107th CONGRESS
1st Session
H. R. 1911
To establish a demonstration project to provide for Medicare
reimbursement for health care services provided to certain Medicare-eligible
veterans in selected facilities of the Department of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
May 17, 2001
Mr. SAXTON (for himself, Mr. MORAN of Kansas, Mr. ANDREWS, Mr. LOBIONDO, and
Mr. KING) introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committees on Veterans' Affairs and
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 establish a demonstration project to provide for Medicare
reimbursement for health care services provided to certain Medicare-eligible
veterans in selected facilities of the Department of Veterans Affairs.
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 `Veterans Medicare Reimbursement
Demonstration Act of 2001'.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The health care system of the Department of Veterans Affairs enrolls
veterans in 7 designated priority groups and provides health care services
to veterans based upon these priority groups, with priority group 1 given
the highest priority and priority group 7 given the lowest.
(2) Due to budgetary limitations in moneys appropriated to the
Department of Veterans Affairs for veterans health care, certain veterans in
lower priority groups could face limitations in access to health care from
the Department of Veterans Affairs.
(3) Veterans participating in the health care system of the Department
of Veterans Affairs and served under the lower priority groups 5, 6, and 7
are either low-income veterans whose annual income and net worth are below
established thresholds, veterans whose incomes are above the thresholds and
do not have service-connected disabilities that qualify them for priority
care in that health care system, or other eligible veterans not already
covered in groups 1-4.
(4) Allowing medicare-eligible veterans in these lower priority groups
to utilize their medicare benefits in the health care system of the
Department of Veterans Affairs provides veterans greater access to health
care services and greater flexibility in choosing their health care
providers.
(5) Allowing these veterans to utilize their medicare benefits in the
health care system of the Department of Veterans Affairs also provides
health care facilities of the Department of Veterans Affairs greater
flexibility in serving veterans.
(6) All veterans should have access to necessary health care, and this
Act takes the next step in demonstrating the value of medicare subvention,
and demonstrates the commitment of Congress, to an improved Department of
Veterans Affairs health care system for the Nation's veterans and to
ensuring access to such health care by veterans.
(7) The Department of Veterans Affairs is not sufficiently funded to
enable the entirety of the veteran population of 25,500,000 veterans to gain
access to health care furnished by the Department.
(8) The Department of Veterans Affairs receives funding adequate to
furnish health care only to those veterans who, in all likelihood, will be
enrolled for such health care annually, based only on eligibility rules
contained in chapter 17 of title 38, United States Code, and without regard
to individual veterans who may have access to health care benefits through
the medicare program or through other means.
SEC. 3. ESTABLISHMENT OF MEDICARE SUBVENTION DEMONSTRATION PROJECT FOR
VETERANS.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended
by adding at the end the following:
`MEDICARE SUBVENTION DEMONSTRATION PROJECT FOR VETERANS
`SEC. 1897. (a) DEFINITIONS- In this section:
`(1) ADMINISTERING SECRETARIES- The term `administering Secretaries'
means the Secretary and the Secretary of Veterans Affairs acting
jointly.
`(2) DEMONSTRATION PROJECT- The term `demonstration project' means the
demonstration project carried out under this section.
`(A) IN GENERAL- Subject to subparagraph (B), the term `demonstration
site' means a Veterans Affairs medical facility that provides, alone or in
conjunction with other facilities under the jurisdiction of the Secretary
of Veterans Affairs and affiliated public or private entities--
`(i) in the case of a coordinated care health plan, the health care
benefits prescribed in subsection (c)(3) to targeted medicare-eligible
veterans residing within the service area; and
`(ii) in the case of health care benefits being provided on a
fee-for-service basis, the health care benefits prescribed in subsection
(d)(2) to targeted medicare-eligible veterans.
`(B) EXCLUSION- The term `demonstration site' shall not include the
entire catchment area of a Veterans Integrated Services Network
(VISN).
`(4) MEDICARE HEALTH CARE SERVICES- The term `medicare health care
services' means items or services covered under part A or B of this
title.
`(5) TARGETED MEDICARE-ELIGIBLE VETERAN- The term `targeted
medicare-eligible veteran' means an individual who--
`(A) is a veteran (as defined in section 101 of title 38, United
States Code) who is eligible for care and services under paragraph (5),
(6), or (7) of section 1705(a) of title 38, United States Code;
`(B) has attained age 65;
`(C) is entitled to, or enrolled for, benefits under part A of this
title; and
`(D) is enrolled for benefits under part B of this title.
