DMAA Legislative Update

DMAA: The Care Continuum Alliance regularly tracks legislative and regulatory proposals and activities of interest to the population health improvement community and, when appropriate, advocates on behalf of its members. Current proposals of interest include:

Chronic Care Legislation
Senate
Title S. 631 Remote Monitoring Access Act of 2007
Sponsor, Co-Sponsors Sen. Norm Coleman (R-MN), co-sponsors»
Status Introduced 2/15/2007; Referred to Senate Committee on Finance 2/15/2007
Bill Summary Amends title XVIII of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions under the Medicare Program.

Creates a new benefit category for remote patient management services in the Medicare physician fee schedule. Initially, Medicare would cover treatment of congestive heart failure, diabetes, and cardiac arrhythmia with the option of covering additional conditions in the future.
Title S. 755 Diabetes Screening and Medicaid Savings Act of 2007
Sponsor, Co-Sponsors Sen. Charles Schumer (D-NY), co-sponsors»
Status Introduced 3/2/2007; Referred to Senate Committee on Finance 3/2/2007
Bill Summary Provides diabetes screenings under Medicaid for adult enrollees with diabetic risk factors.

Ensures that states offer comprehensive benefit packages, including self-management training, to individuals with diabetes.

Provides reimbursement for diabetes care to "treating physicians or health care providers."
House
Title H.R. 3373 Catalyst for Better Diabetes Care
Sponsor, Co-Sponsors Rep. Zach Space (D-OH), co-sponsors»
Status Introduced 8/3/2007; Referred to House Committee on Energy and Commerce 8/3/2007; Referred to House Subcommittee on Health 8/3/2007
Bill Summary Creates a cross-agency, collaborative patient and provider outreach program to increase utilization of the Medicare diabetes screening benefit established in 2003. Tracks progress through creation of a National Diabetes Report Card, with corollary state information, which consists of aggregate health outcomes relative to the leading clinical measures of diabetes, as well as aggregate data on the complications of diabetes.
Title H.R. 4327 Medicare Chronic Care Practice Network
Sponsor, Co-Sponsors Rep. Timothy Johnson (R-IL), co-sponsors»
Status Introduced 12/6/2007; Referred to House Committee on Energy and Commerce 12/6/2007; Referred to House Committee on Ways and Means 12/6/2007
Bill Summary Directs the Secretary of Health and Human Services to establish a Medicare Chronic Care Practice Research Network to develop and evaluate evidence-based chronic care management for Medicare beneficiaries with multiple, chronic conditions, with a focus on beneficiaries under the Medicare fee-for-service program whose care is most costly. Providers participating in the Medicare Coordinated Care Demonstration (MCCD) would receive preference to research, design, implement, test, and validate specific interventions designed to improve care management for beneficiaries with multiple chronic conditions.
  House Senate
Title H.R. 1245 Kidney Disease Educational Benefits Act of 2007 S. 432 Kidney Disease Educational Benefits Act of 2007
Sponsor, Co-Sponsors Rep. Mark Steven Kirk (R-IL), co-sponsors» Sen. Blanche Lincoln (D-AR), co-sponsors»
Status Introduced 2/28/2007; Referred to House Committee on Energy and Commerce 2/28/2007; Referred to House Committee on Ways and Means 2/28/2007; Referred to House Subcommittee on Health 3/7/2007 Introduced 1/30/2007; Referred to Senate Committee on Finance 1/30/2007
Bill Summary Same as Senate Provides reimbursement for comprehensive kidney disease education services focused on co-morbidities, prevention of exacerbations, and options for renal replacement therapy.

