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42 U.S.C. § 1395lll — Standardized post-acute care (PAC) as-

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42 U.S.C. § 1395lll — Standardized post-acute care (PAC) as-

§ 1395lll. Standardized post-acute care (PAC) as- sessment data for quality, payment, and dis- charge planning (a) Requirement for standardized assessment data (1) In general The Secretary shall— (A) require under the applicable reporting provisions post-acute care providers (as de- fined in paragraph (2)(A)) to report— (i) standardized patient assessment data in accordance with subsection (b); (ii) data on quality measures under sub- section (c)(1); and (iii) data on resource use and other measures under subsection (d)(1); (B) require data described in subparagraph (A) to be standardized and interoperable so as to allow for the exchange of such data among such post-acute care providers and other providers and the use by such pro- viders of such data that has been so ex- changed, including by using common stand- ards and definitions, in order to provide ac- cess to longitudinal information for such providers to facilitate coordinated care and improved Medicare beneficiary outcomes; and (C) in accordance with subsections (b)(1) and (c)(2), modify PAC assessment instru- ments (as defined in paragraph (2)(B)) appli- cable to post-acute care providers to— (i) provide for the submission of stand- ardized patient assessment data under this subchapter with respect to such providers; and (ii) enable comparison of such assess- ment data across all such providers to whom such data are applicable. (2) Definitions For purposes of this section: (A) Post-acute care (PAC) provider The terms ‘‘post-acute care provider’’ and ‘‘PAC provider’’ mean— (i) a home health agency; (ii) a skilled nursing facility; (iii) an inpatient rehabilitation facility; and (iv) a long-term care hospital (other than a hospital classified under section 1395ww(d)(1)(B)(vi) of

