Library / Laws / 113th / hr / H.R. 1201 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1201
IN THE HOUSE OF REPRESENTATIVES
March 14, 2013
Mr. Schock (for
himself and Ms. Schwartz) introduced
the following bill; which was referred to the
Committee on Ways and
Means, and in addition to the
Committee on Energy and
Commerce, for a period to be subsequently 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
provide for the distribution of additional residency positions, and for other
purposes.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Training Tomorrow’s Doctors
Today Act.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Distribution of additional residency
positions.
Sec. 3. Additional rules relating to application of 3-year
rolling average for redistributed residency positions.
Sec. 4. Rules for determining full-time equivalent
residents.
Sec. 5. Treatment of hospitals with rotating
residents.
Sec. 6. Aggregation rules relating to applying limitation on
number of residents.
Sec. 7. Period of board eligibility for residents who change
programs.
Sec. 8. Medicare indirect medical education performance
adjustment.
Sec. 9. Increasing graduate medical education
transparency.
Sec. 10. GAO studies and reports.
2.
Distribution of
additional residency positions
(a)
DGME
Section
1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended—
(1) in paragraph
(4)(F)(i), by striking paragraphs (7) and (8) and inserting
paragraphs (7), (8), and (9);
(2) in paragraph
(4)(H)(i), by striking paragraphs (7) and (8) and inserting
paragraphs (7), (8), and (9);
(3) in paragraph
(7)(E), by inserting paragraph (9), after paragraph
(8),; and
(4) by adding at the
end the following new paragraph:
(9)
Distribution of
additional residency positions
(A)
Additional
residency positions
(i)
In
general
For each of fiscal years 2014 through 2018 (and
succeeding fiscal years if the Secretary determines that there are additional
residency positions available to distribute under clause (iv)(II)), the
Secretary shall, subject to clause (ii) and subparagraph (D), increase the
otherwise applicable resident limit for each qualifying hospital that submits a
timely application under this subparagraph by such number as the Secretary may
approve for portions of cost reporting periods occurring on or after July 1 of
the fiscal year of the increase.
(ii)
Number
available for distribution
For each such fiscal year, the Secretary
shall determine the total number of additional residency positions available
for distribution under clause (i) in accordance with the following:
(I)
Allocation to
hospitals already operating over resident limit
One-third of such
number shall be available for distribution only to hospitals described in
subparagraph (B).
(II)
Aggregate
limitation
Except as provided in clause (iv)(I), the aggregate
number of increases in the otherwise applicable resident limit under this
subparagraph shall be equal to 3,000 in each such year.
(iii)
Process for
distributing positions
(I)
Rounds of
applications
The Secretary shall initiate 5 separate rounds of
applications for an increase under clause (i), 1 round with respect to each of
fiscal years 2014 through 2018.
(II)
Number
available
In each of such rounds, the aggregate number of
positions available for distribution in the fiscal year under clause (ii) shall
be distributed, plus any additional positions available under clause
(iv).
(III)
Timing
The
Secretary shall notify hospitals of the number of positions distributed to the
hospital under this paragraph as a result of an increase in the otherwise
applicable resident limit by January 1 of the fiscal year of the increase. Such
increase shall be effective for portions of cost reporting periods beginning on
or after July 1 of that fiscal year.
(iv)
Positions not
distributed during the fiscal year
(I)
In
general
If the number of resident full-time equivalent positions
distributed under this paragraph in a fiscal year is less than the aggregate
number of positions available for distribution in the fiscal year (as described
in clause (ii), including after application of this subclause), the difference
between such number distributed and such number available for distribution
shall be added to the aggregate number of positions available for distribution
in the following fiscal year.
(II)
Exception if
positions not distributed by end of fiscal year 2018
If the
aggregate number of positions distributed under this paragraph during the
5-year period of fiscal years 2014 through 2018 is less than 15,000, the
Secretary shall, in accordance with the provisions of clause (ii) and
subparagraph (D) and the considerations and priority described in subparagraph
(C), conduct an application and distribution process in each subsequent fiscal
year until such time as the aggregate amount of positions distributed under
this paragraph is equal to 15,000.