Provides payments to physicians; RNs; registered dieticians or nutrition professionals; certified social workers; physician assistants, nurse practitioners, certified nurses; or transplant coordinators.
Title H.R. 2244 Geriatric Assessment and Chronic Care Coordination Act of 2007 S. 1340 Geriatric Assessment and Chronic Care Coordination Act of 2007
Sponsor, Co-Sponsors Rep. Gene Green (D-TX), co-sponsors» Sen. Blanche Lincoln (D-AR), co-sponsors»
Status Introduced 5/9/2007; Referred to House Committee on Ways and Means 5/9/2007; Referred to House Committee on Energy and Commerce 5/9/2007; Referred to House Subcommittee on Health 5/15/2007 Introduced 5/9/2007; Referred to Senate Committee on Finance 5/9/2007; Hearing held in Senate Special Committee on Aging 5/9/2007
Bill Summary Same as Senate Provides eligible Medicare beneficiaries with access to geriatric assessments and chronic care coordination services.

Directs the Secretary to contract for a study and report to Congress and the Secretary on: (1) efficacy of coverage in improving the quality of care provided to beneficiaries with chronic conditions; and (2) the impact of assessments and services on reducing Medicare expenditures.
Title H.R. 1193 Kidney Care Quality and Education Act of 2007 S. 691 Kidney Care Quality and Education Act of 2007
Sponsor, Co-Sponsors Rep. John Lewis (D-GA), co-sponsors» Sen. Kent Conrad (D-ND), co-sponsors»
Status Introduced 2/27/2007; Referred to House Committee on Ways and Means 2/27/2007; Referred to House Committee on Energy and Commerce 2/27/2007; Referred to House Subcommittee on Health 3/13/2007 Introduced 2/27/2007; Referred to Senate Committee on Finance 2/27/2007
Bill Summary Same as Senate This proposal seeks to modernize and improve the Medicare ESRD program.

Establishes demonstration projects to: (1) increase public awareness about the factors that lead to chronic kidney disease, how to prevent it, how to treat it, and how to avoid kidney failure, as well as enhance surveillance systems and expand research to better assess the prevalence and incidence of kidney disease; and (2) enable individuals with end-stage renal disease (ESRD) to develop self-management skills.

Directs the Secretary to: (1) establish blood flow monitoring demonstration projects; and (2) arrange with the Institute of Medicine of the National Academy of Sciences to evaluate the barriers to increasing the number of individuals with ESRD who elect to receive home dialysis services or other treatment modalities under Medicare.

Establishes an annual payment update framework for the Medicare ESRD composite rate and directs HHS to establish a three-year continuous quality improvement initiative under which quality payments are provided to renal dialysis facilities, providers of services, and physicians that: (1) provide items and services to individuals with ESRD enrolled under Medicare part B (Supplementary Medical Insurance); and (2) meet quality benchmarks and demonstrate quality improvements.
Wellness/Prevention Legislation
House
Title H.R. 853 Wellness and Prevention Act of 2007
Sponsor, Co-Sponsors Rep. Joe Knollenberg (R-MI), co-sponsors»
Status Introduced 2/6/2007; Referred to House Committee on Ways and Means 2/6/2007; Referred to House Committee on Energy and Commerce 2/6/2007; Referred to House Subcommittee on Health 2/20/2007
Bill Summary Provides loan payment assistance for preventive medicine physicians.

Establishes a wellness program tax credit for eligible employers equal to 25 percent of the incurred expenses for implementing the wellness program.

Establishes an individual tax credit of up to $200 for participation in a qualified employer's wellness program.
Senate
Title S. 1753 Healthy Workforce Act of 2007
Sponsor, Co-Sponsors Sen. Tom Harkin (D-IA), co-sponsors»
Status Introduced 7/9/2007; Referred to Senate Committee on Finance
Bill Summary Amends the Internal Revenue Code to allow employers a 50% tax credit for the costs of providing employees with a qualified wellness program. Defines "qualified wellness program" as a program that is certified by the Secretary of Health and Human Services and that consists of a health awareness and education component, a behavioral change component, and a supportive environment component. Terminates such credit after 2017.

