TRIA Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2455 To amend the IMPACT Act of 2014 to reset data collection and the develop- ment of a payment system technical prototype for post-acute care pro- viders under the Medicare program to take into account the effects of COVID–19. IN THE HOUSE OF REPRESENTATIVES APRIL 12, 2021 Ms. SEWELL (for herself and Mr. BUCHANAN) introduced the following bill; which was referred to the Committee on Ways and Means, and in addi- tion to the Committee on Energy and Commerce, for a period to be sub- sequently 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 the IMPACT Act of 2014 to reset data collection and the development of a payment system technical pro- totype for post-acute care providers under the Medicare program to take into account the effects of COVID– 19. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Resetting the Impact 4 Act of 2021’’ or the ‘‘TRIA Act of 2021’’. 5 VerDate Sep 11 2014 00:19 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2455.IH H2455 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2455 IH SEC. 2. RESETTING DATA COLLECTION AND THE DEVELOP- 1 MENT OF A PAYMENT SYSTEM TECHNICAL 2 PROTOTYPE FOR POST-ACUTE CARE PRO- 3 VIDERS UNDER THE MEDICARE PROGRAM TO 4 TAKE INTO ACCOUNT THE EFFECTS OF 5 COVID–19. 6 (a) IN GENERAL.—Section 2(b)(2) of the IMPACT 7 Act of 2014 (Public Law 113–185) is amended— 8 (1) in subparagraph (A)— 9 (A) in the matter preceding clause (i), by 10 striking ‘‘Not later than’’ and all that follows 11 through ‘‘subsection (a),’’ and inserting ‘‘Not 12 earlier than the date that is 2 years after the 13 later of January 1, 2022, and the date by which 14 the Secretary of Health and Human Services 15 has collected at least 8 specified calendar quar- 16 ters (as defined in subparagraph (C)) of stand- 17 ardized patient assessment data under sub- 18 section (b) of section 1899B of the Social Secu- 19 rity Act, of data on quality measures under 20 subsection (c) of such section, and of resource 21 use and claims data under subsection (d) of 22 such section from each of the PAC payment 23 systems (as defined in subsection (a)(2)(D) of 24 such section),’’; and 25 (B) in clause (i)— 26 VerDate Sep 11 2014 00:19 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2455.IH H2455 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2455 IH (i) in subclause (III), by striking 1 ‘‘and’’ at the end; 2 (ii) in subclause (IV), by striking the 3 period and inserting ‘‘; and’’; and 4 (iii) by adding at the end the fol- 5 lowing new subclause: 6 ‘‘(V) account for the role that 7 each type of PAC provider may play 8 during public health emergencies, tak- 9 ing into account the value of each 10 such type of provider during the 11 COVID–19 public health emergency, 12 such as the percent of patient popu- 13 lations served by each such type of 14 provider with or recovering from 15 COVID–19, as well as the acuity lev- 16 els of such populations.’’; and 17 (2) by adding at the end the following new sub- 18 paragraph: 19 ‘‘(C) SPECIFIED CALENDAR QUARTER DE- 20 FINED.—For purposes of subparagraph (A), the 21 term ‘specified calendar quarter’ means a cal- 22 endar quarter— 23 ‘‘(i) beginning after the prospective 24 payment system for home health agencies 25 VerDate Sep 11 2014 00:19 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2455.IH H2455 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2455 IH under section 1895 of the Social Security 1 Act has incorporated the Patient-Driven 2 Groupings Model (as described at 83 Fed. 3 Reg. 56446 et seq.); 4 ‘‘(ii) beginning after the prospective 5 payment system for skilled nursing facili- 6 ties under section 1888(e) of such Act has 7 incorporated the Patient-Driven Payment 8 Model (as described in 83 Fed. Reg. 39162 9 et seq.); and 10 ‘‘(iii) no portion of which occurs dur- 11 ing a nationwide public health emergency 12 declared by the Secretary pursuant to sec- 13 tion 319 of the Public Health Service Act 14 with respect to which any waiver has been 15 effectuated by the Secretary pursuant to 16 section 1135 of the Social Security Act.’’. 17 (b) EFFECTIVE DATE.—The amendments made by 18 subsection (a) shall take effect as if included in the enact- 19 ment of the IMPACT Act of 2014 (Public Law 113–185). 20 Æ VerDate Sep 11 2014 00:19 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2455.IH H2455 kjohnson on DSK79L0C42PROD with BILLS