationship of 
each person and entity described in sub-
773 
clauses (II) and (III) of clause (ii) to the 
facility and to one another. 
‘‘(B) SPECIAL RULE WHERE INFORMATION 
IS
ALREADY
REPORTED
OR
SUBMITTED.—To 
the extent that information reported by a facil-
ity to the Internal Revenue Service on Form 
990, information submitted by a facility to the 
Securities and Exchange Commission, or infor-
mation otherwise submitted to the Secretary or 
any other Federal agency contains the informa-
tion described in clauses (i), (ii), or (iii) of sub-
paragraph (A), the Secretary may allow, to the 
extent practicable, such Form or such informa-
tion to meet the requirements of paragraph (1) 
and to be submitted in a manner specified by 
the Secretary. 
‘‘(C) SPECIAL
RULE.—In applying sub-
paragraph (A)(i)— 
‘‘(i) with respect to subsections (a) 
and (b), ‘ownership or control interest’ 
shall include direct or indirect interests, in-
cluding such interests in intermediate enti-
ties; and 
‘‘(ii) subsection (a)(3)(A)(ii) shall in-
clude the owner of a whole or part interest
774 
in any mortgage, deed of trust, note, or 
other obligation secured, in whole or in 
part, by the entity or any of the property 
or assets thereof, if the interest is equal to 
or exceeds 5 percent of the total property 
or assets of the entirety. 
‘‘(4) REPORTING.— 
‘‘(A) IN
GENERAL.—Not later than the 
date that is 2 years after the date of the enact-
ment of this subsection, the Secretary shall pro-
mulgate regulations requiring a facility to re-
port the information described in paragraph (3) 
to the Secretary in a standardized format, and 
such other regulations as are necessary to carry 
out this subsection. Such regulations shall 
specify the frequency of reporting, as deter-
mined by the Secretary. Such final regulations 
shall also require— 
‘‘(i) the reporting of such information 
on or after the first day of the first cal-
endar quarter beginning after the date 
that is 90 days after the date on which 
such final regulations are published in the 
Federal Register; and—
775 
‘‘(ii) the certification, as a condition 
of participation under the program under 
title XVIII or XIX, that such information 
is accurate and current. 
‘‘(B) GUIDANCE.—The Secretary shall pro-
vide guidance and technical assistance to States 
on how to adopt the standardized format under 
subparagraph (A). 
‘‘(5) NO EFFECT ON EXISTING REPORTING RE-
QUIREMENTS.—Nothing in this subsection shall re-
duce, diminish, or alter any reporting requirement 
for a facility that is in effect as of the date of the 
enactment of this subsection. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) ADDITIONAL DISCLOSABLE PARTY.— 
The term ‘additional disclosable party’ means, 
with respect to a facility, any person or entity 
who, through ownership interest, partnership 
interest, contract, or otherwise— 
‘‘(i) directly or indirectly exercises 
operational, financial, administrative, or 
managerial control or direction over the fa-
cility or a part thereof, or provides policies 
or procedures for any of the operations of
776 
the facility, or provides financial or cash 
management services to the facility; 
‘‘(ii) leases or subleases real property 
to the facility, or owns a whole or part in-
terest equal to or exceeding 5 percent of 
the total value of such real property; 
‘‘(iii) lends funds or provides a finan-
cial guarantee to the facility in an amount 
which is equal to or exceeds $50,000; or 
‘‘(iv) provides management or admin-
istrative services, clinical consulting serv-
ices, or accounting or financial services to 
the facility. 
‘‘(B) FACILITY.—The term ‘facility’ means 
a disclosing entity which is— 
‘‘(i) a skilled nursing facility (as de-
fined in section 1819(a)); or 
‘‘(ii) a nursing facility (as defined in 
section 1919(a)). 
‘‘(C) MANAGING
EMPLOYEE.—The term 
‘managing employee’ means, with respect to a 
facility, an individual (including a general man-
ager, business manager, administrator, director, 
or consultant) who directly or indirectly man-
777 
ages, advises, or supervises any element of the 
practices, finances, or operations of the facility. 
