,i #aacth ,,congress #ast ,session ,h4 ,r4 #ifb ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjac ,mrs4 ,davis of ,california 7for herself and ,mr4 ,vela7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 reduce the incidence of diabetes among ,medicare beneficiaries4 #a4 ,short title ,this ,act may be cited as the ,medicare ,diabetes ,prevention ,act of #bjac4 #b4 ,diabetes prevention under the ,medicare program 7a7 ,coverage of diabetes prevention program services 7#a7 ,coverage of services 7,a7 ,in general ,section #ahfa7s77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#b77 is amended-- 7i7 in subparagraph 7,,ee71 by striking and after the semicolon at the end2 7ii7 in subparagraph 7,,ff71 by inserting and after the semicolon at the end2 and 7iii7 by adding at the end the following new subparagraph3 7,,gg7 items and services furnished under a diabetes prevention program 7as defined in subsection 7iii77#a77 to an eligible diabetes prevention program individual 7as defined in subsection 7iii77#b772 4 7,b7 ,definitions ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended by adding at the end the following new subsection3 7iii7 ,diabetes prevention program2 eligible diabetes prevention program individual2 qualified diabetes prevention program provider 7#a7 7,a7 ,the term diabetes prevention program means a program that-- 7i7 meets the criteria described in subparagraph 7,b72 and 7ii7 is furnished by a qualified diabetes prevention program provider 7as defined in paragraph 7#c77;,a774 7,b7 ,the ,secretary shall establish the criteria for a diabetes prevention program4 ,such criteria shall be in accordance with the standards under the ,national ,diabetes ,prevention ,program1 as established by the ,centers for ,disease ,control and ,prevention1 and shall require that the program complies with the ,federal regulations 7concerning the privacy of individually identifiable health information7 promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif4 ,in establishing such criteria1 the ,secretary may also consider other factors or clinical evidence as the ,secretary determines appropriate4 7,c7 ,items and services furnished under a diabetes prevention program may be furnished in a community setting1 as defined by the ,secretary4 7,d7 ,the ,secretary shall establish procedures under which a qualified diabetes prevention program provider may contract with a diabetes prevention program delivery partner to furnish the items and services under a diabetes prevention program4 ,for purposes of this subsection1 the term diabetes prevention program delivery partner means an entity1 including non-profit organizations1 public and private hospitals1 ,state and local departments of public health1 and ,federally qualified health centers1 that meets criteria established by the ,secretary4 ,such criteria shall be in accordance with the standards under the ,national ,diabetes ,prevention ,program1 as established by the ,centers for ,disease ,control and ,prevention4 ,in establishing such criteria1 the ,secretary may also consider other factors or clinical evidence as the ,secretary determines appropriate4 7#b7 7,a7 ,the term eligible diabetes prevention program individual means an individual at risk for diabetes 7as defined in subsection 7yy77#b77 who would benefit from items and services under a diabetes prevention program1 as determined based on criteria established by the ,secretary4 7,b7 ,the criteria established under subparagraph 7,a7 shall be in accordance with the standards under the ,national ,diabetes ,prevention ,program1 as established by the ,centers for ,disease ,control and ,prevention4 ,in establishing such criteria1 the ,secretary may also consider other factors or clinical evidence as the ,secretary determines appropriate4 7#c7 7,a7 7i7 ,the term qualified diabetes prevention program provider means any entity1 including a ,federally qualified health center1 that the ,secretary determines-- 7,i7 is appropriate to furnish items and services under a diabetes prevention program2 and 7,,ii7 meets criteria established by the ,secretary1 in consultation with the ,centers for ,disease ,control and ,prevention4 7ii7 ,a qualified diabetes prevention program provider may be1 as determined appropriate by the ,secretary1 a supplier 7as defined in subsection 7d771 a provider of services 7as defined in subsection 7u771 a health insurance or services company1 a community-based organization1 or any other appropriate entity4 7,b7 ,a qualified diabetes prevention program provider shall-- 7i7 furnish the items and services under the diabetes prevention program through a delivery partner 7pursuant to paragraph 7#a77;,d77 unless no such delivery partner is available2 7ii7 manage and track the outcomes of a diabetes prevention program 7including attendance and weight loss of participating individuals7 through defined systems1 including outcomes of programs furnished under contract with a diabetes prevention program delivery partner as defined in paragraph 7#a77;,d72 7iii7 implement business processes to manage program workflow1 such as eligibility1 reporting1 claims billing1 class scheduling1 and enrollment2 7iv7 manage and verify billing accuracy and beneficiary eligibility 7as described in paragraph 7#b772 7v7 comply with applicable laws and regulations and ensure such compliance by a diabetes prevention program delivery partner2 7vi7 perform various forms of engagement with1 and outreach to1 eligible diabetes prevention program individuals1 including those participating in programs furnished under contract with a diabetes prevention program delivery partner2 7vii7 comply with all program integrity requirements as established by the ,secretary2 and 7viii7 perform such other functions as established by the ,secretary4 4 7#b7 ,amount of payment ,section #ahcc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77#a77 is amended-- 7,a7 by striking and 7,z7 and inserting 7,z72 and 7,b7 by inserting before the semicolon at the end the following3 1 and 7,,aa7 with respect to items and services furnished under a diabetes prevention program 7as defined in section #ahfa7;iii77#a771 the amount paid