IV 
116TH CONGRESS 
1ST SESSION 
H. CON. RES. 63 
Expressing the sense of Congress that the Centers for Medicare & Medicaid 
Services should take action to ensure that home infusion therapy services 
are accessible to all Medicare beneficiaries. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2019 
Mr. ENGEL submitted the following concurrent resolution; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee on Ways and Means, 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 
CONCURRENT RESOLUTION 
Expressing the sense of Congress that the Centers for Medi-
care & Medicaid Services should take action to ensure 
that home infusion therapy services are accessible to 
all Medicare beneficiaries. 
Whereas home infusion therapy services allow patients with 
congestive heart failure, immunologic diseases, cancer, 
and other conditions to remain home, away from the risk 
of hospital-acquired infections, where patients can resume 
their personal and professional activities; 
Whereas home infusion therapy services are an extension of 
the health care continuum and serve as a safe, conven-
ient, cost-effective alternative for patients to be adminis-
VerDate Sep 11 2014 
02:22 Sep 19, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6300
E:\BILLS\HC63.IH
HC63
kjohnson on DSK79L0C42 with BILLS
•HCON 63 IH 
tered infusion drugs when other settings are unnecessary, 
impractical, or unavailable; when transport outside the 
home is a burden to the patient or family; or when ad-
ministration of infusion drugs at home can improve qual-
ity of life; 
Whereas the Government Accountability Office concluded in 
a 2010 report that ‘‘providing infusion therapy at home 
generally costs less than treatment in other settings’’; 
Whereas the 21st Century Cures Act created a home infusion 
therapy services benefit, beginning in 2021, under the 
Medicare program under title XVIII of the Social Secu-
rity Act to ensure that Medicare beneficiaries continue to 
have access to home infusion therapy services; 
Whereas the Bipartisan Budget Act of 2018 included a provi-
sion to provide for temporary transitional payments for 
home infusion therapy services in 2019 and 2020, and 
the Congressional Budget Office projected that such pro-
vision would save $910,000,000 from 2018 through 
2022; 
Whereas Congress intended for the Medicare program to pro-
vide payments for all home infusion therapy services pro-
vided in accordance with a Medicare beneficiary’s plan of 
care, including pharmacy services (including administra-
tive, compounding, dispensing, distribution, clinical moni-
toring, and care coordination services), nursing services, 
and other services as required by the plan of care; 
Whereas such payments for home infusion therapy services 
were intended to be separate from, and in addition to, 
payments under the Medicare program for durable med-
ical equipment, which cover the costs of equipment and 
supplies necessary to administer home infusion drugs but 
VerDate Sep 11 2014 
02:22 Sep 19, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6300
E:\BILLS\HC63.IH
HC63
kjohnson on DSK79L0C42 with BILLS
•HCON 63 IH 
are not adequate to cover the costs of professional serv-
ices furnished to administer such drugs; 
Whereas Congress intended for the Medicare program to pro-
vide, with respect to a Medicare beneficiary, payments for 
each infusion drug administration calendar day of such 
beneficiary, that is, each day a home infusion drug phys-
ically enters such beneficiary’s body; 
Whereas neither the 21st Century Cures Act nor the Bipar-
tisan Budget Act of 2018 instructed the Centers for 
Medicare & Medicaid Services to make payments only for 
days on which a skilled professional is physically present 
in a Medicare beneficiary’s home; 
Whereas the Centers for Medicare & Medicaid Services has 
implemented both statutes in direct contradiction of the 
plain meaning of such statutes, as well as Congress’ ex-
plicit intent; and 
Whereas clarification of Congress’ intent regarding the imple-
mentation of the 21st Century Cures Act and the Bipar-
tisan Budget Act of 2018, ensuring payments for each 
infusion drug administration calendar day, is necessary 
to protect Medicare beneficiaries’ access to home infusion 
therapy services: Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That it is the sense of Congress that the Cen-
ters for Medicare & Medicaid Services should promulgate 
regulations that define an infusion drug administration 
calendar day to mean, with respect to a Medicare bene-
ficiary, any day on which a home infusion drug physically 
enters such beneficiary’s body. Such regulations should 
VerDate Sep 11 2014 
02:22 Sep 19, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\HC63.IH
HC63
kjohnson on DSK79L0C42 with BILLS
•HCON 63 IH 
not limit the definition to days on which a skilled profes-
sional is physically present in such a beneficiary’s home. 
Æ 
VerDate Sep 11 2014 
02:22 Sep 19, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\HC63.IH
HC63
kjohnson on DSK79L0C42 with BILLS