,,ii #aaeth ,,congress #ast ,session ,s4 #ahij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjag ,mr4 ,cardin 7for himself1 ,mr4 ,blunt1 and ,mr4 ,nelson7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to improve the understanding of1 and promote access to treatment for1 chronic kidney disease1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,chronic ,kidney ,disease ,improvement in ,research and ,treatment ,act of #bjag4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,,title ,i--,improving patient lives and quality of care through research and innovation ,sec4 #aja4 ,improving patient lives and quality of care through research and innovation4 ,sec4 #ajb4 ,enhancing care through new technologies4 ,sec4 #ajc4 ,understanding current utilization of palliative care services4 ,sec4 #ajd4 ,understanding the progression of kidney disease and treatment of kidney failure in minority populations4 ,,title ,,ii--,empower patient decision making and choice ,sec4 #bja4 ,providing individuals with kidney failure access to managed care4 ,sec4 #bjb4 ,medigap coverage for beneficiaries with end-stage renal disease4 ,sec4 #bjc4 ,promoting access to home dialysis treatments4 ,,title ,,iii--,improving patient care and ensuring quality outcomes ,sec4 #cja4 ,maintain an economically stable dialysis infrastructure4 ,sec4 #cjb4 ,improve patient decision making and transparency by consolidating and modernizing quality programs4 ,sec4 #cjc4 ,increasing access to ,medicare kidney disease education benefit4 ,sec4 #cjd4 ,certification of new facilities4 ,sec4 #cje4 ,improving access in underserved areas4 ,i ,improving patient lives and quality of care through research and innovation #aja4 ,improving patient lives and quality of care through research and innovation 7a7 ,study ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall conduct a study on increasing kidney transplantation rates4 ,such study shall include an analysis of each of the following3 7#a7 ,any disincentives in the payment systems under the ,medicare program under title ,,xviii of the ,social ,security ,act that create barriers to kidney transplants and post-transplant care for beneficiaries with end-stage renal disease4 7#b7 ,the practices used by ,states with higher than average donation rates and whether those practices and policies could be successfully utilized in other ,states4 7#c7 ,practices and policies that could increase deceased donation rates of minority populations4 7#d7 ,whether cultural and policy barriers exist to increasing living donation rates1 including an examination of how to better facilitate chained donations4 7#e7 ,other areas determined appropriate by the ,secretary4 7b7 ,report ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the study conducted under subsection 7a71 together with such recommendations as the ,secretary determines to be appropriate4 #ajb4 ,enhancing care through new technologies 7a7 ,agreement with ,national ,academy of ,sciences ,the ,secretary of ,health and ,human ,services shall seek to enter into an agreement with the ,national ,academy of ,sciences within six months of the date of the enactment of this ,act under which the ,national ,academy of ,sciences will conduct a study on the design of payments for renal dialysis services under the ,medicare program under title ,,xviii of the ,social ,security ,act1 including an analysis of whether adjustments to such payments are needed to allow for the incorporation of new technologies and therapies4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,national ,academy of ,sciences shall evaluate the current payment system for renal dialysis services under the ,medicare program1 identify barriers to adopting innovative items1 services1 and therapies1 and make recommendations as to how to eliminate such barriers4 #ajc4 ,understanding current utilization of palliative care services 7a7 ,study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states 7in this section referred to as the ,comptroller ,general7 shall conduct a study on the utilization of palliative care in treating individuals with advanced kidney disease1 from stage #d through stage #e1 including individuals with kidney failure on dialysis through any progression of the disease4 ,such study shall include an analysis of-- 7,a7 how palliative care can be utilized to improve the quality of life of those with kidney disease and facilitate care tailored to their individual goals and values2 7,b7 the successful use of palliative care in the care