`(6) TRUST FUNDS- The term `trust funds' means the Federal Hospital
Insurance Trust Fund established in section 1817 and the Federal
Supplementary Medical Insurance Trust Fund established in section
1841.
`(7) VETERANS AFFAIRS MEDICAL FACILITY- The term `Veterans Affairs
medical facility' means a medical facility as defined in section 8101 of
title 38, United States Code.
`(b) DEMONSTRATION PROJECT-
`(A) ESTABLISHMENT- The administering Secretaries are authorized to
establish a demonstration project (under agreements entered into by the
administering Secretaries) under which the Secretary shall reimburse the
Secretary of Veterans Affairs, from the trust funds, for medicare health
care services furnished to targeted medicare-eligible veterans.
`(B) AGREEMENT- Any agreement entered into under this paragraph shall
include at a minimum--
`(i) a detailed description of the health care benefits to be
provided to the participants of the demonstration project established
under this section;
`(ii) a description of the eligibility rules for participation in
the demonstration project, including any criteria established under
subsection (e), any premiums established for a coordinated care health
plan, and any cost-sharing arrangements;
`(iii) a description of how the demonstration project will satisfy
the requirements under this title;
`(iv) a description of the demonstration sites selected under
paragraph (2);
`(v) a description of how reimbursement requirements under
subsection (k), maintenance of effort requirements under subsection (l),
and the annual reconciliation under subsection (m) will be implemented
in the demonstration project;
`(vi) a statement that the Secretary shall have access to all data
of the Department of Veterans Affairs that the Secretary determines is
necessary to conduct independent estimates and audits of the maintenance
of effort requirement under subsection (l), the annual reconciliation
under subsection (m), and related matters required under the
demonstration project;
`(vii) a statement that the Comptroller General of the United States
shall have access to all data of the Department of Veterans Affairs that
the Comptroller General determines is necessary to carry out the
reporting requirements under subsections (m) or (n).
`(viii) a description of any requirement that the Secretary waives
pursuant to subsection (c)(4) or (d)(4); and
`(ix) a certification, provided after review by the administering
Secretaries, that any facility or entity described in subsection
(a)(3)(A) that is receiving payments by reason of the demonstration
project has sufficient--
`(I) resources and expertise to provide, consistent with payment
requirements under subsection (k), the health care benefits required
to be provided to beneficiaries under the demonstration project (as
established under subsections (c)(3) and (d)(2)); and
`(II) information and billing systems in place to
ensure--
`(aa) accurate and timely submission of claims for health care
benefits to the Secretary; and
`(bb) that providers of health care services that are not affiliated
with the Department of Veterans Affairs are reimbursed by the Secretary of
Veterans Affairs in a timely and accurate manner.
`(C) SEPARATE AGREEMENTS FOR COORDINATED CARE AND FEE-FOR-SERVICE- The
administering Secretaries shall enter into separate agreements with regard
to demonstration sites operating under a coordinated care health plan
model and a fee-for-service model, and shall include in each agreement
only such information that is applicable to that model.
`(2) NUMBER OF DEMONSTRATION SITES-
`(A) IN GENERAL- Subject to the succeeding provisions of this
paragraph, the demonstration project established under this section shall
be conducted in not more than 10 demonstration sites, designated jointly
by the administering Secretaries.
`(B) EQUAL NUMBER OF COORDINATED CARE AND FEE-FOR-SERVICE SITES- The
administrating Secretaries shall--
`(i) ensure that the number of demonstration sites operated under a
coordinated care health plan model equals the number of demonstration
sites operated under a fee-for-service model; and
`(ii) attempt to ensure that the volume of medicare health care
services provided under the demonstration project at demonstration sites
operated under a coordinated care health plan model is the same as the
volume of such services provided at demonstration sites operated under a
fee-for-service model.
`(C) RESTRICTION- A demonstration site may not operate under both a
coordinated care health plan model and a fee-for-service model.
`(D) DEMONSTRATION SITES IN RURAL AREAS- At least 1 of each of the
following demonstration sites shall be selected for inclusion in the
demonstration project:
`(i) A demonstration site that is operated under a coordinated care
health plan model and that serves a predominantly rural
area.