‘‘(D) ORGANIZATIONAL STRUCTURE.—The 
term ‘organizational structure’ means, in the 
case of— 
‘‘(i) a corporation, the officers, direc-
tors, and shareholders of the corporation 
who have an ownership interest in the cor-
poration which is equal to or exceeds 5 
percent; 
‘‘(ii) a limited liability company, the 
members and managers of the limited li-
ability company (including, as applicable, 
what percentage each member and man-
ager has of the ownership interest in the 
limited liability company); 
‘‘(iii) a general partnership, the part-
ners of the general partnership; 
‘‘(iv) a limited partnership, the gen-
eral partners and any limited partners of 
the limited partnership who have an own-
ership interest in the limited partnership 
which is equal to or exceeds 10 percent; 
‘‘(v) a trust, the trustees of the trust;
778 
‘‘(vi) an individual, contact informa-
tion for the individual; and 
‘‘(vii) any other person or entity, such 
information as the Secretary determines 
appropriate.’’. 
(b) PUBLIC AVAILABILITY OF INFORMATION.—Not 
later than the date that is 1 year after the date on which 
the 
final 
regulations 
promulgated 
under 
section 
1124(c)(4)(A) of the Social Security Act, as added by sub-
section (a), are published in the Federal Register, the in-
formation reported in accordance with such final regula-
tions shall be made available to the public in accordance 
with procedures established by the Secretary of Health 
and Human Services. 
(a) CONFORMING AMENDMENTS.— 
(1) SKILLED
NURSING
FACILITIES.—Section 
1819(d)(1) of the Social Security Act (42 U.S.C. 
1395i–3(d)(1)) is amended by striking subparagraph 
(B) and redesignating subparagraph (C) as subpara-
graph (B). 
(2) NURSING FACILITIES.—Section 1919(d)(1) 
of the Social Security Act (42 U.S.C. 1396r(d)(1)) 
is amended by striking subparagraph (B) and redes-
ignating subparagraph (C) as subparagraph (B).
779 
SEC. 1412. ACCOUNTABILITY REQUIREMENTS. 
(a) EFFECTIVE COMPLIANCE
AND ETHICS PRO-
GRAMS.— 
(1) SKILLED
NURSING
FACILITIES.—Section 
1819(d)(1) of the Social Security Act (42 U.S.C. 
1395i–3(d)(1)), as amended by section 1411(c)(1), 
is amended by adding at the end the following new 
subparagraph: 
‘‘(C) COMPLIANCE
AND
ETHICS
PRO-
GRAMS.— 
‘‘(i) REQUIREMENT.—On or after the 
first day of the first calendar quarter be-
ginning after the date that is 1 year after 
the date on which regulations developed 
under clause (ii) are published in the Fed-
eral Register, a skilled nursing facility 
shall, with respect to the entity that oper-
ates or controls the facility (in this sub-
paragraph referred to as the ‘operating or-
ganization’ or ‘organization’), have in oper-
ation a compliance and ethics program 
that is effective in preventing and detect-
ing criminal, civil, and administrative viola-
tions under this Act and in promoting 
quality of care consistent with such regula-
tions.
780 
‘‘(ii) 
DEVELOPMENT
OF
REGULA-
TIONS.— 
‘‘(I) IN
GENERAL.—Not later 
than the date that is 2 years after the 
date of the enactment of this subpara-
graph, the Secretary, in consultation 
with the Inspector General of the De-
partment of Health and Human Serv-
ices, shall promulgate regulations for 
an effective compliance and ethics 
program for operating organizations, 
which may include a model compliance 
program. 
‘‘(II) 
DESIGN
OF
REGULA-
TIONS.—Such regulations with respect 
to specific elements or formality of a 
program may vary with the size of the 
organization, such that larger organi-
zations should have a more formal 
and rigorous program and include es-
tablished written policies defining the 
standards and procedures to be fol-
lowed by its employees. Such require-
ments shall specifically apply to the
781 
corporate level management of multi- 
unit nursing home chains. 
