SEC. 3. REQUIRING PUBLICATION OF FEE-FOR-SERVICE 
PROVIDER DIRECTORY. 
(a) IN GENERAL.—Section 1902(a) of the Social Se-
curity Act (42 U.S.C. 1396a(a)) is amended— 
(1) in paragraph (80), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (81), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (81) the fol-
lowing new paragraph: 
‘‘(82) provide that, not later than January 1, 
2017, in the case of a State plan (or waiver of the 
plan) that provides medical assistance on a fee-for- 
service basis or through a primary care case-man-
agement system described in section 1915(b)(1) 
(other than a primary care case management entity 
(as defined by the Secretary)), the State shall pub-
lish (and update on at least an annual basis) on the 
public Website of the State agency administering the 
State plan, a directory of the physicians described in 
subsection (mm) and, at State option, other pro-
viders described in such subsection that— 
‘‘(A) includes— 
‘‘(i) with respect to each such physi-
cian or provider—
‘‘(I) the name of the physician or 
provider; 
‘‘(II) the specialty of the physi-
cian or provider; 
‘‘(III) the address at which the 
physician or provider provides serv-
ices; and 
‘‘(IV) the telephone number of 
the physician or provider; and 
‘‘(ii) with respect to any such physi-
cian or provider participating in such a 
primary care case-management system, in-
formation regarding— 
‘‘(I) whether the physician or 
provider is accepting as new patients 
individuals who receive medical assist-
ance under this title; and 
‘‘(II) the physician’s or provider’s 
cultural and linguistic capabilities, in-
cluding the languages spoken by the 
physician or provider or by the skilled 
medical interpreter providing interpre-
tation services at the physician’s or 
provider’s office; and
‘‘(B) may include, at State option, with re-
spect to each such physician or provider— 
‘‘(i) the Internet website of such phy-
sician or provider; or 
‘‘(ii) whether the physician or provider 
is accepting as new patients individuals 
who receive medical assistance under this 
title.’’. 
(b) DIRECTORY
PHYSICIAN
OR
PROVIDER
DE-
SCRIBED.—Section 1902 of the Social Security Act (42 
U.S.C. 1396a), as amended by section 2(a)(3), is further 
amended by adding at the end the following new sub-
section: 
‘‘(mm) DIRECTORY PHYSICIAN OR PROVIDER DE-
SCRIBED.—A physician or provider described in this sub-
section is— 
‘‘(1) in the case of a physician or provider of 
a provider type for which the State agency, as a con-
dition on receiving payment for items and services 
furnished by the physician or provider to individuals 
eligible to receive medical assistance under the State 
plan, requires the enrollment of the physician or pro-
vider with the State agency, a physician or a pro-
vider that—
‘‘(A) is enrolled with the agency as of the 
date on which the directory is published or up-
dated (as applicable) under subsection (a)(82); 
and 
‘‘(B) received payment under the State 
plan in the 12-month period preceding such 
date; and 
‘‘(2) in the case of a physician or provider of 
a provider type for which the State agency does not 
require such enrollment, a physician or provider that 
received payment under the State plan (or waiver of 
the plan) in the 12-month period preceding the date 
on which the directory is published or updated (as 
applicable) under subsection (a)(82).’’. 
(c) RULE OF CONSTRUCTION.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall not be construed to apply in the 
case of a State (as defined for purposes of title XIX 
of the Social Security Act) in which all the individ-
uals enrolled in the State plan under such title (or 
under a waiver of such plan), other than individuals 
described in paragraph (2), are enrolled with a med-
icaid managed care organization (as defined in sec-
tion 1903(m)(1)(A) of such Act (42 U.S.C. 
1396b(m)(1)(A))), including prepaid inpatient health
plans and prepaid ambulatory health plans (as de-
fined by the Secretary of Health and Human Serv-
ices). 
(2) INDIVIDUALS
DESCRIBED.—An individual 
described in this paragraph is an individual who is 
an Indian (as defined in section 4 of the Indian 
Health Care Improvement Act (25 U.S.C. 1603)) or 
an Alaska Native. 
(d) EXCEPTION FOR STATE LEGISLATION.—In the 
case of a State plan under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.), which the Secretary of 
Health and Human Services determines requires State 
legislation in order for the respective plan to meet one or 
more additional requirements imposed by amendments 
made by this section, the respective plan shall not be re-
garded as failing to comply with the requirements of such 
title solely on the basis of its failure to meet such an addi-
tional requirement before the first day of the first calendar 
quarter beginning after the close of the first regular ses-
sion of the State legislature that begins after the date of 
enactment of this Act. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legislative 
session, each year of the session shall be considered to be 
a separate regular session of the State legislature.