Requires the Secretary of the Treasury to institute an outreach program to inform businesses about the availability of such wellness program tax credit.
  House Senate
Title H.R. 3163 Healthy Americans Act S. 334 Healthy Americans Act
Sponsor, Co-Sponsors Rep. Brian Baird (D-WA), co-sponsors» Sen. Ron Wyden (D-OR), co-sponsors»
Status Introduced 7/24/2007; Referred to House Committees on Energy & Commerce, Ways & Means, Education & Labor, & Oversight & Government Reform 9/19/2007 Introduced 1/18/2007; Referred to Senate Committee on Finance 1/18/2007
Bill Summary Same as Senate Eliminates the employer-provided health care market and requires individuals to purchase health care through state-run programs. Health care premiums would be subsidized for low-income individuals.

Offers premium discounts for participation in wellness programs and for other health behaviors.

Increases reimbursement for "health home"-designated primary care physicians and providers through additional management fees for care coordination services.

Requires the development of a chronic care disease management program designed to provide chronic care disease management to all Medicare beneficiaries with respect to the five most prevalent chronic diseases. Sets up Chronic Care Education Centers to provide information on chronic disease health care providers.
Title H.R. 477 Stroke Treatment and Ongoing Prevention Act of 2007 S. 999 Stroke Treatment and Ongoing Prevention Act of 2007
Sponsor, Co-Sponsors Rep. Lois Capps (D-CA), co-sponsors» Sen. Thad Cochran (R-MS), co-sponsors»
Status Introduced 1/16/2007; Passed House by voice vote 3/27/2007 Introduced 3/27/2007; Referred to Senate HELP Committee 3/27/2007
Bill Summary Provides for a national education campaign to promote stroke prevention and increase the number of stroke patients who seek immediate treatment.

Requires the Secretary and the Centers for Disease Control (CDC) to collect specific data points and benchmarks for stroke care analysis and by compiling and disseminating information on state, local, and private care system achievements and problems.

Includes stroke and traumatic injury prevention, diagnosis, and treatment within the grant program for emergency medicine residency training.

Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to states and to consortia of public and private entities in any non-grantee state to conduct a five-year pilot project to improve stroke patient outcomes by coordinating health care through telehealth networks.
Directs the Secretary of Health and Human Services to: (1) establish a grant program to enable states to develop statewide stroke care systems; (2) foster the development of stroke care systems through information sharing among involved agencies and individuals; (3) develop a model curriculum for training emergency medical services personnel in the identification, assessment, stabilization, and prehospital treatment of stroke patients; (4) issue recommendations and guidelines on best practices for establishing and operating such systems; and (5) provide public information on recognition of stroke signs and symptoms and appropriate actions.

Directs the Secretary to: (1) maintain the Paul Coverdell National Acute Stroke Registry; and (2) award grants to states to develop stroke care systems that provide prevention, diagnosis, treatment, and rehabilitation.

Requires the Secretary to give special consideration in awarding grants to states with an elevated incidence of stroke or demonstrating a significant need for assistance in establishing such a system.
Health Information Technology Legislation
Senate
Title S. 498 Rural Medicare Equity Act of 2007
Sponsor, Co-Sponsors Sen. Russell D. Feingold (D-WI), co-sponsors»
Status Introduced 2/6/2007; Referred to Senate Committee on Finance 2/6/2007
Bill Summary The Rural Medicare Equity Act of 2007 seeks to improve access and quality for rural beneficiaries by, among other things:
  • Creating a demonstration project for health information technology improvements in rural areas, including health surveillance, virtual libraries, electronic health records, etc.
Title S. 321 Fostering Independence through Technology Act of 2007
Sponsor, Co-Sponsors Sen. John Thune (R-SD), co-sponsors»
Status Introduced 1/17/2007; Referred to Senate Committee on Finance 1/17/2007
Bill Summary Establishes Medicare pilot projects to provide incentives for home health agencies to utilize home monitoring and communications technologies to enhance health outcomes and reduce expenditures for Medicare beneficiaries.

