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S. 2563 (is) To reduce temporarily the duty on Baytron C-R. [Introduced in Senate] ...


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108th CONGRESS
  2d Session
                                S. 2562

 To amend title XVIII of the Social Security Act to provide incentives 
 for the furnishing of quality care under Medicare Advantage plans and 
  by end stage renal disease providers and facilities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 22), 2004

  Mr. Baucus introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to provide incentives 
 for the furnishing of quality care under Medicare Advantage plans and 
  by end stage renal disease providers and facilities, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) In General.--This Act may be cited as the ``Medicare Quality 
Improvement Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare Advantage and reasonable cost reimbursement contract 
                            quality performance incentive payment 
                            program.
Sec. 4. Quality performance incentive payment program for providers and 
                            facilities that provide services to 
                            medicare beneficiaries with ESRD.
Sec. 5. Medicare innovative quality practice award program.
Sec. 6. Quality improvement demonstration program for pediatric renal 
                            dialysis facilities providing care to 
                            medicare beneficiaries with end stage renal 
                            disease.
Sec. 7. Medicare Quality Advisory Board.
Sec. 8. Studies and reports on financial incentives for quality items 
                            and services under the medicare program.
Sec. 9. MedPAC study and report on use of adjuster mechanisms under 
                            medicare quality performance incentive 
                            payment programs.
Sec. 10. Demonstration program on measuring the quality of health care 
                            furnished to pediatric patients under the 
                            medicaid and SCHIP programs.
Sec. 11. Provisions relating to medicaid quality improvements.
Sec. 12. Demonstration program for Medical Smart Cards. 

SEC. 2. FINDINGS.

    The Senate makes the following findings:
            (1) The Institute of Medicine has highlighted problems with 
        our health care system in the areas of quality and patient 
        safety.
            (2) The New England Journal of Medicine has published 
        research in an article entitled ``The Quality of Health Care 
        Delivered to Adults in the United States'' showing that adults 
        in the United States receive recommended health care only about 
        \1/2\ of the time.
            (3) Payment policies under the medicare program do not 
        include mechanisms designed to improve the quality of care.
            (4) The medicare program should reward health care 
        providers who show, through measurement and reporting of 
        quality indicators and through the practice of innovations, 
        that they are working to deliver high quality health care to 
        their patients.
            (5) Reimbursement for services provided under the original 
        medicare fee-for-service program under parts A and B of title 
        XVIII of the Social Security Act should be based on a pay-for-
        performance system.
            (6) A more aggressive research agenda on the development of 
        appropriate quality measurement and payment methodologies under 
        the medicare program is necessary.

SEC. 3. MEDICARE ADVANTAGE AND REASONABLE COST REIMBURSEMENT CONTRACT 
              QUALITY PERFORMANCE INCENTIVE PAYMENT PROGRAM.

    (a) Program.--Part C of title XVIII of the Social Security Act, as 
amended by section 241 of the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2214), is 
amended by adding at the end the following new section:

