[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9803 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 9803

To amend title XVIII of the Social Security Act to ensure the integrity 
  of hospice care furnished under the Medicare program, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2024

Mr. Blumenauer introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, 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

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to ensure the integrity 
  of hospice care furnished under the Medicare program, and for other 
                               purposes.

    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 ``Hospice Care Accountability, Reform, 
and Enforcement Act of 2024'' or the ``Hospice CARE Act of 2024''.

SEC. 2. ENSURING THE INTEGRITY OF HOSPICE CARE FURNISHED UNDER THE 
              MEDICARE PROGRAM.

    (a) Mandatory Temporary Moratorium on Enrollment.--
            (1) In general.--Section 1866(j) of the Social Security Act 
        (42 U.S.C. 1395cc(j)) is amended by adding at the end the 
        following new paragraph:
            ``(10) Mandatory temporary moratorium on enrollment of 
        hospice programs.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the Secretary shall impose a 
                nationwide temporary moratorium on the enrollment of 
                new hospice programs under this title for the 5-year 
                period beginning on the date of the enactment of this 
                paragraph.
                    ``(B) Exemption for certain hospices.--
                            ``(i) In general.--The Secretary may exempt 
                        a hospice program seeking to enroll under this 
                        title from the moratorium described in 
                        subparagraph (A) if the Secretary determines 
                        that such program will furnish hospice care to 
                        individuals entitled to benefits under part A 
                        in an area with insufficient access to such 
                        care (as specified by the Secretary, taking 
                        into account the considerations described in 
                        clause (ii)).
                            ``(ii) Considerations described.--For 
                        purposes of clause (i), the considerations 
                        described in this clause are, with respect to a 
                        hospice program seeking to enroll under this 
                        title, the following:
                                    ``(I) The specific geographic area 
                                that such program intends to serve.
                                    ``(II) The current availability of 
                                hospice care in such area.
                                    ``(III) Any evidence of unmet need 
                                for hospice care in such area (such as 
                                wait times for such care, the extent to 
                                which such area (or a population in 
                                such area) is considered underserved, 
                                and evidence that existing hospice 
                                programs are provided a substandard 
                                quality of care in such area).
                                    ``(IV) The program's plan to 
                                address any identified gaps in the 
                                provision of hospice care in such area.
                    ``(C) Authority to lift moratorium.--The Secretary 
                may lift the moratorium imposed under subparagraph (A) 
                within a State (or geographic region of a State) 
                specified by the Secretary in the same manner as the 
                Secretary may lift a temporary moratorium (as described 
                in paragraph (7)) under section 424.570(d) of title 42, 
                Code of Federal Regulations (or a successor 
                regulation).
                    ``(D) Application of prepayment medical review 
                during the temporary moratorium in certain 
                circumstances.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary shall apply prepayment medical 
                        review to hospice care consisting of routine 
                        home care furnished during the 5-year period 
                        beginning on the date of the enactment of this 
                        paragraph by an applicable hospice program to a 
                        covered individual.
                            ``(ii) Termination of application of 
                        prepayment medical review.--
                                    ``(I) In general.--The Secretary 
                                shall terminate the application of 
                                prepayment medical review under clause 
                                (i) with respect to hospice care 
                                furnished by an applicable hospice 
                                program to a covered individual if the 
                                Secretary determines that, during the 
                                period in which such care so furnished 
                                by such program was subject to such 
                                review, such care was subject to a low 
                                rate of denial (as specified by the 
                                Secretary) under such review.
                                    ``(II) Revocation of termination.--
                                The Secretary may revoke any 
                                termination of prepayment medical 
                                review under subclause (I) if 
                                determined appropriate by the 
                                Secretary.
                            ``(iii) Definitions.--For purposes of this 
                        subparagraph:
                                    ``(I) Applicable hospice program.--