`(ii) A demonstration site that is operated under a fee-for-service
model and that serves a predominantly rural area.
`(3) RESTRICTION ON NEW OR EXPANDED FACILITIES- No new Veterans Affairs
medical facilities may be built or expanded with funds from the
demonstration project.
`(A) COORDINATED CARE HEALTH PLAN MODEL- The authority of the
administering Secretaries to conduct the demonstration
project under a coordinated care health plan model shall--
`(i) begin on January 1, 2003; and
`(ii) terminate on the earlier of--
`(I) the date which is 3 years after the date enrollment in a
coordinated care health plan begins at any demonstration site using
such a model; or
`(B) FEE-FOR-SERVICE MODEL- The authority of the administering
Secretaries to conduct the demonstration under a fee-for-service model
shall--
`(i) begin on January 1, 2004; and
`(ii) terminate on the earlier of--
`(I) the date which is 3 years after the date that health care
benefits begin to be provided at any demonstration site using such a
model; or
`(c) COORDINATED CARE HEALTH PLAN MODEL-
`(1) IN GENERAL- The Secretary of Veterans Affairs shall establish and
operate coordinated care health plans in order to provide the health care
benefits prescribed in paragraph (3) to targeted medicare-eligible veterans
enrolled in the demonstration project consistent with part C of this
title.
`(2) OPERATION BY OR THROUGH A DEMONSTRATION SITE- Any coordinated care
health plan established in accordance with paragraph (1) shall be operated
by or through a demonstration site.
`(3) HEALTH CARE BENEFITS-
`(A) IN GENERAL- Subject to subparagraph (B), the Secretary of
Veterans Affairs shall prescribe the health care benefits to be provided
to a targeted medicare-eligible veteran enrolled in a coordinated care
health plan under the demonstration project.
`(B) MINIMUM BENEFITS- The benefits prescribed by the Secretary of
Veterans Affairs pursuant to subparagraph (A) shall include at least all
medicare health care services that are required to be provided by a
Medicare+Choice organization under part C.
`(4) MEDICARE REQUIREMENTS-
`(i) REQUIREMENTS- Except as provided under clause (ii), a
coordinated care health plan operating under the demonstration project
shall meet all requirements applicable to a Medicare+Choice plan under
part C of this title and regulations pertaining thereto, and any other
requirements for receiving payments under this title, except that the
prohibition of payments to Federal providers of services under sections
1814(c) and 1835(d),
and paragraphs (2) and (3) of section 1862(a), shall not apply.
`(ii) WAIVER- Except with respect to any requirement described in
subparagraph (B), the Secretary is authorized to waive any requirement
described in clause (i), or approve equivalent or alternative ways of
meeting such a requirement, but only if such waiver or
approval--
`(I) reflects the unique status of the Department of Veterans
Affairs as an agency of the Federal Government; and
`(II) is necessary to carry out, or improve the efficiency of, the
demonstration project.
`(B) BENEFICIARY PROTECTIONS AND OTHER MATTERS- A coordinated care
health plan shall comply with the requirements of part C of this title
that relate to beneficiary protections and other related matters,
including such requirements relating to the following areas:
`(i) Enrollment and disenrollment.
`(iii) Information provided to beneficiaries.
`(iv) Cost-sharing limitations.
`(v) Appeal and grievance procedures.
`(vi) Provider participation.
`(vii) Access to services.
`(viii) Quality assurance and external review.
`(ix) Advance directives.
`(x) Other areas of beneficiary protections that the Secretary
determines are applicable to a coordinated health care plan operating
under the demonstration project.
`(d) FEE-FOR-SERVICE MODEL-
`(1) IN GENERAL- The Secretary of Veterans Affairs shall establish and
operate a demonstration site in order to provide, on a fee-for-service
basis, the medicare health care services prescribed in paragraph (2) to
targeted medicare-eligible veterans under the demonstration project in a
manner consistent with this title.
`(2) HEALTH CARE BENEFITS- The administering Secretaries shall prescribe
the medicare health care services available to a targeted medicare-eligible
veteran at a demonstration site operating under a fee-for-service
model.
`(3) COST-SHARING- The Secretary of Veterans Affairs shall establish
cost-sharing requirements for targeted medicare-eligible veterans that
receive medicare health care services under a fee-for-service model at a
demonstration site. Such cost-sharing requirements shall be the same as
those required under this title.