Provides participating agencies with incentive payments equal to the portion of the Medicare savings realized for each year.

Authorizes the HHS Secretary to initiate comparable projects in additional areas if any of the pilot projects enhance health outcomes and reduce expenditures.
Title S. 1455 The National HIT and Privacy Advancement Act of 2007
Sponsor, Co-Sponsors Sen. Sheldon Whitehouse (D-RI), co-sponsors»
Status Introduced 5/23/2007; Referred to Senate Committee on Health, Education, Labor and Pensions 5/23/2007
Bill Summary Requires the HHS Secretary of Health to: (1) provide federal governmental assistance to the planning and development of, and provide for the implementation of, a national program for the establishment and operation of a national HIT and privacy system; (2) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (3) provide for incentives for physicians to engage in electronic patient-provider interactions.

Establishes the Office of the National Coordinator for HIT.

Authorizes the establishment of a nonprofit national health information technology and privacy corporation to: (1) plan, initiate, construct, own, manage, and operate a national HIT and privacy system; (2) furnish access to individuals and to authorized providers and payers of health care services; and (3) specify rules for allowing access to non-identifiable health care data for public health and research purposes.
House
Title H.R. 1952 National Health Information Incentive Act of 2007
Sponsor, Co-Sponsors Rep. Charles Gonzalez (D-TX), co-sponsors»
Status Introduced 4/19/2007; Referred to House Committee on Ways & Means 4/19/2007; Referred to House Committee on Energy & Commerce 4/19/2007; Referred to House Subcommittee on Health 4/25/2007
Bill Summary Establishes within the Office of the Secretary of Health and Human Services an Office of the National Coordinator for Health Information Technology.

Directs the Secretary to make additional Medicare payment incentives to assure that small medical care providers have the capability to move toward a national health care information infrastructure by acquiring electronic health record systems and other health information technologies. Provides for optional financial incentives to small health care providers and entities to implement such an infrastructure.

Authorizes the Secretary to: (1) make grants to small medical care providers for the purpose of assisting them to acquire and adopt patient registries, evidence-based clinical decision support tools at the point of care, electronic health records, secure e-mail, and other health information technologies defined by the Secretary as a key component of a national health care information infrastructure; and (2) make and guarantee loans to assist small medical care providers to acquire and adopt such things.
Title H.R. 2043 Medicaid Access Project through Information Technology (MAP IT) Act
Sponsor, Co-Sponsors Rep. Adam Smith (D-WA), co-sponsors»
Status Introduced 4/25/2007; Referred to House Committee on Energy & Commerce 4/25/2007; Referred to House Subcommittee on Health 4/26/2007
Bill Summary The bill directs the Secretary of Health and Human Services to establish a two-year project to demonstrate the impact of health information technology on chronic disease management under the Medicaid program.
  House Senate
Title H.R. 3800 Promoting Health Information Technology Act S. 1693 Wired for Healthcare Quality Act
Sponsor, Co-Sponsors Rep. Anna Eshoo (D-CA), co-sponsors» Sen. Ted Kennedy (D-MA), co-sponsors»
Status Introduced 10/10/2007; Referred to House Committee on Energy & Commerce 10/10/2007 Introduced 6/26/2007; Referred to Senate Committee on Health, Education, Labor and Pensions 6/26/2007; Reported by Senate HELP Committee as amended 8/1/2007; Placed on Calendar 8/1/2007
Bill Summary Establishes the Office of the National Coordinator of Health Information Technology.

Establishes a public-private Partnership for Health Care Improvement to recommend specific actions to achieve a nationwide interoperable health information technology infrastructure. Provides for the adoption by the federal government of standards for the electronic exchange of health information.

Establishes the American Health Information Community to provide advice to the Secretary of Health and Human Services and the heads of any relevant federal agencies concerning the policy considerations related to health information technology.

