Protecting HOME Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2771 To direct the Secretary of Health and Human Services to revise regulations with respect to payment rates for durable medical equipment under the Medicare program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2019 Mrs. RODGERS of Washington (for herself and Mr. LOEBSACK) introduced the following bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on Ways and Means, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To direct the Secretary of Health and Human Services to revise regulations with respect to payment rates for dura- ble medical equipment under the Medicare program, and for other purposes. 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 ‘‘Protecting Home Oxy- 4 gen and Medical Equipment Act of 2019’’ or the ‘‘Pro- 5 tecting HOME Act of 2019’’. 6 VerDate Sep 11 2014 01:25 May 29, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2771.IH H2771 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2771 IH SEC. 2. REVISING PAYMENT RATES FOR DURABLE MEDICAL 1 EQUIPMENT UNDER THE MEDICARE PRO- 2 GRAM. 3 (a) RURAL AND NONCONTIGUOUS AREAS.—Not later 4 than December 31, 2020, the Secretary of Health and 5 Human Services shall revise section 414.210(g)(9)(iii) of 6 title 42, Code of Federal Regulations (or any successor 7 regulation), to apply the transition rule described in such 8 section to all applicable items and services furnished in 9 rural areas and noncontiguous areas (as such terms are 10 defined for purposes of such section) on or after June 1, 11 2018. 12 (b) AREAS OTHER THAN RURAL AND NONCONTIG- 13 UOUS AREAS.—With respect to items and services fur- 14 nished on or after the date that is 30 days after the date 15 of the enactment of this Act, the Secretary of Health and 16 Human Services shall apply section 414.210(g)(9)(iv) of 17 title 42, Code of Federal Regulations (or any successor 18 regulation), as if the reference to ‘‘100 percent of the ad- 19 justed payment amount established under this section’’ 20 were instead a reference to ‘‘75 percent of the adjusted 21 payment amount established under this section and 25 22 percent of the unadjusted fee schedule amount’’. 23 VerDate Sep 11 2014 01:25 May 29, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2771.IH H2771 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2771 IH SEC. 3. BUDGET NEUTRALITY FOR OXYGEN UNDER THE 1 MEDICARE PROGRAM. 2 Section 1834(a)(9)(D)(ii) of the Social Security Act 3 (42 U.S.C. 1395m(a)(9)(D)(ii)) is amended by adding at 4 the end the following new sentence: ‘‘The requirement of 5 the preceding sentence shall not apply beginning on Janu- 6 ary 1, 2020.’’. 7 Æ VerDate Sep 11 2014 01:25 May 29, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2771.IH H2771 pbinns on DSK79D2C42PROD with BILLS