of patients with other chronic diseases and serious illnesses2 7,c7 the utilization of palliative care at any point in an illness1 including when used at the same time as curative treatment2 and 7,d7 other areas determined appropriate by the ,comptroller ,general4 7#b7 ,definition of palliative care ,in this section1 the term palliative care means patient and family centered care that optimizes quality of life by anticipating1 preventing1 and treating suffering4 ,such term includes care that is furnished throughout the continuum of the illness that addresses physical1 intellectual1 emotional1 social1 and spiritual needs and that facilitates patient autonomy1 access to information and choice4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,congress a report on the study conducted under subsection 7a71 together with such recommendations as the ,comptroller ,general determines to be appropriate4 #ajd4 ,understanding the progression of kidney disease and treatment of kidney failure in minority populations 7a7 ,study ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall conduct a study on-- 7#a7 the social1 behavioral1 and biological factors leading to kidney disease2 7#b7 efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by such disease2 and 7#c7 treatment patterns associated with providing care1 under the ,medicare program under title ,,xviii of the ,social ,security ,act1 the ,medicaid program under title ,,xix of such ,act1 and through private health insurance1 to minority populations that are disproportionately affected by kidney failure4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the study conducted under subsection 7a71 together with such recommendations as the ,secretary determines to be appropriate4 ,,ii ,empower patient decision making and choice #bja4 ,providing individuals with kidney failure access to managed care 7a7 ,permanent extension of ,medicare ,advantage ,,esrd special needs plans authority ,section #ahei7;f77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bh7;f77#a77 is amended by inserting 1 in the case of a specialized ,,ma plan for special needs individuals who have not been determined to have end stage renal disease1 before for periods before ,january #a1 #bjai4 7b7 ,accelerated access to ,medicare ,advantage ,section #agjjf7;a77#c7 of the #bast ,century ,cures ,act 7,public ,law #aad-bee7 is amended by striking #bjba and inserting #bjbj4 7c7 ,accelerated ,med,p,a,c risk adjustment report ,section #agjjf7;f77#b77;,a77i77,,ii7 of the #bast ,century ,cures ,act 7,public ,law #aad-bee7 is amended by striking #bjbj and inserting #bjai4 #bjb4 ,medigap coverage for beneficiaries with end-stage renal disease 7a7 ,guaranteed availability of medigap policies to all ,,esrd medicare beneficiaries 7#a7 ,in general ,section #ahhb7s7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciess7s77 is amended-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking is #fe and inserting the following3 is-- 7i7 #fe years of age or older and is enrolled for benefits under part ,b2 or 7ii7 is entitled to benefits under #bbf;,a7b7 and is enrolled for benefits under part ,b4 2 and 7ii7 in subparagraph 7,d71 in the matter preceding clause 7i71 by inserting 7or is entitled to benefits under #bbf;,a7b77 after is #fe years of age or older2 and 7,b7 in paragraph 7#c77;,b7-- 7i7 in clause 7ii71 by inserting 7or is entitled to benefits under #bbf;,a7b77 after is #fe years of age or older2 and 7ii7 in clause 7vi71 by inserting 7or under #bbf;,a7b77 after at age #fe4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply to ,medicare supplemental policies effective on or after ,january #a1 #bjbj4 7b7 ,additional enrollment period for certain individuals 7#a7 ,one-time enrollment period 7,a7 ,in general ,in the case of an individual described in subparagraph 7,b71 the ,secretary of ,health and ,human ,services shall establish a one-time enrollment period during which such an individual may enroll in any ,medicare supplemental policy under section #ahhb of the ,social ,security ,act 7#db ,u4,s4,c4 #aciess7 of the individual's choosing4 7,b7 ,enrollment period ,the enrollment period established under subparagraph 7,a7 shall begin on ,january #a1 #bjbj1 and shall end ,june #cj1 #bjbj4 7#b7 ,individual described ,an individual described in this paragraph is an individual who-- 7,a7 is entitled to hospital insurance benefits under part ,a of title ,,xviii of the ,social ,security ,act under section #bbf;,a7b7 of such ,act 7#db ,u4,s4,c4 #dbf-a72 