To amend title XVIII of the Social Security Act to remove the 20 percent inpatient limitation under the medicare program on the proportion of hospice care that certain rural hospice programs may provide.

January 9, 2003

Mr. COCHRAN introduced the following bill; which was read twice and referred to the Committee on Finance

To amend title XVIII of the Social Security Act to remove the 20 percent inpatient limitation under the medicare program on the proportion of hospice care that certain rural hospice programs may provide.

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 `Rural Communities Hospice Care Access Improvement Act of 2003'.

SEC. 2. EXCEPTION TO MEDICARE 20 PERCENT INPATIENT CARE LIMITATION FOR CERTAIN RURAL HOSPICE PROGRAMS.

(a) IN GENERAL- Section 1861(dd) of the Social Security Act (42 U.S.C. 1395x(dd)) is amended--

(1) in paragraph (2)(A)(iii), by inserting `subject to paragraph (6),' after `(iii)'; and

(2) by adding at the end the following new paragraph:

`(6) The requirement of paragraph (2)(A)(iii) (relating to a limitation on the proportion of hospice care provided in an inpatient setting) shall not apply in the case of a hospice program that meets the following requirements:

`(A) The hospice program is a non-profit organization, provides a residence for individuals who do not have a primary caregiver available at home, is located in a rural area (as defined in section 1886(d)(2)(D)), is not certified for purposes of this title to provide other than hospice care, and is not affiliated with any organization that provides a type of care other than hospice care.

`(B) The residence has not more than 20 beds.

`(C) The residence offers all other categories of hospice care, including continuous home care, respite care, and general patient care, for individuals who qualify to receive such care.'.

(b) MAINTAINING PAYMENT RATES FOR ROUTINE CARE- Section 1814(i) of such Act (42 U.S.C. 1395f(i)) is amended--

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph:

`(3)(A) With respect to a care provided under a hospice program described in section 1861(dd)(6) that meets the requirements of that section, payment for routine care and other services included in hospice care furnished under such program shall be made at the rate applicable under this subsection for routine home care and other services included in hospice care.

`(B) For purposes of determining payment amounts under subparagraph (A) with respect to routine and continuous care, the residence described in section 1861(dd)(6) is deemed to be the home of the individual receiving hospice care.'.

(c) EFFECTIVE DATE- The amendments made by this section shall apply to hospice care provided on or after the date of the enactment of this Act.

END