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Page 4003 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395lll visions of, or amendments made by, section 3403 of Pub. L. 111–148 (enacting this section and section 1395kkk–1 of this title and amending section 1395b–6 of this title and section 207 of Title 18, Crimes and Criminal Proce- dure) to the ‘‘Independent Medicare Advisory Board’’ be deemed to be a reference to the ‘‘Independent Payment Advisory Board’’, was repealed by Pub. L. 115–123, div. E, title XI, § 52001(b)(4), Feb. 9, 2018, 132 Stat. 298. CONSTRUCTION Pub. L. 111–148, title X, § 10320(c), Mar. 23, 2010, 124 Stat. 952, which provided that nothing in the amend- ments made by section 10320 of Pub. L. 111–148 pre- cluded the Independent Medicare Advisory Board (re- named the Independent Payment Advisory Board) from solely using data from public or private sources to carry out former subsection (f)(3)(B) of this section, was repealed by Pub. L. 115–123, div. E, title XI, § 52001(b)(5), Feb. 9, 2018, 132 Stat. 298. § 1395kkk–1. Repealed. Pub. L. 115–123, div. E, title XI, § 52001(b)(2), Feb. 9, 2018, 132 Stat. 298 Section, Pub. L. 111–148, title III, § 3403(b), Mar. 23, 2010, 124 Stat. 506, related to GAO study and report on determination and implementation of payment and coverage policies under the Medicare program. § 1395lll. Standardized post-acute care (PAC) as- sessment data for quality, payment, and dis- charge planning (a) Requirement for standardized assessment data (1) In general The Secretary shall— (A) require under the applicable reporting provisions post-acute care providers (as de- fined in paragraph (2)(A)) to report— (i) standardized patient assessment data in accordance with subsection (b); (ii) data on quality measures under sub- section (c)(1); and (iii) data on resource use and other measures under subsection (d)(1); (B) require data described in subparagraph (A) to be standardized and interoperable so as to allow for the exchange of such data among such post-acute care providers and other providers and the use by such pro- viders of such data that has been so ex- changed, including by using common stand- ards and definitions, in order to provide ac- cess to longitudinal information for such providers to facilitate coordinated care and improved Medicare beneficiary outcomes; and (C) in accordance with subsections (b)(1) and (c)(2), modify PAC assessment instru- ments (as defined in paragraph (2)(B)) appli- cable to post-acute care providers to— (i) provide for the submission of stand- ardized patient assessment data under this subchapter with respect to such providers; and (ii) enable comparison of such assess- ment data across all such providers to whom such data are applicable. (2) Definitions For purposes of this section: (A) Post-acute care (PAC) provider The terms ‘‘post-acute care provider’’ and ‘‘PAC provider’’ mean— (i) a home health agency; (ii) a skilled nursing facility; (iii) an inpatient rehabilitation facility; and (iv) a long-term care hospital (other than a hospital classified under section 1395ww(d)(1)(B)(vi) of this title). (B) PAC assessment instrument The term ‘‘PAC assessment instrument’’ means— (i) in the case of home health agencies, the instrument used for purposes of report- ing and assessment with respect to the Outcome and Assessment Information Set (OASIS), as described in sections 484.55 and 484.250 of title 42, the Code of Federal Reg- ulations, or any successor regulation, or any other instrument used with respect to home health agencies for such purposes; (ii) in the case of skilled nursing facili- ties, the resident’s assessment under sec- tion 1395i–3(b)(3) of this title; (iii) in the case of inpatient rehabilita- tion facilities, any Medicare beneficiary assessment instrument established by the Secretary for purposes of section 1395ww(j) of this title; and (iv) in the case of long-term care hos- pitals, the Medicare beneficiary assess- ment instrument used with respect to such hospitals for the collection of data ele- ments necessary to calculate quality measures as described in the August 18, 2011, Federal Register (76 Fed. Reg. 51754–51755), including for purposes of sec- tion 1395ww(m)(5)(C) of this title, or any other instrument used with respect to such hospitals for assessment purposes. (C) Applicable reporting provision The term ‘‘applicable reporting provision’’ means— (i) for home health agencies, section 1395fff(b)(3)(B)(v) of this title; (ii) for skilled nursing facilities, section 1395yy(e)(6) of this title; (iii) for inpatient rehabilitation facili- ties, section 1395ww(j)(7) of this title; and (iv) for long-term care hospitals, section 1395ww(m)(5) of this title. (D) PAC payment system The term ‘‘PAC payment system’’ means— (i) with respect to a home health agency, the prospective payment system under sec- tion 1395fff of this title; (ii) with respect to a skilled nursing fa- cility, the prospective payment system under section 1395yy(e) of this title; (iii) with respect to an inpatient reha- bilitation facility, the prospective pay- ment system under section 1395ww(j) of this title; and (iv) with respect to a long-term care hos- pital, the prospective payment system under section 1395ww(m) of this title. (E) Specified application date The term ‘‘specified application date’’ means the following: (i) Quality measures In the case of quality measures under subsection (c)(1)— Page 4004 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395lll (I) with respect to the domain de- scribed in subsection (c)(1)(A) (relating to functional status, cognitive function, and changes in function and cognitive function)— (aa) for PAC providers described in clauses (ii) and (iii) of paragraph (2)(A), October 1, 2016; (bb) for PAC providers described in clause (iv) of such paragraph, October 1, 2018; and (cc) for PAC providers described in clause (i) of such paragraph, January 1, 2019; (II) with respect to the domain de- scribed in subsection (c)(1)(B) (relating to skin integrity and changes in skin in- tegrity)— (aa) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2016; and (bb) for PAC providers described in clause (i) of such paragraph, January 1, 2017; (III) with respect to the domain de- scribed in subsection (c)(1)(C) (relating to medication reconciliation)— (aa) for PAC providers described in clause (i) of such paragraph, January 1, 2017; and (bb) for PAC providers described in clauses (ii), (iii), and (iv) of such para- graph, October 1, 2018; (IV) with respect to the domain de- scribed in subsection (c)(1)(D) (relating to incidence of major falls)— (aa) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2016; and (bb) for PAC providers described in clause (i) of such paragraph, January 1, 2019; and (V) with respect to the domain de- scribed in subsection (c)(1)(E) (relating to accurately communicating the exist- ence of and providing for the transfer of health information and care pref- erences)— (aa) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2018; and (bb) for PAC providers described in clause (i) of such paragraph, January 1, 2019. (ii) Resource use and other measures In the case of resource use and other measures under subsection (d)(1)— (I) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2016; and (II) for PAC providers described in clause (i) of such paragraph, January 1, 2017. (F) Medicare beneficiary The term ‘‘Medicare beneficiary’’ means an individual entitled to benefits under part A or, as appropriate, enrolled for benefits under part B. (b) Standardized patient assessment data (1) Requirement for reporting assessment data (A) In general Beginning not later than October 1, 2018, for PAC providers described in clauses (ii), (iii), and (iv) of subsection (a)(2)(A) and Jan- uary 1, 2019, for PAC providers described in clause (i) of such subsection, the Secretary shall require PAC providers to submit to the Secretary, under the applicable reporting provisions and through the use of PAC as- sessment instruments, the standardized pa- tient assessment data described in subpara- graph (B). The Secretary shall require such data be submitted with respect to admission and discharge of an individual (and may be submitted more frequently as the Secretary deems appropriate). (B) Standardized patient assessment data de- scribed For purposes of subparagraph (A), the standardized patient assessment data de- scribed in this subparagraph is data required for at least the quality measures described in subsection (c)(1) and that is with respect to the following categories: (i) Functional status, such as mobility and self care at admission to a PAC pro- vider and before discharge from a PAC pro- vider. (ii) Cognitive function, such as ability to express ideas and to understand, and men- tal status, such as depression and demen- tia. (iii) Special