`(4) MEDICARE REQUIREMENTS-
`(A) IN GENERAL- Except as provided under subparagraph (B), any entity
or health care provider that provides medicare health care services under
the demonstration project on a fee-for-service basis shall meet all of the
requirements under this title, except that the prohibition of payments to
Federal providers of services under sections 1814(c) and 1835(d), and
paragraphs (2) and (3) of section 1862(a), shall not apply.
`(B) WAIVER- The Secretary is authorized to waive any requirement
described under subparagraph (A), or approve equivalent or alternative
ways of meeting such a requirement, but only if such waiver or
approval--
`(i) reflects the unique status of the Department of Veterans
Affairs as an agency of the Federal Government; and
`(ii) is necessary to carry out, or improve the efficiency of, the
demonstration project.
`(5) VERIFICATION OF ELIGIBILITY-
`(A) IN GENERAL- The Secretary of Veterans Affairs shall establish
procedures for determining whether an individual is eligible to receive
medicare health care services on a fee-for-service basis under the
demonstration project.
`(B) RESTRICTION- No payments shall be made under this section for any
medicare health care service provided to an individual on a
fee-for-service basis under the demonstration project unless the
individual has been determined to be eligible for the service pursuant to
the procedures established under subparagraph (A).
`(e) DEMONSTRATION SITE REQUIREMENTS- The Secretary of Veterans Affairs
may operate a coordinated care health plan at a demonstration site, may
provide medicare health care services using the fee-for-service model at a
demonstration site, and may authorize a demonstration site to submit claims
for payment under the demonstration project only after the Secretary of
Veterans Affairs submits to the committees of jurisdiction of Congress a
report setting forth a plan for the establishment of such demonstration site
and for the oversight by the Secretary of Veterans Affairs of the
demonstration project conducted at such demonstration site. The administering
Secretaries may not implement the plan until the Secretary of Veterans Affairs
has received from the Inspector General of the Department of Health and Human
Services, and has forwarded to Congress, certification that--
`(A) cost accounting and related transaction systems of the Veterans
Health Administration provide cost information and encounter data
regarding health care delivered at each demonstration site (or delivered
by any entity or health care provider with which the Secretary of Veterans
Affairs has a contract or sharing agreement) on an inpatient and
outpatient basis; and
`(B) cost information and encounter data provided by such systems is
accurate, reliable, and consistent across all the demonstration
sites;
`(2) the Secretary of Veterans Affairs has minimized the risk that any
amount appropriated to the Department of Veterans Affairs will be required
to meet any obligation of the demonstration sites under the demonstration
project to a targeted medicare-eligible veteran by developing a credible
plan--
`(A) based on market surveys, data from the Decision Support System,
actuarial analysis, and other appropriate methods; and
`(B) taking into account the level of payment under subsection (k) and
the costs of health care benefits provided at the demonstration sites with
regard to each demonstration site;
`(3) each demonstration site has the capacity to provide to a sufficient
number of targeted medicare-eligible veterans, at a minimum--
`(A) under the coordinated care health plan model, the health care
benefits prescribed in subsection (c)(3); or
`(B) under the fee-for-service model, the health care benefits
prescribed in subsection (d)(2); and
`(4) the Veterans Affairs medical facility administering the
demonstration site has sufficient systems and safeguards in place to
minimize any risk that instituting the coordinated care health plan model or
the fee-for-service model will result in reducing--
`(A) the quality of care delivered to participants in the
demonstration project; or
`(B) the quality of, or the access to, care to veterans not
participating in the demonstration project.
`(f) VOLUNTARY PARTICIPATION- Participation of a targeted
medicare-eligible veteran in the demonstration project shall be voluntary,
subject to the capacity of participating demonstration sites and the annual
limitations on medicare payments specified in subsection (k)(4), and shall be
subject to such terms and conditions as the administering Secretaries may
establish.
`(g) CREDITING OF PAYMENTS- A payment received by the Secretary of
Veterans Affairs under the demonstration project shall be credited to the
applicable Department of Veterans Affairs medical appropriation unless the
Secretary of Veterans Affairs has a compelling reason to do otherwise. Any
such payment received during a fiscal year for services provided during a
prior fiscal year may be obligated by the Secretary of Veterans Affairs during
the fiscal year during which the payment is received.