7,b7 is enrolled for benefits under part ,b of such title ,,xviii2 and 7,c7 would not1 but for the provisions of1 and amendments made by1 subsection 7a7 be eligible for the guaranteed issue of a ,medicare supplemental policy under paragraph 7#b7 or 7#c7 of section #ahhb7s7 of such ,act 7#db ,u4,s4,c4 #aciess7s774 #bjc4 ,promoting access to home dialysis treatments 7a7 ,in general ,section #ahha7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7b77#c77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7#b7 in clause 7ii71 as redesignated by subparagraph 7,a71 by striking on a comprehensive and inserting subject to subparagraph 7,b71 on a comprehensive2 7#c7 by striking ,with respect to and inserting 7,a7 ,with respect to2 and 7#d7 by adding at the end the following new subparagraph3 7,b7 ,for purposes of subparagraph 7,a77ii71 an individual determined to have end-stage renal disease receiving home dialysis may choose to receive the monthly end-stage renal disease-related visits furnished on or after ,january #a1 #bjah1 via telehealth if the individual receives a face-to-face visit1 without the use of telehealth1 at least once every three consecutive months4 4 7b7 ,originating site requirements 7#a7 ,in general ,section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7,a7 in paragraph 7#d77;,c77ii71 by adding at the end the following new subclauses3 7,,ix7 ,a renal dialysis facility1 but only for purposes of section #ahha7;b77#c77;,b74 7,x7 ,the home of an individual1 but only for purposes of section #ahha7;b77#c77;,b74 2 and 7,b7 by adding at the end the following new paragraph3 7#e7 ,treatment of home dialysis monthly ,,esrd-related visit ,the geographic requirements described in paragraph 7#d77;,c77i7 shall not apply with respect to telehealth services furnished on or after ,january #a1 #bjah1 for purposes of section #ahha7;b77#c77;,b71 at an originating site described in subclause 7,,vi71 7,,ix71 or 7,x7 of paragraph 7#d77;,c77ii74 4 7#b7 ,no facility fee if originating site for home dialysis therapy is the home ,section #ahcd7m77#b77;,b7 of the ,social ,security 7#db ,u4,s4,c4 #aciem7m77#b77;,b77 is amended-- 7,a7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 and indenting appropriately2 7,b7 in subclause 7,,ii71 as redesignated by subparagraph 7,a71 by striking clause 7i7 or this clause and inserting subclause 7,i7 or this subclause2 7,c7 by striking site4--,with respect to and inserting site4-- 7i7 ,in general ,subject to clause 7ii71 with respect to 2 and 7,d7 by adding at the end the following new clause3 7ii7 ,no facility fee if originating site for home dialysis therapy is the home ,no facility fee shall be paid under this subparagraph to an originating site described in paragraph 7#d77;,c77ii77,x74 4 7c7 ,conforming amendment ,section #ahha7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7b77#a77 is amended by striking paragraph 7#c77;,a7 and inserting paragraph 7#c77;,a77i74 7d7 ,exclusion from remuneration for purposes of applying civil monetary penalties 7#a7 ,in general ,section #aabh;,a7i77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;a7i77#f77 is amended-- 7,a7 in subparagraph 7,h77iv71 by striking 2 or at the end2 7,b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,j7 the provision of telehealth or remote patient monitoring technologies to individuals under title ,,xviii by a health care provider for the purpose of furnishing telehealth or remote patient monitoring services4 4 7#b7 ,effective date ,the amendments made by this subsection shall apply to services furnished on or after the date of the enactment of this ,act4 ,,iii ,improving patient care and ensuring quality outcomes #cja4 ,maintain an economically stable dialysis infrastructure 7a7 ,in general ,section #ahha7;b77#ad7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7b77#ad77 is amended-- 7#a7 in subparagraph 7,d71 in the matter preceding clause 7i71 by striking ,such system and inserting ,subject to subparagraph 7,j71 such system2 and 7#b7 by adding at the end the following new subparagraph3 7,j7 ,for payment for renal dialysis services furnished on or after ,january #a1 #bjah1 under the system under this paragraph-- 7i7 the payment adjustment described in clause 7i7 of subparagraph 7,d7-- 7,i7 shall not take into account comorbidities2 and 7,,ii7 shall only take into account age for purposes of distinguishing between individuals who are under #ah years of age and those who are #ah years of age and older but shall not include any other