(B)
Allocation of
distribution for positions to hospitals already operating over resident
limit
(i)
In
general
Subject to clauses (ii) and (iii), in the case of a
hospital in which the reference resident level of the hospital (as specified in
subparagraph (G)(iii)) is greater than the otherwise applicable resident limit,
the increase in the otherwise applicable resident limit under subparagraph (A)
for a fiscal year described in such subparagraph shall be an amount equal to
the product of the total number of additional residency positions available for
distribution under subparagraph (A)(ii)(I) for such fiscal year and the
quotient of—
(I) the number of
resident positions by which the reference resident level of the hospital
exceeds the otherwise applicable resident limit for the hospital; and
(II) the number of
resident positions by which the reference resident level of all such hospitals
with respect to which an application is approved under this paragraph exceeds
the otherwise applicable resident limit for such hospitals.
(ii)
Requirements
A
hospital described in clause (i)—
(I) is not eligible
for an increase in the otherwise applicable resident limit under this
subparagraph unless the amount by which the reference resident level of the
hospital exceeds the otherwise applicable resident limit is not less than 10
and the hospital trains at least 30 percent of the full-time equivalent
residents of the hospital in primary care and general surgery (as of the date
of enactment of this paragraph); and
(II) shall continue to
train at least 30 percent of the full-time equivalent residents of the hospital
in primary care and general surgery for the 5-year period beginning on such
date.
In the case
where the Secretary determines that a hospital described in clause (i) no
longer meets the requirement of subclause (II), the Secretary may reduce the
otherwise applicable resident limit of the hospital by the amount by which such
limit was increased under this subparagraph.
(iii)
Clarification
regarding eligibility for other additional residency
positions
Nothing in this subparagraph shall be construed as
preventing a hospital described in clause (i) from applying for and receiving
additional residency positions under this paragraph that are not reserved for
distribution under this subparagraph.
(C)
Distribution of
other positions
For purposes
of determining an increase in the otherwise applicable resident limit under
subparagraph (A) (other than such an increase described in subparagraph (B)),
the following shall apply:
(i)
Considerations
in distribution
In determining for which hospitals such an
increase is provided under subparagraph (A), the Secretary shall take into
account the demonstrated likelihood of the hospital filling the positions made
available under this paragraph within the first 5 cost reporting periods
beginning after the date the increase would be effective, as determined by the
Secretary.
(ii)
Priority for
certain hospitals
Subject to clause (iii), in determining for
which hospitals such an increase is provided, the Secretary shall distribute
the increase in the following priority order:
(I) First, to
hospitals with approved medical residency training programs affiliated with
medical schools that have at least 40 percent of graduates matched in primary
care residency program in the 5 years prior.
(II) Second, to hospitals in States with (aa)
new medical schools that received Candidate School status from the Liaison
Committee on Medical Education or that received Pre-Accreditation status from
the American Osteopathic Association Commission on Osteopathic College
Accreditation on or after January 1, 2000, and that have achieved or continue
to progress toward Full Accreditation status (as such term is defined by the
Liaison Committee on Medical Education) or toward Accreditation status (as such
term is defined by the American Osteopathic Association Commission on
Osteopathic College Accreditation), or (bb) additional locations and branch
campuses established on or after January 1, 2000, by medical schools with Full
Accreditation status (as such term is defined by the Liaison Committee on
Medical Education) or Accreditation status (as such term is defined by the
American Osteopathic Association Commission on Osteopathic College
Accreditation).
(III) Third, to
hospitals that are eligible for incentive payments under section 1886(n) or
1903(t) as of the date the hospital submits an application for such increase
under subparagraph (A).
(IV) Fourth, to all
other hospitals.
(iii)
Distribution
to hospitals in higher priority group prior to distribution in lower priority
groups
The Secretary may only distribute such an increase to a
lower priority group under clause (ii) if all qualifying hospitals in the
higher priority group or groups have received the maximum number of increases
under such subparagraph that the hospital is eligible for under this paragraph
for the fiscal year.
