[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)