            ``quality performance incentive payment program

    ``Sec. 1860C-2. (a) Program.--
            ``(1) In general.--The Secretary shall establish a program 
        under which financial incentive payments are provided each year 
        to Medicare Advantage organizations offering Medicare Advantage 
        plans and organizations that are providing benefits under a 
        reasonable cost reimbursement contract under section 1876(h) 
        that demonstrate the provision of superior quality health care 
        to enrollees under the plan or contract.
            ``(2) Program to begin in 2007.--The Secretary shall 
        establish the program so that National Performance Quality 
        Payments (described in subsection (c)) and National Quality 
        Improvement Payments (described in subsection (d)) are made 
        with respect to 2007 and each subsequent year.
            ``(3) Requirement.--In order for an organization to be 
        eligible for a financial incentive payment under this section 
        with respect to a Medicare Advantage plan or a reasonable cost 
        reimbursement contract under section 1876(h), the organization 
        shall--
                    ``(A) provide for the collection, analysis, and 
                reporting of data pursuant to sections 1852(e)(3) and 
                1876(h)(8), respectively, with respect to the plan or 
                contract; and
                    ``(B) not later than a date specified by the 
                Secretary during each baseline year (as defined in 
                subsection (d)(4)), submit such data on the quality 
                measures described in subsection (e)(2) as the 
                Secretary determines appropriate for the purpose of 
                establishing a baseline with respect to the plan or 
                contract.
            ``(4) Use of most recent data.--Financial incentive 
        payments under this section shall be based upon the most recent 
        available quality data.
            ``(5) Timing of quality incentive payments.--The Secretary 
        shall ensure that financial incentive payments under this 
        section with respect to a year are made by March 1 of the 
        subsequent year.
            ``(6) Applicability of program to ma plans.--For purposes 
        of this section, the term `Medicare Advantage plan' shall--
                    ``(A) include both MA regional plans and MA local 
                plans; and
                    ``(B) not include an MA plan described in 
                subparagraph (A)(ii) or (B) of section 1851(a)(2).
    ``(b) Quality Incentive Payments.--
            ``(1) In general.--Beginning with 2007, the Secretary shall 
        allocate the total amount available for financial incentive 
        payments in the year under subsection (f) as follows:
                    ``(A) The per beneficiary payment amount for 
                National Performance Quality Payments established under 
                paragraph (2) shall be greater than the per beneficiary 
payment amount for National Quality Improvement Payments established 
under such paragraph.
                    ``(B) With respect to National Performance Quality 
                Payments, the per beneficiary payment amount 
                established under paragraph (2) shall be greatest for 
                the organizations offering the highest performing plans 
                or contracts.
                    ``(C) With respect to National Quality Improvement 
                Payments, the per beneficiary payment amount 
                established under paragraph (2) shall be greatest for 
                the organizations offering plans or contracts with the 
                highest degree of improvement.
            ``(2) Amount of quality incentive payment.--
                    ``(A) In general.--The amount of a financial 
                incentive payment under subsection (c) or (d) to a 
                Medicare Advantage organization with respect to a 
                Medicare Advantage plan or to an organization with 
                respect to a reasonable cost reimbursement contract 
                under section 1876(h) shall be determined by 
                multiplying the number of beneficiaries enrolled under 
                the plan or contract on the first day of the year for 
                which the payment is provided by a dollar amount 
                established by the Secretary (in this section referred 
                to as the `per beneficiary payment amount') that is the 
                same for all beneficiaries enrolled under the plan or 
                contract.
                    ``(B) Limitation on total amount of quality 
                incentive payments.--The total amount of all the 
                financial incentive payments given with respect to a 
                year shall be equal to the amount available for such 
                payments in the year under subsection (f).
            ``(3) Use of quality incentive payments.--Financial 
        incentive payments received under this section may only be used 
        for the following purposes:
                    ``(A) To reduce any beneficiary cost-sharing 
                applicable under the plan or contract.
                    ``(B) To reduce any beneficiary premiums applicable 
                under the plan or contract.
                    ``(C) To initiate, continue, or enhance health care 
                quality programs for enrollees under the plan or 
                contract.
                    ``(D) To improve the benefit package under the plan 
                or contract.
            ``(4) Reporting on use of quality incentive payments.--
        Beginning in 2008, each MA organization that receives a 
        financial incentive payment under this section shall report to 
        the Secretary pursuant to section 1854(a)(7) on how the 
        organization will use such payment.