services, treatments, and interventions, such as need for ventilator use, dialysis, chemotherapy, central line placement, and total parenteral nutrition. (iv) Medical conditions and co- morbidities, such as diabetes, congestive heart failure, and pressure ulcers. (v) Impairments, such as incontinence and an impaired ability to hear, see, or swallow. (vi) Other categories deemed necessary and appropriate by the Secretary. (2) Alignment of claims data with standardized patient assessment data To the extent practicable, not later than Oc- tober 1, 2018, for PAC providers described in clauses (ii), (iii), and (iv) of subsection (a)(2)(A), and January 1, 2019, for PAC pro- viders described in clause (i) of such sub- section, the Secretary shall match claims data with assessment data pursuant to this section for purposes of assessing prior service use and concurrent service use, such as antecedent hospital or PAC provider use, and may use such matched data for such other uses as the Secretary determines appropriate. (3) Replacement of certain existing data In the case of patient assessment data being used with respect to a PAC assessment instru- ment that duplicates or overlaps with stand- ardized patient assessment data within a cat- egory described in paragraph (1), the Secretary shall, as soon as practicable, revise or replace such existing data with the standardized data. Page 4005 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395lll (4) Clarification Standardized patient assessment data sub- mitted pursuant to this subsection shall not be used to require individuals to be provided post-acute care by a specific type of PAC pro- vider in order for such care to be eligible for payment under this subchapter. (c) Quality measures (1) Requirement for reporting quality meas- ures Not later than the specified application date, as applicable to measures and PAC pro- viders, the Secretary shall specify quality measures on which PAC providers are required under the applicable reporting provisions to submit standardized patient assessment data described in subsection (b)(1) and other nec- essary data specified by the Secretary. Such measures shall be with respect to at least the following domains: (A) Functional status, cognitive function, and changes in function and cognitive func- tion. (B) Skin integrity and changes in skin in- tegrity. (C) Medication reconciliation. (D) Incidence of major falls. (E) Accurately communicating the exist- ence of and providing for the transfer of health information and care preferences of an individual to the individual, family care- giver of the individual, and providers of serv- ices furnishing items and services to the in- dividual, when the individual transitions— (i) from a hospital or critical access hos- pital to another applicable setting, includ- ing a PAC provider or the home of the in- dividual; or (ii) from a PAC provider to another ap- plicable setting, including a different PAC provider, a hospital, a critical access hos- pital, or the home of the individual. (2) Reporting through PAC assessment instru- ments (A) In general To the extent possible, the Secretary shall require such reporting by a PAC provider of quality measures under paragraph (1) through the use of a PAC assessment instru- ment and shall modify such PAC assessment instrument as necessary to enable the use of such instrument with respect to such qual- ity measures. (B) Limitation The Secretary may not make significant modifications to a PAC assessment instru- ment more than once per calendar year or fiscal year, as applicable, unless the Sec- retary publishes in the Federal Register a justification for such significant modifica- tion. (3) Adjustments (A) In general The Secretary shall consider applying ad- justments to the quality measures under this subsection taking into consideration the studies under section 2(d) of the IMPACT Act of 2014. (B) Risk adjustment Such quality measures shall be risk ad- justed, as determined appropriate by the Secretary. (d) Resource use and other measures (1) Requirement for resource use and other measures Not later than the specified application date, as applicable to measures and PAC pro- viders, the Secretary shall specify resource use and other measures on which PAC pro- viders are required under the applicable re- porting provisions to submit any necessary data specified by the Secretary, which may in- clude standardized assessment data in addi- tion to claims data. Such measures shall be with respect to at least the following domains: (A) Resource use measures, including total estimated Medicare spending per bene- ficiary. (B) Discharge to community. (C) Measures to reflect all-condition risk- adjusted potentially preventable hospital re- admission rates. (2) Aligning methodology adjustments for re- source use measures (A) Period of time With respect to the period of time used for calculating measures under paragraph (1)(A), the Secretary shall, to the extent the Sec- retary determines appropriate, align re- source use with the methodology used for purposes of section 1395ww(o)(2)(B)(ii) of this title. (B) Geographic and other adjustments The Secretary shall standardize measures with respect to the domain described in paragraph (1)(A) for geographic payment rate differences and payment differentials (and other adjustments, as applicable) con- sistent with the methodology published in the Federal Register on August 18, 2011 (76 Fed. Reg. 51624 through 51626), or any subse- quent modifications made to the method- ology. (C) Medicare spending per beneficiary The Secretary shall adjust, as appropriate, measures with respect to the domain de- scribed in paragraph (1)(A) for the factors applied under section 1395ww(o)(2)(B)(ii) of this title. (3) Adjustments (A) In general The Secretary shall consider applying ad- justments to the resource use and other measures specified under this subsection with respect to the domain described in paragraph (1)(A), taking into consideration the studies under section 2(d) of the IMPACT Act of 2014. (B) Risk adjustment Such resource use and other measures shall be risk adjusted, as determined appro- priate by the Secretary. Page 4006 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395lll (e) Measurement implementation phases; selec- tion of quality measures and resource use and other measures (1) Measurement implementation phases In the case of quality measures specified under subsection (c)(1) and resource use and other measures specified under subsection (d)(1), the provisions of this section shall be implemented in accordance with the following phases: (A) Initial implementation phase The initial implementation phase, with re- spect to such a measure, shall, in accordance with subsections (c) and (d), as applicable, consist of— (i) measure specification, including in- forming the public of the measure’s nu- merator, denominator, exclusions, and any other aspects the Secretary determines necessary; (ii) data collection, including, in the case of quality measures, requiring PAC pro- viders to report data elements needed to calculate such a measure; and (iii) data analysis, including, in the case of resource use and other measures, the use of claims data to calculate such a measure. (B) Second implementation phase The second implementation phase, with re- spect to such a measure, shall consist of the provision of feedback reports to PAC pro- viders, in accordance with subsection (f). (C) Third implementation phase The third implementation phase, with re- spect to such a measure, shall consist of pub- lic reporting of PAC providers’ performance on such measure in accordance with sub- section (g). (2) Consensus-based entity (A) In general Subject to subparagraph (B), each measure specified by the Secretary under this section shall be endorsed by the entity with a con- tract under section 1395aaa(a) of this title. (B) Exception In the case of a specified area or medical topic determined appropriate by the Sec- retary for which a feasible and practical measure has not been endorsed by the entity with a contract under section 1395aaa(a) of this title, the Secretary may specify a meas- ure that is not so endorsed as long as due consideration is given to measures that have been endorsed or adopted by a consensus or- ganization identified by the Secretary. (3) Treatment of application of pre-rulemaking process (measure applications partnership process) (A) In general Subject to subparagraph (B), the provi- sions of section 1395aaa–1 of this title shall apply in the case of a quality measure speci- fied under subsection (c) or a resource use or other measure specified under subsection (d). (B) Exceptions (i) Expedited procedures For purposes of satisfying subparagraph (A), the Secretary may use expedited pro- cedures, such as ad-hoc reviews, as nec- essary, in