‘‘(III) EVALUATION.—Not later 
than 3 years after the date on which 
compliance and ethics programs estab-
lished under this subparagraph are in 
operation pursuant to clause (i), the 
Secretary shall complete an evaluation 
of such programs. Such evaluation 
shall determine if such programs led 
to changes in deficiency citations, 
changes in quality performance, or 
changes in other metrics of resident 
quality of care. The Secretary shall 
submit to Congress a report on such 
evaluation and shall include in such 
report such recommendations regard-
ing changes in the requirements for 
such programs as the Secretary deter-
mines appropriate. 
‘‘(iii) REQUIREMENTS
FOR
COMPLI-
ANCE
AND
ETHICS
PROGRAMS.—In this 
subparagraph, the term ‘compliance and 
ethics program’ means, with respect to a
782 
skilled nursing facility, a program of the 
operating organization that— 
‘‘(I) has been reasonably de-
signed, implemented, and enforced so 
that it generally will be effective in 
preventing and detecting criminal, 
civil, and administrative violations 
under this Act and in promoting qual-
ity of care; and 
‘‘(II) includes at least the re-
quired components specified in clause 
(iv). 
‘‘(iv) REQUIRED
COMPONENTS
OF 
PROGRAM.—The required components of a 
compliance and ethics program of an orga-
nization are the following: 
‘‘(I) The organization must have 
established compliance standards and 
procedures to be followed by its em-
ployees, contractors, and other agents 
that are reasonably capable of reduc-
ing the prospect of criminal, civil, and 
administrative violations under this 
Act.
783 
‘‘(II) Specific individuals within 
high-level personnel of the organiza-
tion must have been assigned overall 
responsibility to oversee compliance 
with such standards and procedures 
and have sufficient resources and au-
thority to assure such compliance. 
‘‘(III) The organization must 
have used due care not to delegate 
substantial discretionary authority to 
individuals whom the organization 
knew, or should have known through 
the exercise of due diligence, had a 
propensity to engage in criminal, civil, 
and administrative violations under 
this Act. 
‘‘(IV) The organization must 
have taken steps to communicate ef-
fectively its standards and procedures 
to all employees and other agents, 
such as by requiring participation in 
training programs or by disseminating 
publications that explain in a practical 
manner what is required.
784 
‘‘(V) The organization must have 
taken reasonable steps to achieve com-
pliance with its standards, such as by 
utilizing monitoring and auditing sys-
tems reasonably designed to detect 
criminal, civil, and administrative vio-
lations under this Act by its employ-
ees and other agents and by having in 
place and publicizing a reporting sys-
tem whereby employees and other 
agents could report violations by oth-
ers within the organization without 
fear of retribution. 
‘‘(VI) The standards must have 
been consistently enforced through ap-
propriate disciplinary mechanisms, in-
cluding, as appropriate, discipline of 
individuals responsible for the failure 
to detect an offense. 
‘‘(VII) After an offense has been 
detected, the organization must have 
taken all reasonable steps to respond 
appropriately to the offense and to 
prevent further similar offenses, in-
cluding repayment of any funds to
785 
which it was not entitled and any nec-
essary modification to its program to 
prevent and detect criminal, civil, and 
administrative violations under this 
Act. 
‘‘(VIII) The organization must 
periodically undertake reassessment of 
its compliance program to identify 
changes necessary to reflect changes 
within the organization and its facili-
ties. 
‘‘(v) COORDINATION.—The provisions 
of this subparagraph shall apply with re-
spect to a skilled nursing facility in lieu of 
section 1874(d).’’. 
(2) NURSING FACILITIES.—Section 1919(d)(1) 
of the Social Security Act (42 U.S.C. 1396r(d)(1)), 
as amended by section 1411(c)(2), is amended by 
adding at the end the following new subparagraph: 
‘‘(C) COMPLIANCE
AND
ETHICS
PRO-
GRAM.— 
‘‘(i) REQUIREMENT.—On or after the 
first day of the first calendar quarter be-
ginning after the date that is 1 year after 
the date on which regulations developed
786 
under clause (ii) are published in the Fed-
eral Register, a skilled nursing facility 
shall, with respect to the entity that oper-
ates or controls the facility (in this sub-
paragraph referred to as the ‘operating or-
ganization’ or ‘organization’), have in oper-
ation a compliance and ethics program 
that is effective in preventing and detect-
ing criminal, civil, and administrative viola-
tions under this Act and in promoting 
quality of care consistent with such regula-
tions. 