                                The term `applicable hospice program' 
                                means a hospice program with a history 
                                of claim submissions with respect to 
                                hospice care furnished under this title 
                                that is aberrant (such as by 
                                demonstrating that such program is an 
                                outlier with respect to live 
                                discharges) compared to such history of 
                                claim submissions of similarly situated 
                                hospice programs, as determined by the 
                                Secretary.
                                    ``(II) Covered individual.--The 
                                term `covered individual' means an 
                                individual receiving hospice care under 
                                this title during the second 90-day 
                                period described in section 1812(d)(1) 
                                (or during any subsequent period) 
                                applicable to such individual.
                    ``(E) Revalidation of enrollment information.--
                            ``(i) In general.--During the 6-month 
                        period beginning on the date of the enactment 
                        of this paragraph and notwithstanding any 
                        applicable revalidation cycle under section 
                        424.515 of title 42, Code of Federal 
                        Regulations (or a successor regulation), the 
                        Secretary shall revalidate the enrollment 
                        information of each hospice program enrolled 
                        under this title in accordance with the 
                        requirements applicable to revalidations of 
                        such information under such section.
                            ``(ii) Publication of ownership 
                        information.--Not later than 1 year after the 
                        date of the enactment of this paragraph, the 
                        Secretary shall publish on a public website of 
                        the Centers for Medicare & Medicaid Services 
                        ownership interest and managing control 
                        information collected pursuant to revalidations 
                        described in clause (i) for each hospice 
                        program enrolled under this title.
                            ``(iii) Report.--Not later than January 1, 
                        2027, the Secretary, acting through the 
                        Assistant Secretary for Planning and 
                        Evaluation, shall submit to Congress a report 
                        on hospice ownership and control trends and the 
                        role of private equity in ownership and control 
                        of hospice programs. Such report shall 
                        include--
                                    ``(I) validation, to the extent 
                                feasible, of the ownership and control 
                                information reported on form CMS-855A 
                                (or any successor form);
                                    ``(II) an analysis of hospice cost 
                                report data by ownership type;
                                    ``(III) recommendations on ways to 
                                improve the integrity of the ownership 
                                and control information reported by 
                                hospices during the enrollment process 
                                under this title; and
                                    ``(IV) to the extent practicable, 
                                recommendations on policies to promote 
                                health care competition.
                    ``(F) Implementation.--The Secretary shall 
                implement this paragraph through program instruction or 
                other forms of subregulatory guidance.''.
            (2) Authority to provide exemptions to temporary 
        moratoria.--Section 1866(j)(7) of the Social Security Act (42 
        U.S.C. 1395cc(j)(7)) is amended--
                    (A) in subparagraph (A), by adding at the end the 
                following new sentence: ``The Secretary may exempt a 
                provider of services or supplier that would otherwise 
                be subject to a moratorium imposed under the preceding 
                sentence from such moratorium if determined appropriate 
                by the Secretary.''; and
                    (B) in subparagraph (C)(iii)--
                            (i) in subclause (I), by striking ``and'' 
                        at the end;
                            (ii) in subclause (II), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subclause:
                                    ``(III) is not subject to an 
                                exemption described in such 
                                subparagraph.''.
    (b) Extension of Oversight of Newly-Enrolled Hospice Programs.--
            (1) In general.--Section 1866(j)(3)(A) of the Social 
        Security Act (42 U.S.C. 1395cc(j)(3)(A)) is amended by 
        inserting ``(or, in the case of a hospice program, not more 
        than 2 years)'' after ``1 year''.
            (2) Mandatory application of enhanced oversight for certain 
        hospice programs.--Section 1866(j)(3) of the Social Security 
        Act (42 U.S.C. 1395cc(j)(3)) is amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) Mandatory application to certain hospice 
                programs.--The procedures established by the Secretary 
                under subparagraph (A) shall provide that any hospice 
                program enrolling under this title that would, but for 
                application of subparagraph (B) or (C) of paragraph 
                (10), have been prohibited from so enrolling be subject 
