Legislative Update: U.S. House of Representatives Passes Four Medicare Bills

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On September 12, 2018, the U.S. House of Representatives approved by voice vote four bipartisan bills to amend various provisions of the Medicare program.  A summary of each bill is below.

  • H.R. 3635, the Local Coverage Determination Clarification Act of 2017, would bring transparency and accountability to the process by which Medicare Administrative Contractors (MACs) make local coverage determinations (LCDs) for their regions. Introduced by Representative Lynn Jenkins (R-KS), H.R. 3635 would require open and public MAC meetings, disclosure by the MAC of the rationale for a LCD, and disclosure of evidence for that decision.  Additionally, the bill would require annual reports to Congress on the number and disposition of LCD appeals.  The College of American Pathologists (CAP) raised concerns about language struck from the bill prior to House floor consideration.  Specifically, during the House Ways and Means Committee markup of H.R. 3635, an amendment was adopted to eliminate a requirement that each MAC independently evaluate another MAC’s scientific evidence for a LCD prior to implementing that LCD for its region.  Representative Ron Kind (D-WI), the lead Democratic cosponsor of H.R. 3635, raised concerns that stripping this language would have the effect of allowing LCDs to become national policy.  CAP has urged the Senate to maintain this MAC independence language in its bipartisan companion bill, S. 794, which was introduced by Senator Johnny Isakson (R-GA) and is pending before the Senate Finance Committee.
  • H.R. 6561, the Comprehensive Care for Seniors Act of 2018, would direct the Department of Health and Human Services to finalize regulations, proposed in 2016, for the Program of All-Inclusive Care for the Elderly.  H.R. 6561 was introduced by Representative Jackie Walorski (R-IN).  A bipartisan Senate companion bill, S. 3338, was introduced by Senator Tom Carper (D-DE) in August and is pending before the Senate Finance Committee. 
  • H.R. 6662, the Empowering Seniors' Enrollment Decision Act of 2018, would extend the special enrollment period for certain beneficiaries in a Medicare Cost Plan not tied to a Medicare Advantage Plan to change their coverage.  Introduced by Representative Erik Paulsen (R-MN), H.R. 6662 does not have a Senate companion bill.
  • H.R. 6690, the Fighting Fraud to Protect Care for Seniors Act of 2018, proposes to establish a three-year pilot program to replace beneficiaries’ Medicare identification cards with smart identification card technology.   Introduced by House Ways and Means Health Subcommittee Chairman Peter Roskam (R-IL) to strengthen program integrity efforts to combat Medicare fraud and protect beneficiary identity, H.R. 6690 does not yet have a Senate companion bill.

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