            ``(5) Limitations on quality incentive payments.--
                    ``(A) Plan only eligible for 1 payment in a year.--
                A Medicare Advantage organization offering a Medicare 
                Advantage plan or an organization that is providing 
                benefits under a reasonable cost reimbursement contract 
                under section 1876(h) may not receive more than 1 
                financial incentive payment under this section in a 
                year with respect to such plan or contract. If an 
                organization with respect to the plan or contract is 
                eligible for a National Performance Quality Payment and 
                a National Quality Improvement Payment, the 
                organization shall be given the National Performance 
                Quality Payment.
                    ``(B) Plan must be available for entire year.--A 
                Medicare Advantage organization offering a Medicare 
                Advantage plan or an organization that is providing 
                benefits under a reasonable cost reimbursement contract 
                under section 1876(h) is not eligible for a financial 
                incentive payment under this section with respect to 
                such plan or contract unless the plan or contract 
                offers benefits throughout the year in which the 
                payment is provided.
    ``(c) National Performance Quality Payments.--The Secretary shall 
make National Performance Quality Payments to the Medicare Advantage 
organizations and organizations offering reasonable cost reimbursement 
contracts under section 1876(h) with respect to each Medicare Advantage 
plan or reasonable cost contract offered by the organization that 
receives ratings for the year in the top applicable percent of all 
plans and contracts rated by the Secretary pursuant to subsection (e) 
for the year. For purposes of the preceding sentence, the term 
`applicable percent' means a percent determined appropriate by the 
Secretary in consultation with the Quality Advisory Board, but in no 
case less than 20 percent.
    ``(d) National Quality Improvement Payments.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall make National Quality Improvement Payments to Medicare 
        Advantage organizations and organizations offering reasonable 
        cost reimbursement contracts under section 1876(h) with respect 
        to each Medicare Advantage plan or reasonable cost 
        reimbursement contract offered by the organization that 
        receives a rating under subsection (e) for the payment year 
        that exceeds the rating received under such subsection for the 
        plan or contract for the baseline year.
            ``(2) National improvement standard.--Beginning with 2009, 
        the Secretary may implement a national improvement standard 
        that Medicare Advantage plans and reasonable cost reimbursement 
        contracts must meet in order to receive a National Quality 
        Improvement Payment.
            ``(3) Application of thresholds.--In determining whether a 
        rating received under subsection (e) for the payment year 
        exceeds the rating received under such subsection for the 
        baseline year, the Secretary shall hold any applicable 
        thresholds constant. For purposes of the preceding sentence, 
        the term `threshold' means norms used to assess performance.
            ``(4) Baseline year defined.--In this subsection, the term 
        `baseline year' means the year prior to the payment year.
    ``(e) Rating Methodology.--
            ``(1) Scoring and ranking systems.--
                    ``(A) In general.--The Secretary shall develop 
                separate scoring and ranking systems for purposes of 
                determining which organizations offering Medicare 
                Advantage plans and reasonable cost reimbursement 
                contracts under section 1876(h) qualify for--
                            ``(i) National Performance Quality 
                        Payments; and
                            ``(ii) National Quality Improvement 
                        Payments.
                    ``(B) Requirements.--In developing, implementing, 
                and updating the scoring and ranking systems, the 
                Secretary shall--
                            ``(i) consult with the Quality Advisory 
                        Board established under section 1898;
                            ``(ii) take into account the report on 
                        health care performance measures submitted by 
                        the Institute of Medicine of the National 
                        Academy of Sciences under section 238 of the 
                        Medicare Prescription Drug, Improvement, and 
                        Modernization Act of 2003; and
                            ``(iii) take into account the Managed Care 
                        Organization (MCO) standards and guideline 
                        methodology of the National Committee for 
                        Quality Assurance for awarding total Health 
                        Plan Employer Data and Information Set (HEDIS) 
                        points (based on HEDIS and Consumer Assessment 
                        of Health Plans Survey (CAHPS) measures).
            ``(2) Measures.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                developing the scoring and ranking systems under 
                paragraph (1), the Secretary shall use all measures 
                determined appropriate by the Secretary. Such measures 
                may include--
                            ``(i) outcome measures for highly prevalent 
                        chronic conditions;
                            ``(ii) audited HEDIS outcomes and process 

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