[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2708 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2708
To establish a Patients Before Paperwork Medicare Red Tape Reduction
Commission to study the proliferation of paperwork under the medicare
program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2000
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To establish a Patients Before Paperwork Medicare Red Tape Reduction
Commission to study the proliferation of paperwork under the medicare
program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients Before Paperwork Medicare
Red Tape Reduction Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Regulations promulgated by the Health Care Financing
Administration to administer the medicare program under title
XVIII of the Social Security Act are 3 times as long as the
regulations relating to the Internal Revenue Code of 1986.
(2) During the Administration of President Clinton, more
than a quarter of the 110,000 pages of medicare regulations and
paperwork have been added.
(3) According to American Medical Association Immediate
Past President Dr. Nancy W. Dickey, for most doctors, ``the
biggest challenge is getting through mountains of medicare
paperwork''.
(4) According to the Wall Street Journal, Allina, a
nonprofit Minnesota organization serving 35,000 medicare
beneficiaries, expects to spend $2,000,000 annually in
paperwork-related burdens.
(5) Medicare paperwork burdens have forced increasing
numbers of medicare beneficiaries to resort to the use of
``insurance claim service'' firms that charge from $20 to $75
an hour.
(6) The Health Care Financing Administration uses 23
different forms in the administration of the medicare program.
(7) In 1998, the average processing time for appeals of
claims denied under part A of the medicare program was 310 days
and the average appeal time was 524 days under part B of such
program.
SEC. 3. PATIENTS BEFORE PAPERWORK MEDICARE RED TAPE REDUCTION
COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Patients Before Paperwork Medicare Red Tape Reduction Commission
(in this section referred to as the ``Commission'').
(b) Duties of the Commission.--The Commission shall--
(1) review existing paperwork burdens and related
regulations under the medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.), with the goal of
reducing the paperwork burdens under such program;
(2) analyze whether existing and proposed paperwork
requirements and related regulations have proven benefits,
including a positive health benefit for medicare beneficiaries;
(3) make recommendations regarding methods to streamline
and to simplify the coding method for items and services for
which reimbursement is provided under the medicare program;
(4) make recommendations regarding the facilitation of
electronic filing of claims for reimbursement and the
elimination of paperwork under the medicare program;
(5) develop a standard form that will minimize any
duplication of data and that facilitates the creation of an
electronic system that relies on less paperwork than the
current system;
(6) determine the effect of the paperwork requirements
under the medicare program on relationships between doctors and
patients; and
(7) review and analyze such other matters relating to
paperwork reduction under the medicare program as the
Commission deems appropriate.
(c) Membership.--
(1) Number and appointment.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of 11 members, of whom--
(i) 3 shall be appointed by the President,
of whom not more than 2 shall be of the same
political party;
(ii) 3 shall be appointed by the Majority
Leader of the Senate, in consultation with the
Minority Leader of the Senate, of whom not more
than 2 shall be of the same political party;
(iii) 3 shall be appointed by the Speaker
of the House of Representatives, in
consultation with the Minority Leader of the
House of Representatives, of whom not more than
2 shall be of the same political party;
(iv) 1, who shall serve as Chairperson of
the Commission, appointed jointly by the
President, Majority Leader of the Senate, and
the Speaker of the House of Representatives;
and
(v) 1, who shall be the Secretary of Health
and Human Services or the Administrator of the
Health Care Financing Administration, as
determined by the President.
(B) Membership.--
(i) In general.--Each member appointed
under this paragraph, except for the member
described in subparagraph (A)(v), shall be--
(I) a health care provider,
insurer, or expert familiar with the
medicare program; or
(II) a medicare beneficiary.
(ii) Inclusion of practicing physicians.--
At least 1 member appointed under this
paragraph shall be a practicing physician.
(2) Deadline for appointment.--Members of the Commission
shall be appointed by not later than August 1, 2000.
(3) Terms of appointment.--The term of any appointment
under paragraph (1) to the Commission shall be for the life of
the Commission.
(4) Meetings.--The Commission shall meet at the call of its
Chairperson or a majority of its members.
(5) Quorum.--A quorum shall consist of a majority of the
members of the Commission, except that 3 members may conduct a
hearing under subsection (e)(1).
(6) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made
not later than 30 days after the Commission is given notice of
the vacancy and shall not affect the power of the remaining
members to execute the duties of the Commission.
(7) Compensation.--Members of the Commission shall receive
no additional pay, allowances, or benefits by reason of their
service on the Commission.
(8) Expenses.--Each member of the Commission shall receive
travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(d) Staff and Support Services.--
(1) Executive director.--
(A) Appointment.--The Chairperson shall appoint an
executive director of the Commission.
(B) Compensation.--The executive director shall be
paid the rate of basic pay for level V of the Executive
Schedule.
(2) Staff.--With the approval of the Commission, the
executive director may appoint such personnel as the executive
director considers appropriate.
(3) Applicability of civil service laws.--The staff of the
Commission shall be appointed without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and shall be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such title (relating to classification and General Schedule pay
rates).
(4) Experts and consultants.--With the approval of the
Commission, the executive director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Physical facilities.--The Administrator of General
Services shall locate suitable office space for the operation
of the Commission. The facilities shall serve as the
headquarters of the Commission and shall include all necessary
equipment and incidentals required for the proper functioning
of the Commission.
(e) Powers of Commission.--
(1) Hearings and other activities.--For the purpose of
carrying out its duties, the Commission may hold such hearings
and undertake such other activities as the Commission
determines to be necessary to carry out its duties.
(2) Studies by gao.--Upon the request of the Commission,
the Comptroller General of the United States shall conduct such
studies or investigations as the Commission determines to be
necessary to carry out its duties.
(3) Cost estimates by congressional budget office and
office of the chief actuary of hcfa.--
(A) The Director of the Congressional Budget Office
or the Chief Actuary of the Health Care Financing
Administration shall provide to the Commission, upon
the request of the Commission, such cost estimates as
the Commission determines to be necessary to carry out
its duties.
(B) The Commission shall reimburse the Director of
the Congressional Budget Office for expenses relating
to the employment in the office of the Director of such
additional staff as may be necessary for the Director
to comply with requests by the Commission under
subparagraph (A).
(4) Detail of federal employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to
detail, without reimbursement, any of the personnel of such
agency to the Commission to assist the Commission in carrying
out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the
Federal employee.
(5) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency shall provide such
technical assistance to the Commission as the Commission
determines to be necessary to carry out its duties.
(6) Use of mails.--The Commission may use the United States
mails in the same manner and under the same conditions as
Federal agencies and shall, for purposes of the frank, be
considered a commission of Congress as described in section
3215 of title 39, United States Code.
(7) Obtaining information.--The Commission may secure
directly from any Federal agency information necessary to
enable it to carry out its duties, if the information may be
disclosed under section 552 of title 5, United States Code.
Upon request of the Chairperson of the Commission, the head of
such agency shall furnish such information to the Commission.
(8) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
(9) Printing.--For purposes of costs relating to printing
and binding, including the cost of personnel detailed from the
Government Printing Office, the Commission shall be deemed to
be a committee of Congress.
(f) Report.--Not later than 1 year after the date on which the
final member of the Commission is appointed under subsection (c), the
Commission shall submit a report to the President and Congress which
shall contain a detailed statement of only those recommendations,
findings, and conclusions of the Commission that receive the approval
of at least a majority of the members of the Commission.
(g) Termination.--The Commission shall terminate 30 days after the
date of submission of the report required under subsection (f).
(h) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 to carry out this section.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4851)
Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S4851-4852)
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