H.R. 4954 - Medicare Modernization and Prescription Drug Act of 2002

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 9 to 4, on the Legislative Day of Wednesday, June 26, 2002 (Calendar Day of Thursday, June 27, 2002).
FLOOR ACTION: ADOPTED BY RECORD VOTE OF 218-213, on Thursday, June 27, 2002.
MANAGERS: LINDER/SLAUGHTER
107th Congress
2nd Session

H.R. 4954 - Medicare Modernization and Prescription Drug Act of 2002

1. Closed rule.

2. Provides two hours of debate in the House, with one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means and one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce.

3. Waives all points of order against consideration of the bill except those arising under section 302(f) of the Congressional Budget Act of 1974.

4. Provides that in lieu of the amendment recommended by the Committee on Ways and Means, the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.

5. Waives all points of order against the bill as amended.

6. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order without intervention of any point of order (except those arising under section 302(f) of the Congressional Budget Act of 1974) to consider in the House the bill (H.R. 4954) to amend title XVIII of the Social Security Act to provide for a voluntary program for prescription drug coverage under the Medicare Program, to modernize and reform payments and the regulatory structure of the Medicare Program, and for other purposes. The bill shall be considered as read for amendment. In lieu of the amendment recommended by the Committee on Ways and Means, the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. All points of order against the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) two hours of debate on the bill, as amended, with one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means and one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce; and (2) one motion to recommit with or without instructions.


TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Johnson/Bilirakis - Amendment in the nature of a substitute. The amendment makes the following changes to H.R. 4954 as reported from the Committee on Ways and Means:
Title I
1) Addition of $3 billion Transitional Low Income Assistance Program
2) Applied the patient confidentiality rule to the prescription drug card sponsors
3) Lowers catastrophic threshold from $3,800 to $3,700
4) Increase premium subsidy from 65% to 67%
5) Clarifies that family members contributions may count towards individual??s catastrophic benefit threshold
6) Clarification of how prescription drug premiums are established
7) Clarification that information requirements apply to prospective enrollees as well as current enrollees
8) Clarification that community rating requirements mean that plans may not vary or increase premiums
9) Clarified that practicing pharmacists must be on the pharmaceutical and therapeutic committees
10) Added study on the impact of the prescription drug benefit

Title II
11) Deleted extension of municipal demonstration program
12) Changed announcement date of M+C rates for 2003 from 2 weeks to 4 weeks

Title III
13) Clarified the calculation of inpatient margins and non-teaching hospitals with respect to relief for certain non-teaching hospitals
14) Clarified that critical access hospitals may use more than 15 beds for acute care limit, subject to the 25 bed limit

Title IV
15) Clarified that recovery audit contractors must search for under and overpayments
16) Added study on improving hospital wage index

Title V
17) Added provision on physician fee schedule wage index revision related to GAO study and Secretary discretion
18) Clarified certain provisions in adult day care demonstration project
19) Added study related to inhalation drugs
20) Deleted acceleration of outpatient buy-down of beneficiary hospital coinsurace

Title VI
21) Deleted home health co-pay
22) Clarified home bound definition
23) Clarified that disease management demonstration must be consistent with Public Health Service Act
24) Added deadline of HHS issuance of report on prohibitions against discrimination by national origin with respect to health care services.

Title VII
25) Deleted provisions related to Public Health Service Act and Food and Drug and Cosmetic Act
26) Added $2 billion provision for Medicaid DSH
27) Added $600 million grant to pharmacists in Medicaid


TEXT OF AMENDMENT CONSIDERED AS ADOPTED (.pdf)