(iv)
Requirements
for use of additional positions
(I)
In
general
Subject to subclause (II), a hospital that receives such
an increase shall ensure, during the 5-year period beginning on the effective
date of such increase, that—
(aa) not less than 50
percent of the positions attributable to such increase that are used in a given
year during such 5-year period are used to train full-time equivalent residents
in a shortage specialty residency program (as defined in subparagraph (G)(v)),
as determined by the Secretary at the end of such 5-year period;
(bb) the total number
of full-time equivalent residents, excluding any additional positions
attributable to such increase, is not less than the average number of full-time
equivalent residents during the 3 most recent cost reporting periods ending on
or before the effective date of such increase; and
(cc) the ratio of
full-time equivalent residents in a shortage specialty residency program (as so
defined) is not less than the average ratio of full-time equivalent residents
in such a program during the 3 most recent cost reporting periods ending on or
before the effective date of such increase.
(II)
Redistribution
of positions if hospital no longer meets certain
requirements
With respect to each fiscal year described in
subparagraph (A), the Secretary shall determine whether or not a hospital
described in subclause (I) meets the requirements of such subclause. In the
case that the Secretary determines that such a hospital does not meet such
requirements, the Secretary shall—
(aa) reduce the
otherwise applicable resident limit of the hospital by the amount by which such
limit was increased under this paragraph; and
(bb) provide for the
distribution of positions attributable to such reduction in accordance with the
requirements of this paragraph.
(D)
Limitation
A hospital may not receive more than 75
full-time equivalent additional residency positions under this paragraph for
any fiscal year.
(E)
Application of
per resident amounts for primary care and nonprimary care
With
respect to additional residency positions in a hospital attributable to the
increase provided under this paragraph, the approved FTE per resident amounts
are deemed to be equal to the hospital per resident amounts for primary care
and nonprimary care computed under paragraph (2)(D) for that hospital.
(F)
Permitting
facilities to apply aggregation rules
The Secretary shall permit hospitals
receiving additional residency positions attributable to the increase provided
under this paragraph to, beginning in the fifth year after the effective date
of such increase, apply such positions to the limitation amount under paragraph
(4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the
same affiliated group.
(G)
Definitions
In
this paragraph:
(i)
Otherwise
applicable resident limit
The term otherwise applicable
resident limit means, with respect to a hospital, the limit otherwise
applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without regard to this paragraph but taking
into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B).
(ii)
Primary
care
The term primary care means family medicine,
general internal medicine, general pediatrics, geriatrics, preventive medicine,
obstetrics and gynecology, general surgery, and psychiatry.
(iii)
Reference
resident level
Except as
otherwise provided in subclause (II), the term reference resident
level means, with respect to a hospital, the resident level for the most
recent cost reporting period of the hospital ending on or before the date of
enactment of this paragraph, for which a cost report has been settled (or, if
not, submitted (subject to audit)), as determined by the Secretary.
(iv)
Resident
level
The term resident level has the meaning given
such term in paragraph (7)(C)(i).
(v)
Shortage
specialty residency program
The term shortage specialty
residency program means the following:
(I)
Prior to report
on shortage specialties
Prior
to the date on which the report is submitted under section 10(a) of the
Training Tomorrow’s Doctors Today Act, any approved residency training program
in a specialty identified in the report entitled The Physician Workforce:
Projections and Research into Current Issues Affecting Supply and
Demand, issued in December 2008 by the Health Resources and Services
Administration, as a specialty whose baseline physician requirements
projections exceed the projected supply of total active physicians for the
period of 2005 through 2020.
(II)
After report on
shortage specialities
On or after the date on which the report is
submitted under such section 5, any approved residency training program in a
physician specialty identified in such report as a specialty for which there is
a
shortage.
.
(b)
IME
Section
1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is
amended—
(1) in clause (v), in
the second sentence, by striking subsections (h)(7) and (h)(8)
and inserting subsections (h)(7), (h)(8), and (h)(9);
(2) by redesignating
clause (x), as added by section 5505(b) of the Patient Protection and
Affordable Care Act (Public Law 111–148), as clause (xi) and moving such clause
4 ems to the left; and
(3) by adding after
clause (xi), as redesignated by subparagraph (A), the following new
clause:
(xii) For discharges occurring on or after July
1, 2014, insofar as an additional payment amount under this subparagraph is
attributable to resident positions distributed to a hospital under subsection
(h)(9), the indirect teaching adjustment factor shall be computed in the same
manner as provided under clause (ii) with respect to such resident
positions.