the case of a quality measure specified under subsection (c) or a resource use or other measure specified in sub- section (d) required with respect to data submissions under the applicable reporting provisions during the 1-year period before the specified application date applicable to such a measure and provider involved. (ii) Option to waive provisions The Secretary may waive the applica- tion of the provisions of section 1395aaa–1 of this title in the case of a quality meas- ure or resource use or other measure de- scribed in clause (i), if the application of such provisions (including through the use of an expedited procedure described in such clause) would result in the inability of the Secretary to satisfy any deadline specified in this section with respect to such measure. (f) Feedback reports to PAC providers (1) In general Beginning one year after the specified appli- cation date, as applicable to PAC providers and quality measures and resource use and other measures under this section, the Sec- retary shall provide confidential feedback re- ports to such PAC providers on the perform- ance of such providers with respect to such measures required under the applicable provi- sions. (2) Frequency To the extent feasible, the Secretary shall provide feedback reports described in para- graph (1) not less frequently than on a quar- terly basis. Notwithstanding the previous sen- tence, with respect to measures described in such paragraph that are reported on an annual basis, the Secretary may provide such feed- back reports on an annual basis. (g) Public reporting of PAC provider perform- ance (1) In general Subject to the succeeding paragraphs of this subsection, the Secretary shall provide for public reporting of PAC provider performance on quality measures under subsection (c)(1) and the resource use and other measures under subsection (d)(1), including by establishing procedures for making available to the public information regarding the performance of in- dividual PAC providers with respect to such measures. (2) Opportunity to review The procedures under paragraph (1) shall en- sure, including through a process consistent with the process applied under section 1395ww(b)(3)(B)(viii)(VII) of this title for simi- lar purposes, that a PAC provider has the op- portunity to review and submit corrections to the data and information that is to be made Page 4007 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395lll public with respect to the provider prior to such data being made public. (3) Timing Such procedures shall provide that the data and information described in paragraph (1), with respect to a measure and PAC provider, is made publicly available beginning not later than two years after the specified application date applicable to such a measure and pro- vider. (4) Coordination with existing programs Such procedures shall provide that data and information described in paragraph (1) with re- spect to quality measures and resource use and other measures under subsections (c)(1) and (d)(1) shall be made publicly available con- sistent with the following provisions: (A) In the case of home health agencies, section 1395fff(b)(3)(B)(v)(III) of this title. (B) In the case of skilled nursing facilities, sections 1395i–3(i) and 1396r(i) of this title. (C) In the case of inpatient rehabilitation facilities, section 1395ww(j)(7)(E) of this title. (D) In the case of long-term care hospitals, section 1395ww(m)(5)(E) of this title. (h) Removing, suspending, or adding measures (1) In general The Secretary may remove, suspend, or add a quality measure or resource use or other measure described in subsection (c)(1) or (d)(1), so long as, subject to paragraph (2), the Sec- retary publishes in the Federal Register (with a notice and comment period) a justification for such removal, suspension, or addition. (2) Exception In the case of such a quality measure or re- source use or other measure for which there is a reason to believe that the continued collec- tion of such measure raises potential safety concerns or would cause other unintended con- sequences, the Secretary may promptly sus- pend or remove such measure and satisfy para- graph (1) by publishing in the Federal Register a justification for such suspension or removal in the next rulemaking cycle following such suspension or removal. (i) Use of standardized assessment data, quality measures, and resource use and other meas- ures to inform discharge planning and incor- porate patient preference (1) In general Not later than January 1, 2016, and periodi- cally thereafter (but not less frequently than once every 5 years), the Secretary shall pro- mulgate regulations to modify conditions of participation and subsequent interpretive guidance applicable to PAC providers, hos- pitals, and critical access hospitals. Such reg- ulations and interpretive guidance shall re- quire such providers to take into account quality, resource use, and other measures under the applicable reporting provisions (which, as available, shall include measures specified under subsections (c) and (d), and other relevant measures) in the discharge planning process. Specifically, such regula- tions and interpretive guidance shall address the settings to which a patient may be dis- charged in order to assist subsection (d) hos- pitals, critical access hospitals, hospitals de- scribed in section 1395ww(d)(1)(B)(v) of this title, PAC providers, patients, and families of such patients with discharge planning from in- patient settings, including such hospitals, and from PAC provider settings. In addition, such regulations and interpretive guidance shall in- clude procedures to address— (A) treatment preferences of patients; and (B) goals of care of patients. (2) Discharge planning All requirements applied pursuant to para- graph (1) shall be used to help inform and mandate the discharge planning process. (3) Clarification Such regulations shall not require an indi- vidual to be provided post-acute care by a spe- cific type of PAC provider in order for such care to be eligible for payment under this sub- chapter. (j) Stakeholder input Before the initial rulemaking process to im- plement this section, the Secretary shall allow for stakeholder input, such as through town halls, open door forums, and mail-box submis- sions. (k) Funding For purposes of carrying out this section, the Secretary shall provide for the transfer to the Centers for Medicare & Medicaid Services Pro- gram Management Account, from the Federal Hospital Insurance Trust Fund under section 1395i of this title and the Federal Supple- mentary Medical Insurance Trust Fund under section 1395t of this title, in such proportion as the Secretary determines appropriate, of $130,000,000. Fifty percent of such amount shall be available on October 6, 2014, and fifty percent of such amount shall be equally proportioned for each of fiscal years 2015 through 2019. Such sums shall remain available until expended. (l) Limitation There shall be no administrative or judicial review under sections 1395ff and 1395oo of this title or otherwise of the specification of stand- ardized patient assessment data required, the determination of measures, and the systems to report such standardized data under this sec- tion. (m) Non-application of Paperwork Reduction Act Chapter 35 of title 44 (commonly referred to as the ‘‘Paperwork Reduction Act of 1995’’) shall not apply to this section and the sections ref- erenced in subsection (a)(2)(B) that require modification in order to achieve the standard- ization of patient assessment data. (Aug. 14, 1935, ch. 531, title XVIII, § 1899B, as added Pub. L. 113–185, § 2(a), Oct. 6, 2014, 128 Stat. 1952; amended Pub. L. 114–255, div. C, title XV, § 15008(d)(1), Dec. 13, 2016, 130 Stat. 1321.) Page 4008 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395lll Editorial Notes REFERENCES IN TEXT Section 2(d) of the IMPACT Act of 2014, referred to in subsecs. (c)(3)(A) and (d)(3)(A), is section 2(d) of Pub. L. 113–185, which is set out as a note under this section. AMENDMENTS 2016—Subsec. (a)(2)(A)(iv). Pub. L. 114–255 substituted ‘‘1395ww(d)(1)(B)(vi)’’ for ‘‘1395ww(d)(1)(B)(iv)(II)’’. Statutory Notes and Related Subsidiaries PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE INITIAL ASSESSMENT VISIT AND COMPLETE THE COMPREHENSIVE ASSESSMENT WITH RESPECT TO CER- TAIN REHABILITATION SERVICES FOR HOME HEALTH AGENCIES UNDER THE MEDICARE PROGRAM Pub. L. 116–260, div. CC, title I, § 115, Dec. 27, 2020, 134 Stat. 2948, provided that: ‘‘Not later than January 1, 2022, the Secretary of Health and Human Services shall revise subsections (a)(2) and (b)(3) of section 484.55 of title 42, Code of Federal Regulations, or a successor regulation, to permit an occupational therapist to con- duct the initial assessment visit and to complete the comprehensive assessment (as such terms are described in such subsections, respectively) for home health serv- ices for an individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) if the home health plan of care for such individual— ‘‘(1) does not initially include skilled nursing care; ‘‘(2) includes occupational therapy; and ‘‘(3) includes physical therapy or speech language pathology.’’ IMPROVING PAYMENT ACCURACY UNDER THE PAC PAY- MENT SYSTEMS AND OTHER MEDICARE PAYMENT SYS- TEMS Pub. L. 113–185, § 2(d), Oct. 6, 2014, 128 Stat. 1966, pro- vided that: ‘‘(1) STUDIES AND REPORTS OF EFFECT OF CERTAIN IN- FORMATION ON QUALITY AND RESOURCE USE.— ‘‘(A) STUDY USING EXISTING MEDICARE DATA.— ‘‘(i) STUDY.—The Secretary of Health and Human Services (in this subsection referred to as the ‘Sec- retary’) shall conduct a study that examines the ef- fect of individuals’ socioeconomic status on quality measures and resource use and other measures for individuals under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) (such as to recognize that less healthy individ- uals may require more intensive interventions). The study shall use information collected on such individuals in carrying out such program, such as urban and rural location, eligibility for Medicaid under title XIX of such Act (42 U.S.C. 1396 et seq.) (recognizing and accounting for varying Medicaid eligibility across States), and eligibility for bene- fits under the supplemental security income (SSI) program. The Secretary shall carry out this para- graph acting through the Assistant Secretary for Planning and Evaluation. ‘‘(ii) REPORT.—Not later than 2 years after the date of the enactment of this Act [Oct. 6, 2014], the Secretary shall submit to Congress a report on the study conducted under clause (i). ‘‘(B) STUDY USING OTHER DATA.— ‘‘(i) STUDY.—The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and Medicare beneficiary activation, on quality meas- ures and resource use and other measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Sec- retary may use existing Federal data and collect such additional data as may be necessary to com- plete the study. ‘‘(ii) REPORT.—Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study con- ducted under clause (i). ‘‘(C) EXAMINATION OF DATA IN CONDUCTING STUDIES.— In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medi- care data sets, such as data from the American Com- munity Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordi- nated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. ‘‘(D) RECOMMENDATIONS TO ACCOUNT FOR INFORMA- TION IN PAYMENT ADJUSTMENT MECHANISMS.—If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality measures and resource use and other measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— ‘‘(i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address bar- riers to the Centers in accessing such data; and ‘‘(ii) account for such factors— ‘‘(I) in quality measures, resource use measures, and other measures under title XVIII of the So- cial Security Act (including such measures speci- fied under subsections (c) and (d) of section 1899B of such Act [42 U.S.C. 1395lll], as added by sub- section (a)); and ‘‘(II) in determining payment adjustments based on such measures in other applicable provi- sions of such title. ‘‘(E) FUNDING.—There are hereby appropriated to the Secretary from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t) (in proportions determined appropriate by the Secretary) to carry out this para- graph $6,000,000, to remain available until expended. ‘‘(2) CMS ACTIVITIES.— ‘‘(A) IN GENERAL.—Taking into account the relevant studies conducted and recommendations made in re- ports under paragraph (1) and, as appropriate, other information, including information collected before completion of such studies and recommendations, the Secretary, on an ongoing basis, shall, as the Sec- retary determines appropriate and based on an indi- vidual’s health status and other factors— ‘‘(i) assess appropriate adjustments to quality measures, resource use measures, and other meas- ures under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) (including measures specified in subsections (c) and (d) of section 1899B of such Act, as added by subsection (a)); and ‘‘(ii) assess and implement appropriate adjust- ments to payments under such title based on meas- ures described in clause (i). ‘‘(B) ACCESSING DATA.—The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. ‘‘(C) PERIODIC ANALYSES.—The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in subparagraph (A) so as to monitor changes in possible relationships. ‘‘(D) FUNDING.—There are hereby appropriated to the Secretary from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t) (in proportions determined appropriate by the Secretary) to carry out this para- graph $10,000,000, to remain available until expended. ‘‘(3) STRATEGIC PLAN FOR ACCESSING RACE AND ETH- NICITY DATA.—Not later than 18 months after the date Page 4009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396 of the enactment of this Act [Oct. 6, 2014], the Sec- retary shall develop and report to Congress on a stra- tegic plan for collecting or otherwise accessing data on race and ethnicity for purposes of specifying quality measures and resource use and other measures under subsections (c) and (d) of section 1899B of the Social Se- curity Act, as added by subsection (a), and, as the Sec- retary determines appropriate, other similar provisions of, including payment adjustments under, title XVIII of such Act (42 U.S.C. 1395 et seq.).’’ SUBCHAPTER XIX—GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS § 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the implications of changes in health care delivery in the United States and in the market for health care services on such pro- grams. (2) Specific topics to be reviewed Specifically, MACPAC shall review and as- sess the following: (A) Medicaid and CHIP payment policies Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and serv- ices in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health cen- ters and rural health clinics, managed care entities, and providers of other covered items and services; (ii) payment methodologies; and (iii) the relationship of such factors and methodologies to access and quality of care for Medicaid and CHIP beneficiaries (including how such factors and meth- odologies enable such beneficiaries to ob- tain the services for which they are eligi- ble, affect provider supply, and affect pro- viders that serve a disproportionate share of low-income and other vulnerable popu- lations). (B) Eligibility policies Medicaid and CHIP eligibility policies, in- cluding a determination of the degree to which Federal and State policies provide health care coverage to needy populations. (C) Enrollment and retention processes Medicaid and CHIP enrollment and reten- tion processes, including a determination of the degree to which Federal and State poli- cies encourage the enrollment of individuals who are eligible for such programs and screen out individuals who are ineligible, while minimizing the share of program ex- penses devoted to such processes. (D) Coverage policies Medicaid and CHIP benefit and coverage policies, including a determination of the de- gree to which Federal and State policies pro- vide access to the services enrollees require to improve and maintain their health and functional status. (E) Quality of care Medicaid and CHIP policies as they relate to the quality of care provided under those programs, including a determination of the degree to which Federal and State policies achieve their stated goals and interact with similar goals established by other pur- chasers of health care services. (F) Interaction of Medicaid and CHIP pay- ment policies with health care delivery generally The effect of Medicaid and CHIP payment policies on access to items and services for children and other Medicaid and CHIP popu- lations other than under this subchapter or subchapter XXI and the implications of changes in health care delivery in the United States and in the general market for health care items and services on Medicaid and CHIP. (G) Interactions with Medicare and Medicaid Consistent with paragraph (11), the inter- action of policies under Medicaid and the Medicare program under subchapter XVIII, including with respect to how such inter- actions affect access to services, payments, and dual eligible individuals. (H) Other access policies The effect of other Medicaid and CHIP policies on access to covered items and serv- ices, including policies relating to transpor- tation and language barriers and preventive, acute, and long-term services and supports. (3) Recommendations and reports of State-spe- cific data MACPAC shall— (A) review national and State-specific Medicaid and CHIP data; and