‘‘(iii) DEVELOPMENT
OF
REGULA-
TIONS.— 
‘‘(I) IN
GENERAL.—Not later 
than the date that is 2 years after the 
date of the enactment of this subpara-
graph, the Secretary, in consultation 
with the Inspector General of the De-
partment of Health and Human Serv-
ices, shall promulgate regulations for 
an effective compliance and ethics 
program for operating organizations, 
which may include a model compliance 
program.
787 
‘‘(II) 
DESIGN
OF
REGULA-
TIONS.—Such regulations with respect 
to specific elements or formality of a 
program may vary with the size of the 
organization, such that larger organi-
zations should have a more formal 
and rigorous program and include es-
tablished written policies defining the 
standards and procedures to be fol-
lowed by its employees. Such require-
ments shall specifically apply to the 
corporate level management of multi- 
unit nursing home chains. 
‘‘(III) EVALUATION.—Not later 
than 3 years after the date on which 
compliance and ethics programs estab-
lished under this subparagraph are in 
operation pursuant to clause (i), the 
Secretary shall complete an evaluation 
of such programs. Such evaluation 
shall determine if such programs led 
to changes in deficiency citations, 
changes in quality performance, or 
changes in other metrics of resident 
quality of care. The Secretary shall
788 
submit to Congress a report on such 
evaluation and shall include in such 
report such recommendations regard-
ing changes in the requirements for 
such programs as the Secretary deter-
mines appropriate. 
‘‘(v) REQUIREMENTS
FOR
COMPLI-
ANCE
AND
ETHICS
PROGRAMS.—In this 
subparagraph, the term ‘compliance and 
ethics program’ means, with respect to a 
nursing facility, a program of the oper-
ating organization that— 
‘‘(I) has been reasonably de-
signed, implemented, and enforced so 
that it generally will be effective in 
preventing and detecting criminal, 
civil, and administrative violations 
under this Act and in promoting qual-
ity of care; and 
‘‘(II) includes at least the re-
quired components specified in clause 
(iv). 
‘‘(vi) REQUIRED
COMPONENTS
OF 
PROGRAM.—The required components of a
789 
compliance and ethics program of an orga-
nization are the following: 
‘‘(I) The organization must have 
established compliance standards and 
procedures to be followed by its em-
ployees and other agents that are rea-
sonably capable of reducing the pros-
pect of criminal, civil, and administra-
tive violations under this Act. 
‘‘(II) Specific individuals within 
high-level personnel of the organiza-
tion must have been assigned overall 
responsibility to oversee compliance 
with such standards and procedures 
and has sufficient resources and au-
thority to assure such compliance. 
‘‘(III) The organization must 
have used due care not to delegate 
substantial discretionary authority to 
individuals whom the organization 
knew, or should have known through 
the exercise of due diligence, had a 
propensity to engage in criminal, civil, 
and administrative violations under 
this Act.
790 
‘‘(IV) The organization must 
have taken steps to communicate ef-
fectively its standards and procedures 
to all employees and other agents, 
such as by requiring participation in 
training programs or by disseminating 
publications that explain in a practical 
manner what is required. 
‘‘(V) The organization must have 
taken reasonable steps to achieve com-
pliance with its standards, such as by 
utilizing monitoring and auditing sys-
tems reasonably designed to detect 
criminal, civil, and administrative vio-
lations under this Act by its employ-
ees and other agents and by having in 
place and publicizing a reporting sys-
tem whereby employees and other 
agents could report violations by oth-
ers within the organization without 
fear of retribution. 
‘‘(VI) The standards must have 
been consistently enforced through ap-
propriate disciplinary mechanisms, in-
cluding, as appropriate, discipline of
791 
individuals responsible for the failure 
to detect an offense. 