shall be #ajj percent of 7i7 except as provided in clause 7ii71 the lesser of the actual charge for the items and services or the amount determined under the fee schedule that applies to such items and services under this part1 as determined by the ,secretary1 and 7ii7 in the case of such items and services that are covered ,,opd services 7as defined in subsection 7t77#a77;,b771 the amount determined under subsection 7t74 7#c7 ,waiver of application of deductible ,the first sentence of section #ahcc7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7b77 is amended-- 7,a7 by striking and before 7#aj72 and 7,b7 by inserting before the period the following3 1 and 7#aa7 such deductible shall not apply with respect to items and services under a diabetes prevention program 7as defined in section #ahfa7;iii77#a774 7#d7 ,assignment of claims ,section #ahdb7;b77#ah77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieu7b77#ah77;,c77 is amended by adding at the end the following new clause3 7vii7 ,a qualified diabetes prevention program provider 7as defined in section #ahfa7;iii77#c77;,a774 4 7#e7 ,exclusion of items and services under a diabetes prevention program from skilled nursing facility prospective payment system ,section #ahhh7;e77#b77;,a77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieyy7e77#b77;,a77ii77 is amended by inserting items and services under a diabetes prevention program 7as defined in section #ahfa7;iii77#a771 after qualified psychologist services14 7#f7 ,inclusion in ,federally qualified health center services ,section #ahfa7;aa77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa77#c77 is amended-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the comma at the end and inserting 2 and2 and 7,c7 by adding after subparagraph 7,b7 the following new subparagraph3 7,c7 items and services under a diabetes prevention program 7as defined in section #ahfa7;iii77#a771 4 7#g7 ,special consideration for the dual eligible population ,in implementing the amendments made by this subsection1 the ,secretary of ,health and ,human ,services shall give special consideration to the needs of individuals who are dually eligible for benefits under the ,medicare and ,medicaid programs4 7#h7 ,evaluation and report to congress 7,a7 ,evaluation ,the ,secretary of ,health and ,human ,services shall conduct an evaluation on the coverage of items and services under a diabetes prevention program under the ,medicare program1 as added by the amendments made by this subsection4 ,such evaluation shall include an analysis of-- 7i7 the impact of the provision of such coverage on ,medicare beneficiaries1 including the impact on various populations1 such as individuals who are dually eligible for benefits under the ,medicare and ,medicaid programs1 and the impact of the provision of such coverage on health disparities2 7ii7 the rate at which physicians refer eligible diabetes prevention program individuals to diabetes prevention programs under the ,medicare program2 7iii7 ,medicare beneficiary participation levels in diabetes prevention programs under the ,medicare program and the awareness of ,medicare beneficiaries of the benefit2 7iv7 the health outcomes resulting from completion of a diabetes prevention program under the ,medicare program2 7v7 program integrity protections important to diabetes prevention programs under the ,medicare program2 and 7vi7 other areas determined appropriate by the ,secretary4 7,b7 ,report ,not later than ,january #a1 #bjai1 the ,secretary of ,health and ,human ,services shall submit to ,congress a report on the evaluation conducted under subparagraph 7,a71 together with recommendations for such legislation and administrative actions as the ,secretary determines appropriate4 7#i7 ,effective date ,the amendments made by paragraphs 7#a7 through 7#f7 shall apply with respect to services furnished on or after ,january #a1 #bjae4 7b7 ,inclusion of referral rates to diabetes prevention programs in the medicare physician quality reporting system ,section #ahdh7k77#b77;,c77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7k77#b77;,c77i77 is amended by adding at the end the following new sentence3 ,for purposes of reporting data on quality measures for covered professional services furnished during #bjah and each subsequent year1 the quality measures specified under this paragraph shall include a measure with respect to referrals of eligible diabetes prevention program individuals 7as defined in paragraph 7#b7 of section #ahfa7;iii77 to diabetes prevention programs 7as defined in paragraph 7#a7 of such section744 7c7 ,inclusion of diabetes risk assessment in medicare personalized prevention plan 7#a7 ,in general ,section #ahfa7;hhh77#b77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7hhh77#b77;,c77 is amended by inserting before the period at the end the following3 1 and an assessment of whether the individual is an individual at risk for diabetes 7as defined in subsection 7yy77#b774 7#b7 ,effective date ,the amendments made by this subsection shall apply to personalized prevention plans created or updated on or after ,january #a1 #bjae4 #c4 ,findings2 sense of the ,house of ,representatives regarding diabetes prevention under the ,medicaid program 7a7 ,findings ,congress makes the following findings3 7#a7 ,the prevalence and cost of diabetes is a significant concern for ,state ,medicaid programs4 ,by #bjba1 the ,medicaid program is expected to cover #ac1jjj1jjj people with diabetes and about #i1jjj1jjj people who may have pre-diabetes4 ,by #bjba1 ,states will spend an estimated #hc1jjj1jjj1jjj on individuals with diabetes or pre-diabetes4 7#b7 ,the ,national ,diabetes ,prevention ,program1 as established by the ,centers for ,disease ,control and ,prevention1 has been proven to reduce the onset of diabetes in at-risk adults by #eh percent1 using a cost-effective1 community-based intervention4 7b7 ,sense of the ,house of ,representatives ,it is the sense of the ,house of ,representatives that the ,national ,diabetes ,prevention ,program presents an opportunity for ,states to reduce the incidence of diabetes among individuals enrolled in their ,medicaid programs4