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Prohibition against any Federal inter-

§ 1395. Prohibition against any Federal inter- ference Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selec- tion, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any su- pervision or control over the administration or operation of any such institution, agency, or person. (Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79 Stat. 291.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title I of Pub. L. 89–97, which en- acted this subchapter as the ‘‘Health Insurance for the Aged Act’’, see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title. PROTECTING AND IMPROVING GUARANTEED MEDICARE BENEFITS Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat. 538, provided that: ‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.— Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaran- teed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]. ‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE MEDICARE PROGRAM AND MEDICARE BENEFICIARIES.— Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand gu

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395i — Health insurance information, counseling, and assistance grants

**(a) Grants** The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall make grants to States, with approved State regulatory programs under [section 1395ss of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ss&num=0&edition=prelim), that submit applications to the Secretary that meet the requirements of this section for the purpose of providing information, counseling, and assistance relating to the procurement of adequate and appropriate health insurance coverage to individuals who are eligible to receive benefits under this subchapter (in this section referred to as “eligible individuals”). The Secretary shall prescribe regulations to establish a minimum level of funding for a grant issued under this section. **(b) Grant applications** (1) In submitting an application under this section, a State may consolidate and coordinate an application that consists of parts prepared by more than one agency or department of such State. (2) As part of an application for a grant under this section, a State shall submit a plan for a State-wide health insurance information, counseling, and assistance program. Such program shall— (A) establish or improve upon a health insurance information, counseling, and assistance program that provides counseling and assistance to eligible individuals in need of health insurance information, including— (i) information that may assist individuals in obtaining benefits and filing claims under this subchapter and subchapter XIX of this chapter; (ii) policy comparison information for medicare supplemental policies (as described in [section 1395ss(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ss/g/1