`(h) WAIVER OF CERTAIN VA REQUIREMENTS- Notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall furnish medicare
health care services to targeted medicare-eligible veterans pursuant to the
demonstration project.
`(i) INSPECTOR GENERAL- Nothing in any agreement entered into under
subsection (b) shall limit the Inspector General of the Department of Health
and Human Services from investigating any matters regarding the expenditure of
funds under this title for the demonstration project, including compliance
with the provisions of this title and all other relevant laws.
`(1) IN GENERAL- At least 30 days prior to the commencement of the
demonstration project (for both the coordinated care health plan model and
the fee-for-service model), the administering Secretaries shall submit a
copy of any agreement entered into under subsection (b) to the committees of
jurisdiction of Congress.
`(2) SUBSEQUENT WAIVER OF MEDICARE REQUIREMENTS- If the Secretary waives
any requirement under subsection (c)(4) or (d)(4) that was not described in
any agreement submitted to the committees of jurisdiction of Congress under
paragraph (1), the Secretary shall submit a report to such committees
describing such waiver.
`(k) PAYMENTS BASED ON REGULAR MEDICARE PAYMENT RATES-
`(1) AMOUNT- Subject to the succeeding provisions of this subsection and
subsection (m), the Secretary shall reimburse the Secretary of Veterans
Affairs for health care benefits provided under the demonstration project at
the following rates:
`(A) COORDINATED CARE HEALTH PLANS- In the case of health care
benefits provided under the demonstration project to a targeted
medicare-eligible veteran enrolled in a coordinated care health plan, at a
rate equal to 95 percent of the amount paid to a Medicare+Choice
organization under part C for an enrollee in a Medicare+Choice plan
offered by such organization (as risk adjusted under section
1853(a)(1)(B)).
`(B) FEE-FOR-SERVICE MODEL- In the case of a medicare health care
service prescribed in subsection (d)(2) that is provided at a
demonstration site operating under a fee-for-service model, at a rate
equal to 95 percent of the amounts that otherwise would be payable under
this title on a noncapitated basis for such service if the demonstration
site was not part of this demonstration project, was participating in the
medicare program, and imposed charges for such service.
`(2) EXCLUSION OF CERTAIN AMOUNTS- In computing the amount of payment
under paragraph (1), the following amounts shall be excluded:
`(A) DISPROPORTIONATE SHARE HOSPITAL ADJUSTMENT- Any amount
attributable to an adjustment under section 1886(d)(5)(F).
`(B) DIRECT GRADUATE MEDICAL EDUCATION PAYMENTS- Any amount
attributable to a payment under section 1886(h).
`(C) INDIRECT MEDICAL EDUCATION ADJUSTMENT- Any amount attributable to
the adjustment under section 1886(d)(5)(B).
`(D) PERCENTAGE OF CAPITAL PAYMENTS- 67 percent of any amounts
attributable to payments for capital-related costs under medicare payment
policies under section 1886(g).
`(3) PERIODIC PAYMENTS FROM MEDICARE TRUST FUNDS- Payments under this
subsection shall be made--
`(A) on a periodic basis consistent with the periodicity of payments
under this title; and
`(B) in appropriate part, as determined by the Secretary, from the
trust funds.
`(4) ANNUAL LIMIT ON MEDICARE PAYMENTS-
`(A) COORDINATED CARE HEALTH PLAN MODEL- Subject to subparagraphs (C)
and (D), the total amount paid to the Department of Veterans Affairs under
this subsection for enrollees in coordinated care health plans for any of
the 3 consecutive 12-month periods (the first of which begins on the date
that enrollment in such a plan begins at any demonstration site) shall be
equal to an amount determined appropriate by the administering
Secretaries.
`(B) FEE-FOR-SERVICE MODEL- Subject to subparagraphs (C) and (D), the
total amount paid to the Department of Veterans Affairs under this
subsection for health care benefits provided on a fee-for-service basis at
a demonstration site for any of the 3 consecutive 12-month periods (the
first of which begins on the date that benefits begin to be provided at
any demonstration site using the fee-for-service model) shall be equal to
an amount determined appropriate by the administering
Secretaries.
`(C) NO PAYMENTS FOR BENEFITS PROVIDED AFTER TERMINATION DATE- No
amounts shall be paid to the Department of Veterans Affairs under this
section for health care benefits provided under the demonstration project
after the date that the project terminates pursuant to subparagraph
(A)(ii) or (B)(ii) of subsection (b)(4).
