I 
110TH CONGRESS 
2D SESSION 
H. R. 5542 
To amend title XVIII of the Social Security Act to provide for a temporary 
moratorium on enforcement of the cap amount on payments for hospice 
care under the Medicare Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2008 
Mr. SULLIVAN (for himself, Mr. BOREN, Mr. LUCAS, Mr. COLE of Oklahoma, 
Ms. FALLIN, Mr. PICKERING, Mr. MARCHANT, Mr. THOMPSON of Mis-
sissippi, Mr. BONNER, Mr. SESSIONS, Mr. TAYLOR, and Mr. UDALL of 
New Mexico) introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on En-
ergy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for a temporary moratorium on enforcement of the cap 
amount on payments for hospice care under the Medicare 
Program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Access to 
Hospice (PATH) Act of 2008’’. 
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SEC. 2. TEMPORARY MORATORIUM OF ENFORCEMENT OF 
HOSPICE CAP AMOUNT. 
Section 1814(i)(2) of the Social Security Act (42 
U.S.C. 1395f(i)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘The 
amount’’ and inserting ‘‘Subject to subparagraph 
(E), the amount’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(E) During the period beginning on No-
vember 1, 2005 and ending on October 31, 
2008, the payment limitation under subpara-
graph (A) shall not apply with respect to hos-
pice care provided by (or under arrangements 
made by) a hospice program during such pe-
riod. In the case where a hospice program has 
made any payments to the program under this 
part as of the date of enactment of this sub-
paragraph that were not required to be made as 
a result of the preceding sentence, the Sec-
retary shall not be required to reimburse the 
hospice program for the amount of such pay-
ments.’’. 
SEC. 3. MEDPAC STUDY AND REPORT ON HOSPICE CARE. 
(a) STUDY.—The Medicare Payment Advisory Com-
mission shall conduct a study on— 
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(1) the resource effectiveness and quality of 
hospice care as a substitute benefit for other acute 
care alternatives under the Medicare program under 
title XVIII of the Social Security Act; 
(2) the optimal median and average length of 
stay in hospice care under the Medicare program; 
(3) the reasons for persistently low median and 
average length of stay in hospice care under the 
Medicare program, and regional variations in timely 
access to hospice care under such program; and 
(4) the desirability of requiring a national cov-
erage 
determination 
(as 
defined 
in 
section 
1869(f)(1)(B) of the Social Security Act (42 U.S.C. 
1395ff(f)(1)(B)) in determining eligibility for hos-
pice care under the Medicare program. 
(b) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Commission shall sub-
mit a report on the study conducted under subsection (a), 
together with recommendations for such legislation or ad-
ministrative action as the Commission determines appro-
priate. 
(c) HOSPICE CARE DEFINED.—In this section, the 
term ‘‘hospice care’’ has the meaning given such term in 
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