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395i

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395i — Federal Hospital Insurance Trust Fund

§ 1395i. Federal Hospital Insurance Trust Fund (a) Creation; deposits; transfers from Treasury There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ‘‘Federal Hospital Insurance Trust Fund’’ (hereinafter in this section referred to as the ‘‘Trust Fund’’). The Trust Fund shall consist of such gifts and bequests as may be made as provided in section 401(i)(1) of this title, and such amounts as may be deposited in, or appro- priated to, such fund as provided in this part. There are hereby appropriated to the Trust Fund for the fiscal year ending June 30, 1966, and for each fiscal year thereafter, out of any mon- eys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes imposed by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages reported to the Sec- retary of the Treasury or his delegate pursu- ant to subtitle F of such Code after December 31, 1965, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of records of wages established and maintained by the Com- missioner of Social Security in accordance with such reports; and (2) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self-employment income reported to the Secretary of the Treasury or his delegate on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self-employment income, which self-employment income shall be cer- tified by the Commissioner of Social Securi

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395i

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395i. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395lll — Contract with a consensus-based entity regarding performance measurement

**(a) Contract** (1) **In general** — For purposes of activities conducted under this chapter, the Secretary shall identify and have in effect a contract with a consensus-based entity, such as the National Quality Forum, that meets the requirements described in subsection (c). Such contract shall provide that the entity will perform the duties described in subsection (b). (2) **Timing for first contract** — As soon as practicable after July 15, 2008, the Secretary shall enter into the first contract under paragraph (1). (3) **Period of contract** — A contract under paragraph (1) shall be for a period of 4 years (except as may be renewed after a subsequent bidding process). (4) **Competitive procedures** — Competitive procedures (as defined in [section 132 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section132&num=0&edition=prelim)) shall be used to enter into a contract under paragraph (1). **(b) Duties** The duties described in this subsection are the following: (1) **Priority setting process** — The entity shall synthesize evidence and convene key stakeholders to make recommendations, with respect to activities conducted under this chapter, on an integrated national strategy and priorities for health care performance measurement in all applicable settings. In making such recommendations, the entity shall— (A) ensure that priority is given to measures— (i) that address the health care provided to patients with prevalent, high-cost chronic diseases; (ii) with the greatest potential for improving the quality, efficiency, and patient-centeredness of health care; and (iii) that may be implemented rapidly due to existing evidence, standards of care, or other reasons; and (B) take into account measures that—

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395lll

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395t — Conditions for coverage of religious nonmedical health care institutional services