`(D) CAP- The sum of the amounts paid to the Department of Veterans
Affairs under this section during each of the 12-month periods described
in subparagraph (A) shall not exceed $50,000,000.
`(l) MAINTENANCE OF EFFORT-
`(1) IN GENERAL- The Secretary may not reimburse the Secretary of
Veterans Affairs, from the trust funds, for medicare health care services
furnished under the demonstration project to targeted medicare-eligible
veterans at a demonstration site in a year until the expenditures during
that year by the Department of Veterans Affairs for such services provided
at that site to individuals that meet the definition of a targeted
medicare-eligible veteran under subsection (a)(4) (without regard to
subparagraph (D) of such subsection) exceeds such expenditures at the site
for such services provided to such individuals during a baseline period
determined by the administering Secretaries.
`(2) RULE OF CONSTRUCTION- The criteria for eligiblity for health care
benefits furnished to veterans by the Secretary of Veterans Affairs is
established under chapter 17 of title 38, United States Code, and nothing in
this section shall be construed to add additional criteria for such
eligiblity.
`(m) ANNUAL RECONCILIATION TO ASSURE NO INCREASE IN COSTS TO MEDICARE
PROGRAM-
`(1) MONITORING EFFECT OF DEMONSTRATION PROGRAM ON COSTS TO MEDICARE
PROGRAM-
`(A) IN GENERAL- The administering Secretaries, in consultation with
the Comptroller General of the United States, shall closely monitor the
expenditures made under the medicare program under this title for targeted
medicare-eligible veterans at each demonstration site during the period of
the demonstration project compared to the expenditures that would have
been made for such veterans during that period if the demonstration
project had not been conducted.
`(B) ANNUAL REPORTS BY THE COMPTROLLER GENERAL-
`(i) COORDINATED CARE HEALTH PLAN MODEL- Not later than 6 months
after the end of each of the 3 consecutive 12-month periods referred to
in subsection (j)(4)(A), the Comptroller General of the United States
shall submit to the administering Secretaries and the appropriate
committees of Congress a report on the extent, if any, to which the
costs of the Secretary under the medicare program under this title for
each demonstration site operating under such a model increased as a
result of the demonstration project during the 12-month period to which
the report applies.
`(ii) FEE-FOR-SERVICE MODEL- Not later than 6 months after the end
of each of the 3 consecutive 12-month periods referred to in subsection
(j)(4)(B), the Comptroller General of the United States shall submit to
the administering Secretaries and the appropriate committees of
jurisdiction of Congress a report described in clause (i) with respect
to such a model.
`(2) REQUIRED RESPONSE IN CASE OF INCREASE IN COSTS-
`(A) IN GENERAL- If the administering Secretaries find, based on
paragraph (1), that the expenditures under the medicare program under this
title for each demonstration site increased (or are expected to increase)
during a fiscal year because of the demonstration project, the
administering Secretaries shall take such steps as may be
needed--
`(i) to recoup for the medicare program the amount of such increase
in expenditures; and
`(ii) to prevent any such increase in any succeeding fiscal
year.
`(i) under subparagraph (A)(i), shall include payment of an amount
equal to the amount of such increased expenditures by the Secretary of
Veterans Affairs from the current medical care appropriation of the
Department of Veterans Affairs to the trust funds; and
`(ii) under subparagraph (A)(ii), shall include suspending or
terminating the demonstration project (in whole or in part) or reducing
the amount of payment under subsection (k).
`(n) EVALUATION AND REPORTS-
`(1) INDEPENDENT EVALUATION-
`(A) IN GENERAL- The Comptroller General of the United States shall
conduct an evaluation of the demonstration project, including--
`(i) an evaluation of demonstration sites operating under a
coordinated care health plan model and under a fee-for-service model;
and
`(ii) where appropriate, a comparison of such models.
`(B) CONTENTS- Any evaluation conducted under subparagraph (A) shall
include an assessment, based on the agreement entered into under
subsection (b), of the following:
`(i) Any savings or costs to the medicare program under this title
resulting from the demonstration project.
`(ii) Compliance of participating demonstration sites with
applicable measures of quality of care, compared to such compliance by
other entities that participate in the medicare program and are not
Veterans Affairs medical facilities.
`(iii) Compliance by the Department of Veterans Affairs with the
requirements under this title.