‘‘(VII) After an offense has been 
detected, the organization must have 
taken all reasonable steps to respond 
appropriately to the offense and to 
prevent further similar offenses, in-
cluding repayment of any funds to 
which it was not entitled and any nec-
essary modification to its program to 
prevent and detect criminal, civil, and 
administrative violations under this 
Act. 
‘‘(VIII) The organization must 
periodically undertake reassessment of 
its compliance program to identify 
changes necessary to reflect changes 
within the organization and its facili-
ties. 
‘‘(vii) 
COORDINATION.—The 
provi-
sions of this subparagraph shall apply with 
respect to a nursing facility in lieu of sec-
tion 1902(a)(77).’’. 
(b) QUALITY ASSURANCE AND PERFORMANCE IM-
PROVEMENT PROGRAM.—
792 
(1) SKILLED
NURSING
FACILITIES.—Section 
1819(b)(1)(B) of the Social Security Act (42 U.S.C. 
1396r(b)(1)(B)) is amended— 
(A) by striking ‘‘ASSURANCE’’ and insert-
ing ‘‘ASSURANCE
AND
QUALITY
ASSURANCE 
AND PERFORMANCE IMPROVEMENT PROGRAM’’; 
(B) by designating the matter beginning 
with ‘‘A skilled nursing facility’’ as a clause (i) 
with the heading ‘‘IN GENERAL.—’’ and the ap-
propriate indentation; 
(C) in clause (i) (as so designated by sub-
paragraph (B)), by redesignating clauses (i) 
and (ii) as subclauses (I) and (II), respectively; 
and 
(D) by adding at the end the following new 
clause: 
‘‘(ii) QUALITY ASSURANCE AND PER-
FORMANCE IMPROVEMENT PROGRAM.— 
‘‘(I) IN
GENERAL.—Not later 
than December 31, 2011, the Sec-
retary shall establish and implement a 
quality assurance and performance 
improvement program (in this clause 
referred to as the ‘QAPI program’) 
for skilled nursing facilities, including
793 
multi-unit chains of such facilities. 
Under the QAPI program, the Sec-
retary shall establish standards relat-
ing to such facilities and provide tech-
nical assistance to such facilities on 
the development of best practices in 
order to meet such standards. Not 
later than 1 year after the date on 
which the regulations are promulgated 
under subclause (II), a skilled nursing 
facility must submit to the Secretary 
a plan for the facility to meet such 
standards and implement such best 
practices, including how to coordinate 
the implementation of such plan with 
quality assessment and assurance ac-
tivities conducted under clause (i). 
‘‘(II) REGULATIONS.—The Sec-
retary shall promulgate regulations to 
carry out this clause.’’. 
(2) 
NURSING
FACILITIES.—Section 
1919(b)(1)(B) of the Social Security Act (42 U.S.C. 
1396r(b)(1)(B)) is amended—
794 
(A) by striking ‘‘ASSURANCE’’ and insert-
ing ‘‘ASSURANCE
AND
QUALITY
ASSURANCE 
AND PERFORMANCE IMPROVEMENT PROGRAM’’; 
(B) by designating the matter beginning 
with ‘‘A nursing facility’’ as a clause (i) with 
the heading ‘‘IN GENERAL.—’’ and the appro-
priate indentation; and 
(C) by adding at the end the following new 
clause: 
‘‘(ii) QUALITY ASSURANCE AND PER-
FORMANCE IMPROVEMENT PROGRAM.— 
‘‘(I) IN
GENERAL.—Not later 
than December 31, 2011, the Sec-
retary shall establish and implement a 
quality assurance and performance 
improvement program (in this clause 
referred to as the ‘QAPI program’) 
for nursing facilities, including multi- 
unit chains of such facilities. Under 
the QAPI program, the Secretary 
shall establish standards relating to 
such facilities and provide technical 
assistance to such facilities on the de-
velopment of best practices in order to 
meet such standards. Not later than 1
795 
year after the date on which the regu-
lations are promulgated under sub-
clause (II), a nursing facility must 
submit to the Secretary a plan for the 
facility to meet such standards and 
implement such best practices, includ-
ing how to coordinate the implementa-
tion of such plan with quality assess-
ment and assurance activities con-
ducted under clause (i). 