                to the enhanced oversight described in such 
                subparagraph for a period of not less than 30 days.''.
    (c) Increase in Survey Frequency for Certain Hospice Programs.--
Section 1822(a) of the Social Security Act (42 U.S.C. 1395i-6(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``, with respect to such a survey 
                conducted with respect to a hospice program that is not 
                included on the list established under paragraph (5),'' 
                after ``local survey agency, or''; and
                    (B) by inserting ``(or, in the case of a hospice 
                program that is included on the list established under 
                paragraph (5), not less frequently than once every 18 
                months)'' after ``36 months'';
            (2) by redesignating paragraph (5) as paragraph (6);
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Hospice programs subject to increased survey 
        frequency.--
                    ``(A) In general.--The Secretary shall establish a 
                list of hospice programs subject to increased survey 
                frequency under paragraph (1) in accordance with the 
                provisions of this paragraph.
                    ``(B) Inclusion on list.--
                            ``(i) In general.--The Secretary shall 
                        include a hospice program on the list 
                        established under subparagraph (A) if such 
                        program is not participating in the special 
                        focus program under subsection (b) and such 
                        hospice program meets either of the following 
                        criteria:
                                    ``(I) The program first submitted a 
                                claim for an item or service under this 
                                title during the 5-year period ending 
                                on the date of the enactment of this 
                                paragraph.
                                    ``(II) The program first submits a 
                                claim for an item or service under this 
                                title on or after such date of 
                                enactment.
                            ``(ii) Discretionary inclusion.--The 
                        Secretary may include a hospice program on the 
                        list established under subparagraph (A)--
                                    ``(I) if claims data submitted by 
                                such program indicates that such 
                                program is not providing the full scope 
                                of hospice care services payable under 
                                this title;
                                    ``(II) if the Secretary determines 
                                that such program is an outlier with 
                                respect to live discharges; or
                                    ``(III) for any other reason 
                                determined appropriate by the 
                                Secretary.
                    ``(C) Removal from list.--The Secretary shall 
                remove a hospice program included in the list 
                established under subparagraph (A)--
                            ``(i) if--
                                    ``(I) such program has been subject 
                                to 2 surveys under this subsection 
                                while included on such list; and
                                    ``(II) neither such survey resulted 
                                in such program being cited for a 
                                deficiency for failure to comply with a 
                                condition of participation relating to 
                                quality of care; or
                            ``(ii) if such program is placed in the 
                        special focus program established under 
                        subsection (b).''; and
            (4) in paragraph (6), as so redesignated, by striking 
        ``each fiscal year (beginning with fiscal year 2022)'' and 
        inserting ``each of fiscal years 2022 through 2025, and of 
        $15,000,000 for fiscal year 2026 and for each subsequent fiscal 
        year,''.
    (d) Prohibition on Payment for Failure To Meet Quality Data 
Reporting Requirements.--Section 1814(i)(5) of the Social Security Act 
(42 U.S.C. 1395f(i)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) in the header, by striking ``Reduction in 
                update for'';
                    (B) in clause (i)--
                            (i) in the header, by striking ``In 
                        general'' and inserting ``Fiscal years 2014 
                        through 2026'';
                            (ii) by inserting ``through fiscal year 
                        2026'' after ``each subsequent fiscal year''; 
                        and
                            (iii) by adding at the end the following 
                        new sentence: ``The application of the 
                        preceding sentence may result in the market 
                        basket percentage increase under paragraph 
                        (1)(C)(ii)(VII) or paragraph (1)(C)(iii), as 
                        applicable, being less than 0.0 for a fiscal 
                        year, and may result in payment rates under 
                        this subsection for a fiscal year being less 
                        than such payment rates for the preceding 
                        fiscal year.''; and
                    (C) by amending clause (ii) to read as follows:
                            ``(ii) Subsequent fiscal years.--For 
                        purposes of fiscal year 2027 and each 
                        subsequent fiscal year, no payment may be made 
                        under this title to a hospice program that does 
                        not submit data to the Secretary in accordance 
                        with subparagraph (C)