TRIA Act of 2021
Bill: H.R.2455 | Sponsor: Rep. Sewell, Terri A. (D-AL)
Policy area: Health

Summary:
Resetting the Impact Act of 2021 or the TRIA Act of 2021
This bill requires certain data collection and recommendations relating to a Medicare post-acute care prospective payment system to incorporate the effects of COVID-19 on providers and patients.
Current law requires the Centers for Medicare & Medicaid Services (CMS) and the Medicare Payment Advisory Commission to develop a prototype for a unified Medicare payment system for post-acute care that is based primarily on patient characteristics (e.g., cognitive ability, functional status, or impairments) rather than the provider setting (e.g., skilled nursing facility, home health agency, inpatient rehabilitation facility, or long-term care hospital).
The bill requires the prototype to account for the role of post-acute care providers during public health emergencies, particularly in light of the COVID-19 emergency and the related effects on such providers and their patients. The bill also delays the development of the prototype until two years after the later of January 1, 2022, and the date by which the CMS has collected eight calendar quarters of data after the emergency ends and other changes have been implemented.

To amend the IMPACT Act of 2014 to reset data collection and the 
development of a payment system technical prototype for post-acute care 
 providers under the Medicare program to take into account the effects 
                              of COVID-19.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resetting the Impact Act of 2021'' 
or the ``TRIA Act of 2021''.

SEC. 2. RESETTING DATA COLLECTION AND THE DEVELOPMENT OF A PAYMENT 
              SYSTEM TECHNICAL PROTOTYPE FOR POST-ACUTE CARE PROVIDERS 
              UNDER THE MEDICARE PROGRAM TO TAKE INTO ACCOUNT THE 
              EFFECTS OF COVID-19.

    (a) In General.--Section 2(b)(2) of the IMPACT Act of 2014 (Public 
Law 113-185) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``Not later than'' and all that follows through 
                ``subsection (a),'' and inserting ``Not earlier than 
                the date that is 2 years after the later of January 1, 
                2022, and the date by which the Secretary of Health and 
                Human Services has collected at least 8 specified 
                calendar quarters (as defined in subparagraph (C)) of 
                standardized patient assessment data under subsection 
                (b) of section 1899B of the Social Security Act, of 
                data on quality measures under subsection (c) of such 
                section, and of resource use and claims data under 
                subsection (d) of such section from each of the PAC 
                payment systems (as defined in subsection (a)(2)(D) of 
                such section),''; and
                    (B) in clause (i)--
                            (i) in subclause (III), by striking ``and'' 
                        at the end;
                            (ii) in subclause (IV), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subclause:
                                    ``(V) account for the role that 
                                each type of PAC provider may play 
                                during public health emergencies, 
                                taking into account the value of each 
                                such type of provider during the COVID-
                                19 public health emergency, such as the 
                                percent of patient populations served 
                                by each such type of provider with or 
                                recovering from COVID-19, as well as 
                                the acuity levels of such 
                                populations.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Specified calendar quarter defined.--For 
                purposes of subparagraph (A), the term `specified 
                calendar quarter' means a calendar quarter--
                            ``(i) beginning after the prospective 
                        payment system for home health agencies under 
                        section 1895 of the Social Security Act has 
                        incorporated the Patient-Driven Groupings Model 
                        (as described at 83 Fed. Reg. 56446 et seq.);
                            ``(ii) beginning after the prospective 
                        payment system for skilled nursing facilities 
                        under section 1888(e) of such Act has 
                        incorporated the Patient-Driven Payment Model 
                        (as described in 83 Fed. Reg. 39162 et seq.); 
                        and
                            ``(iii) no portion of which occurs during a 
                        nationwide public health emergency declared by 
                        the Secretary pursuant to section 319 of the 
                        Public Health Service Act with respect to which 
                        any waiver has been effectuated by the 
                        Secretary pursuant to section 1135 of the 
                        Social Security Act.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the IMPACT Act of 2014 
(Public Law 113-185).
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