Authorizes the Secretary to award grants for the: (1) purchase of qualified health information technology systems; (2) implementation of regional or local health information plans; and (3) development of academic curricula integrating qualified health information technology systems in the clinical education of health professionals.

Requires the Secretary to provide for the development and use of health care quality measures to measure the quality and efficiency of health care that patients receive.

Extends health information privacy requirements to an operator of a health information electronic database. Gives individuals the right to inspect and obtain a copy of their protected health information stored in electronic format.

Directs the Comptroller General to report on the circumstances in which it is necessary and workable to require that individuals be notified if their individually identifiable health information is wrongly disclosed.

Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, to develop a Health Information Technology Resource Center.

H.R. 3800 authorizes an additional $24 million in federal grants for state and local HIT promotion.
Establishes the Office of the National Coordinator of Health Information Technology. Terminates this section on September 30, 2014.

Establishes a public-private Partnership for Health Care Improvement to: (1) provide advice to the Secretary of Health and Human Services (the Secretary) and the nation and recommend specific actions to achieve a nationwide interoperable health information technology infrastructure; (2) make recommendations concerning standards, implementation specifications, and certification criteria for the electronic exchange of health information for adoption by the federal government and, voluntarily, by private entities; and (3) develop a schedule for the assessment of standards and implementation specifications.

Establishes the American Health Information Community to: (1) provide advice to the Secretary and relevant federal agencies concerning health information technology policy considerations; (2) make recommendations concerning a policy framework for the development and adoption of a nationwide interoperable health information technology infrastructure; and (3) make recommendations concerning national policies for adoption by the federal government and, voluntarily, by private entities to support the widespread adoption of health information technology, including the protection of individually identifiable health information. Terminates provisions related to the Community on September 20, 2014.

Authorizes the Secretary to award competitive matching grants to: (1) eligible entities to facilitate the purchase and enhance the utilization of qualified health information technology systems to improve the quality and efficiency of health care; (2) states for loans to health care providers to facilitate the purchase and enhance the utilization of qualified health information technology; (3) eligible entities to implement regional or local health information plans to improve health care quality and efficiency through the electronic exchange of health information; and (4) eligible entities or consortia to carry out demonstration projects to develop academic curricula integrating qualified health information technology systems in the clinical education of health professionals or to analyze clinical data sets to discover quality measures.

Requires the Secretary to: (1) provide for the development and use of measures of the quality and efficiency of health care that patients receive; and (2) designate a single organization to promote the development of such quality measures and provide the Secretary with advice and recommendations on the key elements and priorities of a national system for health care performance measurement. Requires the designated organization to: (1) ensure that priority is given to certain measures, including those measures with the greatest potential impact for improving the performance and efficiency of care; (2) establish procedures to ensure that quality measures take into account differences in patient health status, patient characteristics, and geographic locations; and (3) require the owners or developers of quality measures to update and enhance such measures and retire outdated measures.
Title H.R. 4296 Medicare Electronic Medication and Safety Protection (E-MEDS) Act of 2007 S. 2408 Medicare Electronic Medication and Safety Protection (E-MEDS) Act of 2007
Sponsor, Co-Sponsors Rep. Allyson Schwartz (D-PA), co-sponsors» Sen. John Kerry (D-MA), co-sponsors»
Status Introduced 12/5/2007; Referred to House Committee on Energy & Commerce 12/5/2007; Referred to Subcommittee on Health 12/5/2007; Referred to House Committee on Ways & Means 12/5/2007 Introduced 12/5/2007; Referred to Senate Committee on Finance 12/5/2007
Bill Summary Same as Senate Amends Medicare to require the Secretary to: (1) make incentive payments for physician use of an electronic prescription drug program (E-prescribing); and (2) reduce by 10% the fee schedule amount for failure to use E-prescribing.

