Preserving Patient Access to Home Infusion Act

I 116TH CONGRESS 2D SESSION H. R. 6218 To amend title XVIII of the Social Security Act to clarify congressional intent and preserve patient access to home infusion therapy under the Medicare program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2020 Mr. ENGEL (for himself, Mr. UPTON, Ms. SEWELL of Alabama, Mr. MARCH- ANT, Mr. MARSHALL, and Ms. KELLY of Illinois) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 title XVIII of the Social Security Act to clarify congressional intent and preserve patient access to home infusion therapy 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 ‘‘Preserving Patient Ac- 4 cess to Home Infusion Act’’. 5 VerDate Sep 11 2014 22:43 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6218.IH H6218 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6218 IH SEC. 2. PRESERVATION OF PATIENT ACCESS TO HOME IN- 1 FUSION THERAPY UNDER MEDICARE PRO- 2 GRAM. 3 (a) IN GENERAL.—Section 1861(iii) of the Social Se- 4 curity Act (42 U.S.C. 1395x(iii)) is amended— 5 (1) in paragraph (2)(A), by inserting ‘‘and 6 pharmacy services’’ before ‘‘, furnished in accord- 7 ance with the plan’’; and 8 (2) in paragraph (3)(C)(ii), by inserting after 9 ‘‘list’’ the following: ‘‘, unless such self-administered 10 drug or biological was included as a transitional 11 home infusion drug (as defined in section 12 1834(u)(7)(A)(iii))’’. 13 (b) CLARIFICATION OF INFUSION DRUG ADMINIS- 14 TRATION CALENDAR DAY.—Section 1834(u)(1)(A)(ii) of 15 the Social Security Act (42 U.S.C. 1395m(u)(1)(A)(ii)) is 16 amended by inserting after the first sentence the following 17 new sentence: ‘‘For purposes of the previous sentence, 18 with respect to the furnishing of home infusion drugs to 19 an individual by a qualified home infusion therapy sup- 20 plier, a reference to payment to such supplier for an infu- 21 sion drug administration calendar day in the home of such 22 individual shall refer to payment for the date on which 23 such a drug was administered to the individual (regardless 24 of whether a qualified home infusion therapy supplier was 25 VerDate Sep 11 2014 22:43 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6218.IH H6218 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6218 IH physically present in the home of such individual on such 1 date).’’. 2 (c) EFFECTIVE DATE.—The amendments made by 3 this section shall apply with respect to items and services 4 furnished on or after January 1, 2021. 5 Æ VerDate Sep 11 2014 22:43 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H6218.IH H6218 kjohnson on DSK79L0C42PROD with BILLS