.
3.
Additional rules
relating to application of 3-year rolling average for redistributed residency
positions
(a)
Elimination of
3-Year rolling average relating to redistributions after a hospital closes and
under PPACA redistributions
(1)
DGME
(A)
Redistribution
of residency slots after a hospital closes
(i)
In
general
Section 1886(h)(4)(H)(vi) of the Social Security Act (42
U.S.C. 1395ww(h)(4)(H)(vi)) is amended by adding at the end the following new
subclause:
(VI)
Three-year
rolling average inapplicable
In applying subparagraph (G), in the case
of additional residency positions in a hospital attributable to the increase in
the otherwise applicable resident limit provided under this paragraph pursuant
to this clause, the reference to the average of the actual full-time
equivalent resident counts for the cost reporting period and the preceding two
cost reporting periods shall be deemed to be a reference to the
actual full-time equivalent residents count for the cost reporting
period.
.
(ii)
Effective
date
The amendment made by clause (i) shall apply with respect to
hospitals with an approved medical residency program that closes on or after
March 23, 2008.
(B)
Distribution of
additional residency slots under PPACA
(i)
In
general
Section 1886(h)(8) of
the Social Security Act (42 U.S.C. 1395ww(h)(8)) is amended by adding at the
end the following new subparagraph:
(J)
Three-year
rolling average inapplicable
In applying paragraph (4)(G), in the case
of additional residency positions in a hospital attributable to the increase in
the otherwise applicable resident limit provided under this paragraph, the
reference to the average of the actual full-time equivalent resident
counts for the cost reporting period and the preceding two cost reporting
periods shall be deemed to be a reference to the actual full-time
equivalent residents count for the cost reporting
period.
.
(ii)
Effective
date
The amendment made by
clause (i) shall apply with respect to cost reporting periods occurring on or
after July 1, 2011.
(2)
3-year rolling
average and Intern and Resident Bed ratio cap inapplicable under IME
(A)
In
general
Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)), as amended by section 2(b), is further amended—
(i) in
subclause (I) of clause (xi), as redesignated by section 2(b)(2), by striking
The provisions and inserting Subject to clauses (xiii)
and (xiv); and
(ii) by
adding at the end the following new clauses:
(xiii) In the case of additional residency
positions in a hospital attributable to the increase in the otherwise
applicable resident limit provided under subsection (h)(4)(H)(vi) or (h)(8),
the provisions of clause (vi)(II) shall be applied be deeming the reference to
the average of the actual full-time equivalent resident count for the
cost reporting period and the preceding two cost reporting periods to be
a reference to the actual full-time equivalent resident count for the
cost reporting period.
(xiv) In the case of additional residency
positions in a hospital attributable to the increase in the otherwise
applicable resident limit provided under subsection (h)(4)(H)(vi) or (h)(8),
the ratio of the hospital’s full-time equivalent interns and residents to beds
shall be equal to the ratio for the hospital’s current cost reporting
period.
.
(B)
Effective
date
The amendments made by subparagraph (A) shall apply—
(i) to
the extent such amendments relate to section 1886(h)(4)(H)(vi) of the Social
Security Act, as if included in the enactment of section 5506 of the Patient
Protection and Affordable Care Act; and
(ii) to
the extent such amendments relate to section 1886(h)(8) of the Social Security
Act, as if included in the enactment of section 5503 of the Patient Protection
and Affordable Care Act.
(b)
Elimination of
3-Year Rolling Average and Intern and Resident Bed Ratio Cap beginning in
2013
(1)
DGME
Section 1886(h)(4)(G) of the Social
Security Act (42 U.S.C. 1395ww(h)(4)(G)) is amended—
(A) in clause (i), by
inserting and before December 31, 2012, after October 1,
1997,; and
(B) by adding at the
end the following new clause:
(iv)
Current year
count used to determine full-time equivalent resident count
For cost reporting periods beginning on or
after December 31, 2012, subject to the limit described in subparagraph (F),
the total number of full-time equivalent residents for determining a hospital’s
graduate medical education payment shall equal the actual full-time equivalent
residents count for the hospital’s cost reporting
period.