‘‘(II) REGULATIONS.—The Sec-
retary shall promulgate regulations to 
carry out this clause.’’. 
(3) PROPOSAL TO REVISE QUALITY ASSURANCE 
AND
PERFORMANCE
IMPROVEMENT
PROGRAMS.— 
The Secretary shall implement policies that modify 
and strengthen quality assurance and performance 
improvement programs in skilled nursing facilities 
and nursing facilities on a periodic basis, as deter-
mined by the Secretary. 
(4) FACILITY
PLAN.—Not later than 1 year 
after the date on which the regulations are promul-
gated under subclause (II) of clause (ii) of sections 
1819(b)(1)(B) and 1919(b)(1)(B) of the Social Se-
curity Act, as added by paragraphs (1) and (2), a
796 
skilled nursing facility and a nursing facility must 
submit to the Secretary a plan for the facility to 
meet the standards under such regulations and im-
plement such best practices, including how to coordi-
nate the implementation of such plan with quality 
assessment and assurance activities conducted under 
clause (i) of such sections. 
(c) GAO STUDY
ON NURSING FACILITY UNDER-
CAPITALIZATION.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study that exam-
ines the following: 
(A) The extent to which corporations that 
own or operate large numbers of nursing facili-
ties, taking into account ownership type (includ-
ing private equity and control interests), are 
undercapitalizing such facilities. 
(B) The effects of such undercapitalization 
on quality of care, including staffing and food 
costs, at such facilities. 
(C) Options to address such undercapital-
ization, such as requirements relating to surety 
bonds, liability insurance, or minimum capital-
ization.
797 
(2) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Comp-
troller General shall submit to Congress a report on 
the study conducted under paragraph (1). 
(3) NURSING FACILITY.—In this subsection, the 
term ‘‘nursing facility’’ includes a skilled nursing fa-
cility. 
SEC. 1413. NURSING HOME COMPARE MEDICARE WEBSITE. 
(a) SKILLED NURSING FACILITIES.— 
(1) IN GENERAL.—Section 1819 of the Social 
Security Act (42 U.S.C. 1395i–3) is amended— 
(A) by redesignating subsection (i) as sub-
section (j); and 
(B) by inserting after subsection (h) the 
following new subsection: 
‘‘(i) NURSING HOME COMPARE WEBSITE.— 
‘‘(1) INCLUSION
OF
ADDITIONAL
INFORMA-
TION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that the Department of Health and 
Human Services includes, as part of the infor-
mation provided for comparison of nursing 
homes on the official Internet website of the 
Federal Government for Medicare beneficiaries 
(commonly referred to as the ‘Nursing Home
798 
Compare’ Medicare website) (or a successor 
website), the following information in a manner 
that is prominent, easily accessible, readily un-
derstandable to consumers of long-term care 
services, and searchable: 
‘‘(i) Information that is reported to 
the Secretary under section 1124(c)(4). 
‘‘(ii) Information on the ‘Special 
Focus Facility program’ (or a successor 
program) established by the Centers for 
Medicare and Medicaid Services, according 
to procedures established by the Secretary. 
Such procedures shall provide for the in-
clusion of information with respect to, and 
the names and locations of, those facilities 
that, since the previous quarter— 
‘‘(I) were newly enrolled in the 
program; 
‘‘(II) are enrolled in the program 
and have failed to significantly im-
prove; 
‘‘(III) are enrolled in the pro-
gram and have significantly improved; 
‘‘(IV) have graduated from the 
program; and
799 
‘‘(V) have closed voluntarily or 
no longer participate under this title. 
‘‘(iii) Staffing data for each facility 
(including resident census data and data 
on the hours of care provided per resident 
per day) based on data submitted under 
subsection (b)(8)(C), including information 
on staffing turnover and tenure, in a for-
mat that is clearly understandable to con-
sumers of long-term care services and al-
lows such consumers to compare dif-
ferences in staffing between facilities and 
State and national averages for the facili-
ties. Such format shall include— 
‘‘(I) concise explanations of how 
to interpret the data (such as a plain 
English explanation of data reflecting 
‘nursing home staff hours per resident 
day’); 
‘‘(II) differences in types of staff 
(such as training associated with dif-
ferent categories of staff); 
‘‘(III) the relationship between 
nurse staffing levels and quality of 
care; and
800 
‘‘(IV) an explanation that appro-
priate staffing levels vary based on 
patient case mix. 