adjustment for age2 7ii7 the ,secretary shall reassess any adjustments related to patient weight under such clause2 7iii7 the payment adjustment described in clause 7ii7 of such subparagraph shall not be included2 7iv7 the standardization factor described in the final rule published in the ,federal ,register on ,november #h1 #bjab 7#gg ,fed4 ,reg4 #fgdgj71 shall be established using the most currently available data 7and not historical data7 and adjusted on an annual basis1 based on such available data1 to account for any change in utilization of drugs and any modification in adjustors applied under this paragraph2 and 7v7 take into account reasonable costs for determining the payment rate consistent with paragraph 7#b77;,b74 4 7b7 ,inclusion of network fee as an allowable cost ,section #ahha7;b77#ad7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7b77#ad771 as amended by subsection 7a71 is amended by adding at the end the following new subparagraph3 7,k7 ,not later than ,january #a1 #bjah1 the ,secretary shall amend the ,,esrd facility cost report to include the per treatment network fee 7as described in paragraph 7#g77 as an allowable cost or offset to revenue4 4 #cjb4 ,improve patient decision making and transparency by consolidating and modernizing quality programs 7a7 ,measures ,section #ahha7;h77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7h77#b77 is amended by adding at the end the following new subparagraphs3 7,f7 ,weighting limitation ,no single measure specified by the ,secretary or individual measure within a composite measure so specified may be weighted less than #aj percent of the total performance score4 7,g7 ,statistically valid and reliable ,in specifying measures under subparagraph 7,a71 the ,secretary shall only specify measures that have been shown to be statistically valid and reliable through testing4 4 7b7 ,endorsement ,section #ahha7;h77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7h77#b77;,b77 is amended-- 7#a7 in clause 7ii71 by adding at the end the following new sentence3 ,the exception under the preceding sentence shall not apply to a measure that the entity with a contract under section #ahij7;a7 7or a similar entity7 considered but failed to endorse42 and 7#b7 by adding at the end the following new clause3 7iii7 ,composite measures ,clauses 7i7 and 7ii7 shall apply to composite measures in the same manner as such clauses apply to individual measures4 4 7c7 ,requirements for dialysis facility compare star rating program ,section #ahha7;h77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7h77#f77 is amended by adding at the end the following new subparagraph3 7,e7 ,requirements for any dialysis facility compare star rating program ,to the extent that the ,secretary maintains a dialysis facility compare star rating program1 under such a program the ,secretary-- 7i7 shall assign stars using the same methodology and total performance score results from the quality incentive program under this subsection2 7ii7 shall determine the stars using the same methodology used under such quality incentive program2 and 7iii7 shall not use a forced bell curve when determining the stars or rebaselining the stars4 4 7d7 ,hospitals required ,to provide information ,section #ahha of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7 is amended by adding at the end the following new subsection3 7i7 ,hospitals required ,to provide information 7#a7 ,in general ,the ,secretary shall establish a process under which a hospital or a critical access hospital shall provide a renal dialysis facility with health and treatment information with respect to an individual who is discharged from the hospital or critical access hospital and who subsequently receives treatment at facility4 7#b7 ,elements ,under the process established under paragraph 7#a7-- 7,a7 the request for the health information may be initiated by the individual prior to discharge or upon request by the renal dialysis facility after the patient is discharged2 and 7,b7 the information must be provided to the facility within #g days of the request being made4 4 7e7 ,incentive payments ,section #ahha7;h77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7h77#a77 is amended by adding at the end the following new subparagraph3 7,d7 ,incentive payments 7i7 ,in general ,in the case of a provider of services or a renal dialysis facility that the ,secretary determines exceeds the attainment performance standards under paragraph 7#d7 with respect to a year1 the ,secretary