Sec. 70111. Renewal of application of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers
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/bill/116/hr/6379/ih/section-70111·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended by striking subparagraph
(C)and inserting the following: payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are— furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or furnished during the period beginning on the first day of the first month beginning after the date of the enactment of the Take Responsibility for Workers and Families Act and ending on the last day of the calendar quarter during which the last day of the emergency period described in section 1135(g)(1)(B) occurs— by a physician with a primary specialty designation of family medicine, general internal medicine, pediatric medicine, or obstetrics and gynecology, but only if the physician self-attests that the physician is board-certified in family medicine, general internal medicine, pediatric medicine, or obstetrics and gynecology, respectively; by a physician with a primary specialty designation of a family medicine subspecialty, an internal medicine subspecialty, a pediatric subspecialty, or a subspecialty of obstetrics and gynecology, without regard to the board that offers the designation for such a subspecialty, but only if the physician self-attests that the physician is board-certified in such a subspecialty; by an advanced practice clinician, as defined by the Secretary, that works under the supervision of— a physician described in subclause
(I)or (II); or a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)(2)) who is working in accordance with State law; by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician described in subclause
(I)or (II), an advanced practice clinician described in subclause (III), or a nurse practitioner, physician assistant, or certified nurse-midwife described in subclause (III)(bb), for services furnished by— such a physician, nurse practitioner, physician assistant, or certified nurse-midwife, respectively; or an advanced practice clinician supervised by such a physician, nurse practitioner, physician assistant, or certified nurse-midwife; or by a nurse practitioner, physician assistant, or certified nurse-midwife described in subclause (III)(bb), in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII; . Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended— by striking Notwithstanding and inserting the following: Notwithstanding ; by inserting or furnished during the additional period specified in paragraph (2), after 2015, ; and by adding at the end the following: For purposes of paragraph (1), the additional period specified in this paragraph is the period with respect to which section 1902(a)(13)(C)(ii) applies. . Section 1902(jj) of the Social Security Act ( 42 U.S.C. 1396a(jj) ) is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and moving the margin of each such subparagraph, as so redesignated, 2 ems to the right; by striking For purposes of and inserting the following: For purposes of ; and by adding at the end the following: Such term does not include any services described in subparagraph
(A)or
(B)of paragraph
(1)if such services are provided in an emergency department of a hospital during the period described in subsection (a)(13)(C)(ii). . Section 1903(m)(2)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(2)(A) ) is amended— in clause (xii), by striking and after the semicolon; in clause (xiii)— by moving the margin of such clause 2 ems to the left; and by striking the period at the end and inserting ; and ; and by inserting after clause
(xiii)the following: such contract provides that
(I)payments to health care providers specified in section 1902(a)(13)(C) for furnishing primary care services defined in section 1902(jj) during a year or period specified in section 1902(a)(13)(C) are at least equal to the amounts set forth and required by the Secretary by regulation,
(II)the entity shall, upon request, provide documentation to the State that is sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and
(III)the Secretary shall approve payments described in subclause
(I)that are furnished through an agreed-upon capitation, partial capitation, or other value-based payment arrangement if the agreed-upon capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State that is sufficient to enable the State and the Secretary to ensure compliance with subclause (I). . Section 1932(f) of the Social Security Act ( 42 U.S.C. 1396u–2(f) ) is amended by inserting and clause
(xiv)of section 1903(m)(2)(A) before the period. The amendments made by this subsection shall apply with respect to contracts entered into on or after the date of the enactment of this Act.
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- 42 USC 1396u–2(f)
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Sec. 70111
Renewal of application of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers
Cite42 USC 1396u–2(f)
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