`(iv) The number of targeted medicare-eligible veterans opting to
receive health care benefits under the demonstration project instead of
receiving such benefits through another health insurance plan (including
health care benefits under this title).
`(v) A comparison of the costs of participation of the demonstration
sites in the program with the reimbursements for health care services
provided by such sites.
`(vi) Any impact the demonstration project has on the access to
health care services, or the quality of such services, for--
`(I) targeted medicare-eligible veterans receiving health care
benefits under the demonstration project; and
`(II) veterans (including targeted medicare-eligible veterans)
that are not receiving health care benefits under the demonstration
project.
`(vii) Any impact the demonstration project has on private health
care providers and on beneficiaries under this title that are not
receiving health care benefits under the demonstration
project.
`(viii) Any effect that the demonstration project has on the
enrollment in Medicare+Choice plans offered by Medicare+Choice
organizations under part C of this title in the established
demonstration site areas.
`(ix) Any impact that the exclusion of the amounts described in
subsection (k)(2) from the reimbursement amounts under the demonstration
has on the Department of Veterans Affairs or on targeted
medicare-eligible veterans.
`(x) A description of the difficulties (if any) experienced
by--
`(I) the Department of Veterans Affairs in managing the
demonstration project; or
`(II) the Department of Health and Human Services in overseeing
the demonstration project.
`(xi) Any additional elements specified in the agreement entered
into under subsection (b).
`(xii) Any additional elements that the Comptroller General of the
United States determines are appropriate to assess regarding the
demonstration project.
`(i) COORDINATED CARE HEALTH PLAN MODEL- With respect to the portion
of the demonstration project that is operating under a coordinated care
health plan model, the Comptroller General of the United States shall
submit reports on the evaluation conducted under subparagraph (A) to the
administering Secretaries and to the committees of jurisdiction of
Congress as follows:
`(I) INITIAL REPORT- An initial report shall be submitted not
later than 12 months after the date that enrollment in a coordinated
care health plan begins at any demonstration site.
`(II) SECOND REPORT- A second report shall be submitted not later
than 30 months after such date.
`(III) FINAL REPORT- A final report shall be submitted not later
than 42 months after such date.
`(ii) FEE-FOR-SERVICE MODEL- With respect to the portion of the
demonstration project that is operating under a fee-for-service model,
the Comptroller General of the United States shall submit reports on the
evaluation conducted under subparagraph (A) to the administering
Secretaries and to the committees of jurisdiction of Congress as
follows:
`(I) INITIAL REPORT- An initial report shall be submitted not
later than 12 months after the date that medicare health care services
begin to be provided at any demonstration site using such a
model.
`(II) SECOND REPORT- A second report shall be submitted not later
than 30 months after such date.
`(III) FINAL REPORT- A final report shall be submitted not later
than 42 months after such date.
`(2) REPORTS ON EXTENSION AND EXPANSION OF THE DEMONSTRATION
PROJECT-
`(A) COORDINATED CARE HEALTH PLAN MODEL- With respect to the
demonstration project that is operating under a coordinated care health
plan model, not later than 3 months after the date of the submission of
the final report by the Comptroller General of the United States under
paragraph (1)(C)(i)(III), the administering Secretaries shall submit to
the committees of jurisdiction of Congress a report containing the final
recommendations of such Secretaries as to--
`(i) whether expenditures for targeted medicare-eligible veterans
under the demonstration project exceed the expenditures that would have
been incurred under the medicare program under this title with regard to
such veterans had this section not been enacted;
`(ii) whether the demonstration project could be expanded or
extended without increasing the cost to the medicare program under this
title or to the Federal Government;
`(iii) whether to extend the duration of the demonstration
project;
`(iv) whether to increase the number of demonstration sites
operating under such a model;
`(v) whether to increase the maximum amount of reimbursement under
the demonstration project in any year; and
`(vi) whether the terms and conditions of the demonstration project
should be altered if the project is extended or expanded.
`(B) FEE-FOR-SERVICE MODEL- With respect to the demonstration project
that is operating under a fee-for-service model, not later than 3 months
after the date of the submission of the final report by the Comptroller
General of the United States under paragraph (1)(C)(ii)(III), the
administering Secretaries shall submit to the committees of jurisdiction
of Congress a report described in subparagraph (A) with respect to such
model.'.
END