**(a) In general** Subject to subsections (c) and (d), payment under this part may be made for inpatient hospital services or post-hospital extended care services furnished an individual in a religious nonmedical health care institution and for home health services furnished an individual by a religious nonmedical health care institution only if— (1) the individual has an election in effect for such benefits under subsection (b); and (2) the individual has a condition such that the individual would qualify for benefits under this part for inpatient hospital services, extended care services, or home health services, respectively, if the individual were an inpatient or resident in a hospital or skilled nursing facility, or receiving services from a home health agency, that was not such an institution. **(b) Election** (1) **In general** — An individual may make an election under this subsection in a form and manner specified by the Secretary consistent with this subsection. Unless otherwise provided, such an election shall take effect immediately upon its execution. Such an election, once made, shall continue in effect until revoked. (2) **Form** — The election form under this subsection shall include the following: (A) A written statement, signed by the individual (or such individual’s legal representative), that— (i) the individual is conscientiously opposed to acceptance of nonexcepted medical treatment; and (ii) the individual’s acceptance of nonexcepted medical treatment would be inconsistent with the individual’s sincere religious beliefs. (B) A statement that the receipt of nonexcepted medical services shall constitute a revocation of the election and may limit further receipt of services described in subsection (a). (3) **Revocation** — An el

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395t

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395t. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395t — Federal Supplementary Medical Insur-

§ 1395t. Federal Supplementary Medical Insur- ance Trust Fund (a) Creation; deposits; fund transfers There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ‘‘Federal Supplementary Medical Insurance Trust Fund’’ (hereinafter in this sec- tion referred to as the ‘‘Trust Fund’’). The Trust Fund shall consist of such gifts and bequests as may be made as provided in section 401(i)(1) of this title, such amounts as may be deposited in, or appropriated to, such fund as provided in this part or section 9008(c) 1 of the Patient Protection and Affordable Care Act of 2009, and such amounts as may be deposited in, or appropriated to, the Medicare Prescription Drug Account es- tablished by section 1395w–116 of this title or the Transitional Assistance Account established by section 1395w–141(k)(1) of this title. (b) Board of Trustees; composition; meetings; du- ties With respect to the Trust Fund, there is here- by created a body to be known as the Board of Trustees of the Trust Fund (hereinafter in this section referred to as the ‘‘Board of Trustees’’) composed of the Commissioner of Social Secu- rity, the Secretary of the Treasury, the Sec- retary of Labor, and the Secretary of Health and Human Services, all ex officio, and of two mem- bers of the public (both of whom may not be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Sen- ate. A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nomi- nated and confirmed as a member of the public may serve in s

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395t

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395t. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395w — Payment of benefits

**(a) Amounts** Except as provided in [section 1395mm of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395mm&num=0&edition=prelim), and subject to the succeeding provisions of this section, there shall be paid from the Federal Supplementary Medical Insurance Trust Fund, in the case of each individual who is covered under the insurance program established by this part and incurs expenses for services with respect to which benefits are payable under this part, amounts equal to— (1) in the case of services described in [section 1395k(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395k/a/1&num=0&edition=prelim)—80 percent of the reasonable charges for the services; except that (A) an organization which provides medical and other health services (or arranges for their availability) on a prepayment basis (and either is sponsored by a union or employer, or does not provide, or arrange for the provision of, any inpatient hospital services) may elect to be paid 80 percent of the reasonable cost of services for which payment may be made under this part on behalf of individuals enrolled in such organization in lieu of 80 percent of the reasonable charges for such services if the organization undertakes to charge such individuals no more than 20 percent of such reasonable cost plus any amounts payable by them as a result of subsection (b), (B) with respect to items and services described in [section 1395x(s)(10)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s/10/A&num=0&edition=prelim), the amounts paid shall be 100 percent of the reasonable charges for such items and services, (C) with respect to expenses incurred for those physicians

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395w

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395w — Appropriations to cover Government

§ 1395w. Appropriations to cover Government contributions and contingency reserve (a) In general There are authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, to the Federal Sup- plementary Medical Insurance Trust Fund— (1)(A) a Government contribution equal to the aggregate premiums payable for a month for enrollees age 65 and over under this part and deposited in the Trust Fund, multiplied by the ratio of— (i) twice the dollar amount of the actuari- ally adequate rate per enrollee age 65 and over as determined under section 1395r(a)(1) of this title for such month minus the dollar amount of the premium per enrollee for such month, as determined under section 1395r(a)(3) of this title, to (ii) the dollar amount of the premium per enrollee for such month, plus (B) a Government contribution equal to the aggregate premiums payable for a month for enrollees under age 65 under this part and de- posited in the Trust Fund, multiplied by the ratio of— (i) twice the dollar amount of the actuari- ally adequate rate per enrollee under age 65 as determined under section 1395r(a)(4) of this title for such month minus the dollar amount of the premium per enrollee for such month, as determined under section 1395r(a)(3) of this title, to (ii) the dollar amount of the premium per enrollee for such month; minus (C) the aggregate amount of additional pre- mium payments attributable to the applica- tion of section 1395r(i) of this title; plus (2) such sums as the Secretary deems nec- essary to place the Trust Fund, at the end of any fiscal year occurring after June 30, 1967, in the same position in which it would have been at the end of such fiscal year if (A) a Govern- ment contribution repr

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395w

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395w. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.