Directs the CMS Administrator to report to Congress on progress on implementing E-prescribing under the Medicare electronic prescription drug program.
Miscellaneous Legislation
  House Senate
Title H.R. 2723 Children's Health Care Quality Act of 2007 S. 1226 Children's Health Care Quality Act of 2007
Sponsor, Co-Sponsors Rep. Diana DeGette (D-CO), co-sponsors» Sen. Evan Bayh (D-IN), co-sponsors»
Status Introduced 6/14/2007; Referred to House Committee on Energy and Finance 6/14/2007; Referred to House Subcommittee on Health 6/14/2007 Introduced 4/26/2007; Referred to Senate Committee on Finance 4/26/2007
Bill Summary Same as Senate Directs the Secretary, acting through the Administrator of CMS, to establish demonstration projects to award grants to states to improve the delivery of health care services to children under the State Children's Health Insurance Program (SCHIP). Requires demonstration projects in the categories of: (1) health information technology systems; (2) disease management for children with chronic conditions; (3) evidence-based quality improvement; and (4) quality and performance measures for providers of children's health care services.
Title H.R. 3333 Minority Health Improvement and Health Disparity Elimination Act S. 1576 Minority Health Improvement and Health Disparity Elimination Act
Sponsor, Co-Sponsors Rep. Jesse L. Jackson, Jr. (D-IL), co-sponsors» Sen. Ted Kennedy (D-MA), co-sponsors»
Status Introduced 8/2/2007; Referred to House Committee on Energy and Finance 8/2/2007; Referred to House Subcommittee on Health 8/2/2007 Introduced 6/7/2007; Referred to Senate HELP Committee 6/7/2007
Bill Summary Same as Senate Funds grants to increase the number of minority health professionals, conduct research to illuminate disparities, reduce language barriers to appropriate care and fund programs in local communities targeting specific problems, such as high rates of diabetes among Hispanics or high rates of hepatitis B among Asian-Americans.

Creates a public-private partnership to identify, evaluate, and disseminate effective disease management strategies, tailored to improve healthcare and health outcomes for patients from racial and ethnic minority groups.
Senate
Title S. 1298 Healthy Business, Healthy Workers Reinsurance Act of 2007
Sponsor, Co-Sponsors Sen. John Kerry (D-MA), co-sponsors»
Status Introduced 5/3/2007; Referred to Senate Committee on Finance 5/3/2007
Bill Summary Establishes within HHS an Office of Federal Reinsurance, which establishes a Federal Reinsurance Program for Catastrophic Health Care Costs to make reinsurance payments to eligible health plans experiencing catastrophic health care costs during a year with respect to a covered individual. An eligible health plan must ensure that the plan employs effective high-cost case management tools (in accordance with the definition of disease management by the DMAA) in order to reduce costs over time.
Title S. 2105 Federal Health Care Board Act of 2007
Sponsor, Co-Sponsors Sen. Chuck Hagel (R-NE), co-sponsors»
Status Introduced 9/27/2007; Referred to Senate HELP Committee 9/27/2007
Bill Summary Creates an independent federal government agency and will establish, monitor, amend and enforce these six tenants:
  1. Establish a national standard for a basic health plan. The standard would include a basic minimum policy and set the regional cost for this policy.
  2. Establish national protocol and standards for secure and universal individual Electronic Medical Records.
  3. Implement a structure for the disclosure of pricing from providers and payers through an information clearinghouse.
  4. Establish a national standard for public health services (safety net providers).
  5. Create Loan Forgiveness and Scholarship Programs for providers in underserved areas.
  6. Establish model Dispute Resolution for malpractice claims.
Creates within the Agency a Board of Governors—individuals with health care expertise—including clinical health care, health care quality research, public health, health care research, purchaser organizations, rural health care, the uninsured, chronic disease management, long-term care, nursing, primary care, vision care, dental care, mental health care, and health care higher education.