.
(2)
IME
Section
1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)), as
amended by subsection (b), is further amended by adding at the end the
following new clauses:
(xv) For cost reporting periods beginning on or
after December 31, 2012, subject to the limits described in clauses (iv) and
(v), the total number of full-time equivalent residents for payment purposes
shall equal the actual full-time equivalent resident count for the hospital’s
cost reporting period.
(xvi) For cost reporting periods beginning on or
after December 31, 2012, the ratio of the hospital’s full-time equivalent
interns and residents to beds shall be equal to the ratio for the hospital’s
cost reporting
period.
.
4.
Rules for
determining full-time equivalent residents
(a)
DGME
Section 1886(h)(4) of the Social Security
Act (42 U.S.C. 1395ww(h)(4)) is amended—
(1) in subparagraph
(E), by striking Subject to subparagraphs (J) and (K), such
rules and inserting Subject to subparagraphs (J), (K), and (L),
such rules;
(2) in subparagraph
(J), by striking Such rules and inserting Subject to
subparagraph (L), such rules
(3) in subparagraph
(K), by striking In determining and inserting Subject to
subparagraph (L), in determining; and
(4) by adding at the
end the following new subparagraph:
(L)
Treatment of
time spent in approved medical residency training program with respect to
certain hospitals
For
purposes of cost reporting periods beginning on or after July 1, 2014, in
determining the number of full-time equivalent residents of the hospital for
purposes of this paragraph, all the time spent by an intern or resident in an
approved medical residency training program, regardless of setting, shall be
counted toward the determination of full-time equivalency, and subparagraphs
(J) and (K) shall not apply, if the hospital—
(i) is
recognized as a subsection (d) hospital;
(ii) is recognized as
a subsection (d) Puerto Rico hospital;
(iii) is reimbursed
under a reimbursement system authorized under section 1814(b)(3); or
(iv) is a
provider-based hospital outpatient
department.
.
(b)
IME
The second clause (x) of section
1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is
amended—
(1) in subclause (II),
by striking In determining and inserting Subject to
subclause (x)(IV), in determining;
(2) in subclause
(III), by striking In determining and inserting Subject
to subclause (x)(IV), in determining; and
(3) by adding at the
end the following new subclause:
(IV) The provisions of subparagraph (L) of
subsection (h)(4) shall apply under this subparagraph in the same manner as
they apply under such
subsection.
.
5.
Treatment of
hospitals with rotating residents
Section 1886(h)(2)(F) of the Social Security
Act (42 U.S.C. 1395ww(h)(2)(F)) is amended by adding at the end the following
sentence: In applying this subparagraph for cost reporting periods
beginning on or after July 1, 2013, the Secretary shall not treat a cost
reporting period for which a hospital trains residents participating in a
program of another hospital as a period for which the hospital has an approved
medical residency training program..
6.
Aggregation rules
relating to applying limitation on number of residents
(a)
Required rules
To permit members of same affiliated group To elect To apply limitation on
aggregate level
Section
1886(h)(4)(H)(ii) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)(ii)) is
amended by striking may and inserting
shall.
(b)
Election for new
facilities
Such section is further amended by adding at the end
the following new sentence: Such rules shall provide that all facilities
established on or after January 1, 2000, whose resident limits are adjusted
according to this subparagraph on or after January 1, 1997, may elect to apply
the limitation under subparagraph (F) on an aggregate basis after a period
specified by the Secretary but that shall not exceed 5 years from the date of
such adjustment..
7.
Period of board
eligibility for residents who change programs
Section 1886(h)(5)(G) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(G)) is amended—
(1) in clause (i), by
striking (iv), and (v) and inserting (iv), (v), and
(vi); and
(2) by adding at the
end the following new clause:
(vi) In the case of a resident who changes
residency specialties, the period of board eligibility and the initial
residency period shall be equal to the minimum number of years of formal
training required to satisfy the requirements for the initial board eligibility
of the program into which the resident
transfers.
