Title: Protecting the American Taxpayer and Medicare Act
Policy area: Health

Summary:
Protecting the American Taxpayer and Medicare Act
This bill makes several budgetary and technical changes, particularly in relation to Medicare.
Specifically, the bill continues to exempt Medicare from sequestration until March 31, 2022. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)
Additionally, the bill (1) temporarily extends other provisions under Medicare, including a payment increase under the physician fee schedule; and (2) requires any debits recorded for FY2022 on the statutory pay-as-you-go (PAYGO) scorecards to be deducted from the scorecards for 2022 and added to the scorecards for 2023.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3344 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3344

             To protect the American Taxpayer and Medicare.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2021

  Mr. Kennedy (for himself, Mr. Graham, Mr. Hagerty, Mr. Cotton, Mr. 
  Scott of South Carolina, Mr. Scott of Florida, Mrs. Blackburn, Mr. 
     Hawley, Mr. Boozman, Mr. Hoeven, Mr. Marshall, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
             To protect the American Taxpayer and Medicare.

    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 ``Protecting the American Taxpayer and 
Medicare Act''.

SEC. 2. ADJUSTMENTS TO MEDICARE SEQUESTRATION REDUCTIONS.

    (a) Extension of Temporary Suspension Through March 2022.--
            (1) In general.--Section 3709(a) of division A of the CARES 
        Act (2 U.S.C. 901a note) is amended--
                    (A) in the subsection header by inserting ``and 
                Adjustment'' after ``Suspension''; and
                    (B) by striking ``December 31, 2021'' and inserting 
                ``March 31, 2022''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if enacted as part of the CARES Act 
        (Public Law 116-136).
    (b) Adjustments to Medicare Program Sequestration Reduction With 
Respect to Fiscal Years 2022 and 2030.--Section 251A(6) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is 
amended--
            (1) by redesignating subparagraph (C) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraphs:
                    ``(C) Notwithstanding the 2 percent limit specified 
                in subparagraph (A) for payments for the Medicare 
                programs specified in section 256(d), the sequestration 
                order of the President under such subparagraph for 
                fiscal year 2022 shall be applied to such payments so 
                that with respect to the period beginning on April 1, 
                2022, and ending on June 30, 2022, the payment 
                reduction shall be 1.0 percent.
                    ``(D) Notwithstanding the 2 percent limit specified 
                in subparagraph (A) for payments for the Medicare 
                programs specified in section 256(d), the sequestration 
                order of the President under such subparagraph for 
                fiscal year 2030 shall be applied to such payments so 
                that--
                            ``(i) with respect to the first 6 months in 
                        which such order is effective for such fiscal 
                        year, the payment reduction shall be 2.25 
                        percent; and
                            ``(ii) with respect to the second 6 months 
                        in which such order is so effective for such 
                        fiscal year, the payment reduction shall be 3 
                        percent.''.

SEC. 3. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER PROFESSIONALS IN 
              ADJUSTING TO MEDICARE PAYMENT CHANGES.

    (a) In General.--Section 1848 of the Social Security Act (42 U.S.C. 
1395w-4) is amended--
            (1) in subsection (c)(2)(B)(iv)(V), by striking ``2021'' 
        and inserting ``2021 or 2022''; and
            (2) in subsection (t)--
                    (A) in the subsection header, by striking ``2021'' 
                and inserting ``2021 and 2022'';
                    (B) in paragraph (1)--
                            (i) by striking ``during 2021'' and 
                        inserting ``during 2021 and 2022''; and
                            (ii) by striking ``for such services 
                        furnished on or after January 1, 2021, and 
                        before January 1, 2022, by 3.75 percent.'' and 
                        inserting ``for--
                    ``(A) such services furnished on or after January 
                1, 2021, and before January 1, 2022, by 3.75 percent; 
                and
                    ``(B) such services furnished on or after January 
                1, 2022, and before January 1, 2023, by 3.0 percent.''; 
                and
                    (C) in paragraph (2)(C)--
                            (i) in the subparagraph header, by striking 
                        ``2021'' and inserting ``2021 and 2022'';
                            (ii) by inserting ``for services furnished 
                        in 2021 or 2022'' after ``under this 
                        subsection''; and
                            (iii) by inserting ``or 2022, 
                        respectively'' before the period at the end.
    (b) Report.--Section 101(c) of division N of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260) is amended--
            (1) in the first sentence--
                    (A) by striking ``April 1, 2022'' and inserting 
                ``each of April 1, 2022, and April 1, 2023''; and
                    (B) by striking ``, as added by subsection (a)'' 
                and inserting ``furnished during 2021 or 2022, 
                respectively''; and
            (2) in the second sentence--
                    (A) by striking ``Such report'' and inserting 
                ``Each such report''; and
                    (B) by inserting ``with respect to 2021 or 2022, as 
                applicable'' after ``under such section''.

SEC. 4. PRESERVING PATIENT ACCESS TO CRITICAL CLINICAL LAB SERVICES.

    (a) Revised Phase-In of Reductions From Private Payor Rate 
Implementation.--Section 1834A(b)(3) of the Social Security Act (42 
U.S.C. 1395m-1(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``through 2024'' and 
        inserting ``through 2025''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``for 2021'' and 
                inserting ``for each of 2021 and 2022''; and
                    (B) in clause (iii), by striking ``2022 through 
                2024'' and inserting ``2023 through 2025''.
    (b) Revised Reporting Period for Reporting of Private Sector 
Payment Rates for Establishment of Medicare Payment Rates.--Section 
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) 
is amended--
            (1) in clause (i), by striking ``December 31, 2021'' and 
        inserting ``December 31, 2022''; and
            (2) in clause (ii)--
                    (A) by striking ``January 1, 2022'' and inserting 
                ``January 1, 2023''; and
                    (B) by striking ``March 31, 2022'' and inserting 
                ``March 31, 2023''.

SEC. 5. DELAY TO THE IMPLEMENTATION OF THE RADIATION ONCOLOGY MODEL 
              UNDER THE MEDICARE PROGRAM.

    Section 133 of Division CC of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended by striking ``January 1, 2022'' 
and inserting ``January 1, 2023''.

SEC. 6. MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ``fiscal year 2021'' and all that 
follows through the period at the end and inserting ``fiscal year 2021, 
$101,000,000.''.

SEC. 7. PAYGO ANNUAL REPORT.

    For the purposes of the annual report issued pursuant to section 5 
of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after 
adjournment of the first session of the 117th Congress, and for 
determining whether a sequestration order is necessary under such 
section, the debit for the budget year on the 5-year scorecard, if any, 
and the 10-year scorecard, if any, shall be deducted from such 
scorecard in 2022 and added to such scorecard in 2023.
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