‘‘(iv) Links to State internet websites 
with information regarding State survey 
and certification programs, links to Form 
2567 State inspection reports (or a suc-
cessor form) on such websites, information 
to guide consumers in how to interpret and 
understand such reports, and the facility 
plan of correction or other response to 
such report. 
‘‘(v) The standardized complaint form 
developed under subsection (f)(8), includ-
ing explanatory material on what com-
plaint forms are, how they are used, and 
how to file a complaint with the State sur-
vey and certification program and the 
State long-term care ombudsman program. 
‘‘(vi) Summary information on the 
number, type, severity, and outcome of 
substantiated complaints. 
‘‘(vii) The number of adjudicated in-
stances of criminal violations by employees 
of a nursing facility—
801 
‘‘(I) that were committed inside 
the facility; 
‘‘(II) with respect to such in-
stances of violations or crimes com-
mitted inside of the facility that were 
the violations or crimes of abuse, ne-
glect, and exploitation, criminal sexual 
abuse, or other violations or crimes 
that resulted in serious bodily injury; 
and 
‘‘(viii) The number of civil monetary 
penalties levied against the facility, em-
ployees, contractors, and other agents. 
‘‘(ix) Any other information that the 
Secretary determines appropriate. 
The facility shall not make available under 
clause (iv) identifying information on complain-
ants or residents. 
‘‘(B) DEADLINE FOR PROVISION OF INFOR-
MATION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Secretary shall en-
sure that the information described in sub-
paragraph (A) is included on such website 
(or a successor website) not later than 1
802 
year after the date of the enactment of this 
subsection. 
‘‘(ii) 
EXCEPTION.—The 
Secretary 
shall ensure that the information described 
in subparagraph (A)(i) and (A)(iii) is in-
cluded on such website (or a successor 
website) not later than 1 year after the 
dates on which the data are submitted to 
the 
Secretary 
pursuant 
to 
section 
1124(c)(4) and subsection (b)(8)(C), re-
spectively. 
‘‘(2) 
REVIEW
AND
MODIFICATION
OF 
WEBSITE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish a process— 
‘‘(i) to review the accuracy, clarity of 
presentation, timeliness, and comprehen-
siveness of information reported on such 
website as of the day before the date of the 
enactment of this subsection; and 
‘‘(ii) not later than 1 year after the 
date of the enactment of this subsection, to 
modify or revamp such website in accord-
ance with the review conducted under 
clause (i).
803 
‘‘(B) CONSULTATION.—In conducting the 
review under subparagraph (A)(i), the Sec-
retary shall consult with— 
‘‘(i) State long-term care ombudsman 
programs; 
‘‘(ii) consumer advocacy groups; 
‘‘(iii) provider stakeholder groups; and 
‘‘(iv) any other representatives of pro-
grams or groups the Secretary determines 
appropriate.’’. 
(2) TIMELINESS
OF
SUBMISSION
OF
SURVEY 
AND CERTIFICATION INFORMATION.— 
(A) IN GENERAL.—Section 1819(g)(5) of 
the Social Security Act (42 U.S.C. 1395i– 
3(g)(5)) is amended by adding at the end the 
following new subparagraph: 
‘‘(E) SUBMISSION OF SURVEY AND CER-
TIFICATION
INFORMATION
TO
THE
SEC-
RETARY.—In order to improve the timeliness of 
information made available to the public under 
subparagraph (A) and provided on the Nursing 
Home Compare Medicare website under sub-
section (i), each State shall submit information 
respecting any survey or certification rec-
ommendation made respecting a skilled nursing
804 
facility (including any enforcement actions 
taken by the State or any Federal enforcement 
action recommended by the State) to the Sec-
retary not later than the date on which the 
State sends such information to the facility. 