.
8.
Medicare indirect
medical education performance adjustment
Section 1886 of the Social Security Act (42
U.S.C. 1395ww) is amended—
(1) in subsection
(d)(5)(B), in the matter preceding clause (i), by inserting subject to
subsection (t) and before except as follows; and
(2) by adding at the
end the following new subsection:
(t)
Indirect medical
education performance adjustments
(1)
In
general
Subject to the succeeding provisions of this subsection,
the Secretary shall establish and implement procedures under which the amount
of payments that a hospital (as defined in paragraph (11)) would otherwise
receive for indirect medical education costs under subsection (d)(5)(B) for
discharges occurring during a fiscal year is adjusted based on the reporting of
measures and the performance of the hospital on measures of patient care
priorities specified by the Secretary.
(2)
Adjustments to
begin in fiscal year 2018
The adjustments shall apply to payments
for discharges occurring—
(A) with respect to
the adjustments for reporting under paragraph (8)(A), during fiscal year 2018;
and
(B) with respect to
the adjustments for performance under paragraph (8)(B), on or after October 1,
2018.
(3)
Measures
The
measures of patient care priorities specified by the Secretary under this
subsection shall include the extent of training provided in—
(A) the delivery of
services categorized as evaluation and management codes by the Centers for
Medicare & Medicaid Services;
(B) a variety of
settings and systems;
(C) the coordination
of patient care across settings;
(D) the relevant cost
and value of various diagnostic and treatment options;
(E) interprofessional
and multidisciplinary care teams;
(F) methods for
identifying system errors and implementing system solutions; and
(G) the use of health
information technology.
(4)
Measure
development process
(A)
In
general
The measures of patient care specified by the Secretary
under this subsection—
(i) shall—
(I) be measures that
have been adopted or endorsed by an accrediting organization (such as the
Accreditation Council for Graduate Medical Education or American Osteopathic
Association); and
(II) be measures that
the Secretary identifies as having used a consensus-based process for
developing such measures; and
(ii) may include
measures that have been submitted by teaching hospitals and medical
schools.
(B)
Proposed set of
initial measures
Not later than July 1, 2015, the Secretary shall
publish in the Federal Register a proposed initial set of measures for use
under this subsection. The Secretary shall provide for a period of public
comment on such measures.
(C)
Final set of
initial measures
Not later than January 1, 2016, the Secretary
shall publish in the Federal Register the set of initial measures to be
specified by the Secretary for use under this subsection.
(D)
Update of
measures
The Secretary may, through notice and comment
rulemaking, periodically update the measures specified under this subsection
pursuant to the requirements under subparagraph (A).
(5)
Performance
standards
The Secretary shall establish performance standards
with respect to measures specified by the Secretary under this subsection for a
performance period for a fiscal year (as established under paragraph
(6)).
(6)
Performance
period
The Secretary shall establish the performance period for a
fiscal year. Such performance period shall begin and end prior to the beginning
of such fiscal year.
(7)
Reporting of
measures
The procedures established and implemented under
paragraph (1) shall include a process under which hospitals shall submit data
on the measures specified by the Secretary under this subsection to the
Secretary in a form and manner, and at a time, specified by the Secretary for
purposes of this subsection.
(8)
Adjustments
(A)
Reporting for
fiscal year 2018
For fiscal year 2018, in the case of a hospital
that does not submit, to the Secretary in accordance with this subsection, data
required to be submitted under paragraph (7) for a period (determined
appropriate by the Secretary) for such fiscal year, the total amount that the
hospital would otherwise receive under subsection (d)(5)(B) for discharges in
such fiscal year shall be reduced by 0.5 percent.
(B)
Performance for
fiscal year 2019 and subsequent fiscal years
(i)
In
general
Subject to clause (ii), based on the performance of each
hospital with respect to compliance with the measures for a performance period
for a fiscal year (beginning with fiscal year 2019), the Secretary shall
determine the amount of any adjustment under this subparagraph to payments to
the hospital under subsection (d)(5)(B) for discharges in such fiscal year.