may make a bonus payment to the provider or facility 7pursuant to a process established by the ,secretary74 7ii7 ,funding ,the total amount of bonus payments under clause 7i7 in a year shall be equal to the total amount of reduced payments in a year under subparagraph 7,a74 7iii7 ,no effect in subsequent years ,the provisions of subparagraph 7,c7 shall apply to a bonus payment under this subparagraph in the same manner subparagraph 7,c7 applies to a reduction under such subparagraph4 4 7f7 ,effective date ,the amendments made by this section shall apply to items and services furnished on or after ,january #a1 #bjai4 #cjc4 ,increasing access to ,medicare kidney disease education benefit 7a7 ,in general ,section #ahfa7;ggg7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7ggg77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by inserting or stage ,v after stage ,,iv2 and 7,b7 in subparagraph 7,b71 by inserting or of a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as defined in section #ahfa7;aa77#e77 assisting in the treatment of the individual's kidney condition after kidney condition2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking subparagraph 7,b72 and 7,b7 in subparagraph 7,a7-- 7i7 by striking 7,a7 after 7#b72 7ii7 by striking and at the end of clause 7i72 7iii7 by striking the period at the end of clause 7ii7 and inserting 2 and2 7iv7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7v7 by adding at the end the following3 7,c7 a renal dialysis facility subject to the requirements of section #ahha7;b77#a7 with personnel who-- 7i7 provide the services described in paragraph 7#a72 and 7ii7 is a physician 7as defined in subsection 7r77#a77 or a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as defined in subsection 7aa77#e774 4 7b7 ,payment to renal dialysis facilities ,section #ahha7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7b77 is amended by adding at the end the following new paragraph3 7#ae7 ,for purposes of paragraph 7#ad71 the single payment for renal dialysis services under such paragraph shall not take into account the amount of payment for kidney disease education services 7as defined in section #ahfa7;ggg774 ,instead1 payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section #ahdh4 4 7c7 ,effective date ,the amendments made by this section apply to kidney disease education services furnished on or after ,january #a1 #bjah4 #cjd4 ,certification of new facilities 7a7 ,certification 7#a7 ,in general ,section #ahfe7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;bb7a77#a77 is amended by striking or the conditions and requirements under section #ahha7;b74 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date of enactment of this ,act and apply to a finding made on or after such date4 7b7 ,timing for acceptance of requests from accreditation organizations ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall accept a completed application from any national accreditation body for providers and facilities that provide services under #ahha7;b71 in accordance with section #ahfe7c77;,a774 ,any application received pursuant to the preceding sentence shall be deemed approved unless the ,secretary1 within #ij days after the date of the submission of the application to the ,secretary1 either denies such request in writing or informs the applicant in writing with respect to any additional information that is needed in order to make a final determination with respect to the application4 ,if the ,secretary requests additional information pursuant to the preceding sentence and the applicant submits such information1 the application shall be deemed approved unless the ,secretary1 within #ij days of the date of receiving such information1 denies such request4 #cje4 ,improving access in underserved areas 7a7 ,definition of primary care services ,section #cca7;a77#c77;,d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;d7a77#c77;,d77 is amended by inserting and includes renal dialysis services before the period at the end4 7b7 ,national health service corps scholarship program ,section #cch;,a7a77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bedl7a77#b77 is amended by inserting 1 including nephrology health professionals before the period at the end4 7c7 ,national health service corps loan repayment program ,section #cch;,b7a77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bedl-#a7;a77#b77 is amended by inserting 1 including nephrology health professionals before the period at the end4