The Secretary shall use the information sub-
mitted under the preceding sentence to update 
the information provided on the Nursing Home 
Compare Medicare website as expeditiously as 
practicable but not less frequently than quar-
terly.’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by this paragraph shall take effect 1 year 
after the date of the enactment of this Act. 
(3) SPECIAL FOCUS FACILITY PROGRAM.—Sec-
tion 1819(f) of such Act is amended by adding at 
the end the following new paragraph: 
‘‘(8) SPECIAL FOCUS FACILITY PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct a special focus facility program for en-
forcement of requirements for skilled nursing 
facilities that the Secretary has identified as 
having a poor compliance history or that sub-
stantially failed to meet applicable requirements 
of this Act.
805 
‘‘(B) PERIODIC
SURVEYS.—Under such 
program the Secretary shall conduct surveys of 
each facility in the program not less than once 
every 6 months.’’. 
(b) NURSING FACILITIES.— 
(1) IN GENERAL.—Section 1919 of the Social 
Security Act (42 U.S.C. 1396r) is amended— 
(A) by redesignating subsection (i) as sub-
section (j); and 
(B) by inserting after subsection (h) the 
following new subsection: 
‘‘(i) NURSING HOME COMPARE WEBSITE.— 
‘‘(1) INCLUSION
OF
ADDITIONAL
INFORMA-
TION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that the Department of Health and 
Human Services includes, as part of the infor-
mation provided for comparison of nursing 
homes on the official internet website of the 
Federal Government for Medicare beneficiaries 
(commonly referred to as the ‘Nursing Home 
Compare’ Medicare website) (or a successor 
website), the following information in a manner 
that is prominent, easily accessible, readily un-
806 
derstandable to consumers of long-term care 
services, and searchable: 
‘‘(i) Information that is reported to 
the Secretary under section 1124(c)(4) 
‘‘(ii) Information on the ‘Special 
Focus Facility program’ (or a successor 
program) established by the Centers for 
Medicare & Medicaid Services, according to 
procedures established by the Secretary. 
Such procedures shall provide for the in-
clusion of information with respect to, and 
the names and locations of, those facilities 
that, since the previous quarter— 
‘‘(I) were newly enrolled in the 
program; 
‘‘(II) are enrolled in the program 
and have failed to significantly im-
prove; 
‘‘(III) are enrolled in the pro-
gram and have significantly improved; 
‘‘(IV) have graduated from the 
program; and 
‘‘(V) have closed voluntarily or 
no longer participate under this title.
807 
‘‘(iii) Staffing data for each facility 
(including resident census data and data 
on the hours of care provided per resident 
per day) based on data submitted under 
subsection (b)(8)(C)(ii), including informa-
tion on staffing turnover and tenure, in a 
format that is clearly understandable to 
consumers of long-term care services and 
allows such consumers to compare dif-
ferences in staffing between facilities and 
State and national averages for the facili-
ties. Such format shall include— 
‘‘(I) concise explanations of how 
to interpret the data (such as plain 
English explanation of data reflecting 
‘nursing home staff hours per resident 
day’); 
‘‘(II) differences in types of staff 
(such as training associated with dif-
ferent categories of staff); 
‘‘(III) the relationship between 
nurse staffing levels and quality of 
care; and
808 
‘‘(IV) an explanation that appro-
priate staffing levels vary based on 
patient case mix. 
‘‘(iv) Links to State internet websites 
with information regarding State survey 
and certification programs, links to Form 
2567 State inspection reports (or a suc-
cessor form) on such websites, information 
to guide consumers in how to interpret and 
understand such reports, and the facility 
plan of correction or other response to 
such report. 
‘‘(v) The standardized complaint form 
developed under subsection (f)(10), includ-
ing explanatory material on what com-
plaint forms are, how they are used, and 
how to file a complaint with the State sur-
vey and certification program and the 
State long-term care ombudsman program. 
‘‘(vi) Summary information on the 
number, type, severity, and outcome of 
substantiated complaints. 
‘‘(vii) The number of adjudicated in-
stances of criminal violations by employees 
of a nursing facility—