Such adjustment may not exceed an amount equal to 2 percent of the total amount
that the hospital would otherwise receive under such subsection for discharges
in such fiscal year.
(ii)
Budget
neutral
In making adjustments under this subparagraph, the
Secretary shall ensure that the total amount of payments made to all hospitals
under subsection (d)(5)(B) for discharges in a fiscal year is equal to the
total amount of payments that would have been made to such hospitals under such
subsection for discharges in such fiscal year if this subsection had not been
enacted.
(9)
No effect in
subsequent fiscal years
Any adjustment under subparagraph (A) or
(B) of paragraph (8) shall apply only with respect to the fiscal year involved,
and the Secretary shall not take into account any such adjustment in making
payments to a hospital under this section in a subsequent fiscal year.
(10)
Evaluation of
submission of performance measures
Not later than January 1,
2018, the Secretary shall submit to Congress a report on the implementation of
this subsection, including—
(A) the measure
development procedures, including any barriers to measure development;
(B) the compliance
with reporting on the performance measures, including any barriers to such
compliance; and
(C) recommendations to
address any barriers described in subparagraph (A) or (B).
(11)
Definition of
hospital
In this subsection, the term hospital means
a hospital that receives payments under subsection
(d)(5)(B).
.
9.
Increasing
graduate medical education transparency
(a)
In
general
Not later than 2 years after the date of the enactment of
this Act, and annually thereafter, the Secretary of Health and Human Services
shall submit to Congress and the National Health Care Workforce Commission a
report on the graduate medical education payments that hospitals receive under
the Medicare program. The report shall include the following information with
respect to each hospital that receives such payments:
(1) The direct
graduate medical education payments made to the hospital under section 1886(h)
of the Social Security Act (42 U.S.C. 1395ww(h)).
(2) The total costs of
direct graduate medical education to the hospital as reported on the annual
Medicare Cost Reports.
(3) The indirect
medical education payments made to the hospital under section 1886(d)(5)(B) of
such Act (42 U.S.C. 1395ww(d)(1)(B)).
(4) The number of
full-time-equivalent residents counted for purposes of making the payments
described in paragraph (1).
(5) The number of
full-time-equivalent residents counted for purposes of making the payments
described in paragraph (3).
(6) The number of
full-time-equivalent residents, if any, that are not counted for purposes of
making payments described in paragraph (1).
(7) The number of
full-time-equivalent residents, if any, that are not counted for purposes of
making payments described in paragraph (3).
(8) The factors
contributing to the higher costs of patient care provided by the hospital,
including—
(A) the costs of
trauma, burn, other standby services;
(B) translation
services for disabled or non-English speaking patients;
(C) the cost of
uncompensated care;
(D) financial losses
with respect to Medicaid patients; and
(E) uncompensated
costs of clinical research.
10.
GAO studies and
reports
(a)
On physician
workforce
(1)
Study
The
Comptroller General of the United States shall conduct a study on the physician
workforce. Such study shall include the identification of physician specialties
for which there is a shortage, as defined by the Comptroller General.
(2)
Report
Not later than January 1, 2015, the
Comptroller General shall submit to Congress a report on the study conducted
under subsection (a), together with recommendations for such legislation and
administrative action as the Comptroller General determines appropriate.
(b)
On strategies
for increasing diversity
(1)
Study
The
Comptroller General of the United States shall conduct a study on strategies
for increasing the diversity of the health professional workforce. Such study
shall include an analysis of strategies for increasing the number of health
professionals from rural, lower income, and under-represented minority
communities, including which strategies are most effective for achieving such
goal.
(2)
Report
Not
later than 2 years after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on the study conducted under
subsection (a), together with recommendations for such legislation and
administrative action as the Comptroller General determines appropriate.
(c)
On protecting
older adults
(1)
Study
The Comptroller General of the United
States shall conduct a study that addresses the competency of the physician
workforce to care for older adults upon the completion of such workforce’s
residency training.
(2)
Report
Not later than 2 years after the date of
the enactment of this Act, the Comptroller General shall submit to Congress a
report on such study, including such recommendations for legislation and
administrative action as the Comptroller General determines appropriate based
on such study.