SEC. 4. EXTENSION OF THE TRANSITION TO NEW PAYMENT 
RATES FOR DURABLE MEDICAL EQUIPMENT 
UNDER THE MEDICARE PROGRAM. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall extend the transition period de-
scribed in clause (i) of section 414.210(g)(9) of title 42, 
Code of Federal Regulations, from June 30, 2016, to Sep-
tember 30, 2016 (with the full implementation described 
in clause (ii) of such section applying to items and services 
furnished with dates of service on or after October 1, 
2016). 
(b) STUDY AND REPORT.— 
(1) STUDY.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Health and Human Services shall conduct a 
study that examines the impact of applicable 
payment adjustments upon— 
(i) the number of suppliers of durable 
medical equipment that, on a date that is 
not before January 1, 2016, and not later 
than September 1, 2016, ceased to conduct 
business as such suppliers; and 
(ii) the availability of durable medical 
equipment, during the period beginning on 
January 1, 2016, and ending on Sep-
tember 1, 2016, to individuals entitled to
benefits under part A of title XVIII of the 
Social Security Act (42 U.S.C. 1395 et 
seq.) or enrolled under part B of such title. 
(B) DEFINITIONS.—For purposes of this 
subsection, the following definitions apply: 
(i) SUPPLIER; 
DURABLE
MEDICAL 
EQUIPMENT.—The terms ‘‘supplier’’ and 
‘‘durable medical equipment’’ have the 
meanings given such terms by section 1861 
of the Social Security Act (42 U.S.C. 
1395x). 
(ii) APPLICABLE
PAYMENT
ADJUST-
MENT.—The term ‘‘applicable payment ad-
justment’’ means a payment adjustment 
described in section 414.210(g) of title 42, 
Code of Federal Regulations, that is 
phased in by paragraph (9)(i) of such sec-
tion. For purposes of the preceding sen-
tence, a payment adjustment that is 
phased in pursuant to the extension under 
subsection (a) shall be considered a pay-
ment adjustment that is phased in by such 
paragraph (9)(i). 
(2) REPORT.—The Secretary of Health and 
Human Services shall, not later than September 10,
2016, submit to the Committees on Ways and 
Means and on Energy and Commerce of the House 
of Representatives, and to the Committee on Fi-
nance of the Senate, a report on the findings of the 
study conducted under paragraph (1). 
SEC. 5. EXCLUSION OF PAYMENTS FROM STATE EUGENICS 
COMPENSATION PROGRAMS FROM CONSID-
ERATION IN DETERMINING ELIGIBILITY FOR, 
OR THE AMOUNT OF, FEDERAL PUBLIC BENE-
FITS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, payments made under a State eugenics com-
pensation program shall not be considered as income or 
resources in determining eligibility for, or the amount of, 
any Federal public benefit. 
(b) DEFINITIONS.—For purposes of this section: 
(1) FEDERAL
PUBLIC
BENEFIT.—The term 
‘‘Federal public benefit’’ means— 
(A) any grant, contract, loan, professional 
license, or commercial license provided by an 
agency of the United States or by appropriated 
funds of the United States; and 
(B) any retirement, welfare, health, dis-
ability, public or assisted housing, postsec-
ondary education, food assistance, unemploy-
ment benefit, or any other similar benefit for 
which payments or assistance are provided to 
an individual, household, or family eligibility 
unit by an agency of the United States or by 
appropriated funds of the United States. 
(2) STATE
EUGENICS
COMPENSATION
PRO-
GRAM.—The term ‘‘State eugenics compensation 
program’’ means a program established by State law 
that is intended to compensate individuals who were 
sterilized under the authority of the State. 
SEC. 6. DEPOSIT OF SAVINGS INTO MEDICARE IMPROVE-
MENT FUND. 
Section 1898(b)(1) of the Social Security Act (42 
U.S.C. 1395iii(b)(1)) is amended by striking ‘‘$0’’ and in-
serting ‘‘$3,000,000’’. 
Passed the House of Representatives July 5, 2016. 
Attest: 
Clerk.
114TH CONGRESS 
2D SESSION 
H. R. 5210 
AN ACT 
To improve access to durable medical equipment for 
Medicare beneficiaries under the Medicare pro-
gram, and for other purposes.