,i #aafth ,,congress #b;d ,session ,h4 ,r4 #faei ,,in ,,the ,,house ,,of ,,representatives ,march #i1 #bjbj,ms4 ,schrier 7for herself1 ,ms4 ,castor of ,florida1 and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend title ,,xix of the ,social ,security ,act to renew the application of the ,medicare payment rate floor to primary care services furnished under the ,medicaid program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,kids' ,access to ,primary ,care ,act of #bjbj4 #b4 ,renewal of application of ,medicare payment rate floor to primary care services furnished under ,medicaid and inclusion of additional providers 7a7 ,renewal of payment floor2 additional providers 7#a7 ,in general ,section #aijb7;a77#ac7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#ac77 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 payment for primary care services 7as defined in subsection 7jj77 at a rate that is not less than #ajj percent of the payment rate that applies to such services and physician under part ,b of title ,,xviii 7or1 if greater1 the payment rate that would be applicable under such part if the conversion factor under section #ahdh7;d7 for the year involved were the conversion factor under such section for #bjji71 and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph1 and that are-- 7i7 furnished in #bjac and #bjad1 by a physician with a primary specialty designation of family medicine1 general internal medicine1 or pediatric medicine2 or 7ii7 furnished during the period beginning on the first day of the first month beginning after the date of the enactment of the ,kids' ,access to ,primary ,care ,act of #bjbj-- 7,i7 by a physician with a primary specialty designation of family medicine1 general internal medicine1 pediatric medicine1 or obstetrics and gynecology1 but only if the physician self-attests that the physician is board-certified in family medicine1 general internal medicine1 pediatric medicine1 or obstetrics and gynecology1 respectively2 7,,ii7 by a physician with a primary specialty designation of a family medicine subspecialty1 an internal medicine subspecialty1 a pediatric subspecialty1 or a subspecialty of obstetrics and gynecology1 without regard to the board that offers the designation for such a subspecialty1 but only if the physician self-attests that the physician is board-certified in such a subspecialty2 7,,iii7 by an advanced practice clinician1 as defined by the ,secretary1 that works under the supervision of-- 7aa7 a physician described in subclause 7,i7 or 7,,ii72 or 7bb7 a nurse practitioner or a physician assistant 7as such terms are defined in section #ahfa7;aa77#e77;,a77 who is working in accordance with ,state law1 or a certified nurse-midwife 7as defined in section #ahfa7;gg77#b77 who is working in accordance with ,state law2 7,,iv7 by a rural health clinic1 ,federally-qualified health center1 or other health clinic that receives reimbursement on a fee schedule applicable to a physician described in subclause 7,i7 or 7,,ii71 an advanced practice clinician described in subclause 7,,iii71 or a nurse practitioner1 physician assistant1 or certified nurse-midwife described in subclause 7,,iii77bb71 for services furnished by-- 7aa7 such a physician1 nurse practitioner1 physician assistant1 or certified nurse-midwife1 respectively2 or 7bb7 an advanced practice clinician supervised by such a physician1 nurse practitioner1 physician assistant1 or certified nurse-midwife2 or 7,v7 by a nurse practitioner1 physician assistant1 or certified nurse-midwife described in subclause 7,,iii77bb71 in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner1 physician assistant1 or certified nurse-midwife is paid is not less than the amount that the nurse practitioner1 physician assistant1 or certified nurse-midwife would be paid if the services were provided under part ,b of title ,,xviii2 4 7#b7 ,conforming amendments ,section #aije7;dd7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7dd77 is amended-- 7,a7 by striking ,notwithstanding and inserting the following3 7#a7 ,in general ,notwithstanding 2 7,b7 by inserting or furnished during the additional period specified in paragraph 7#b71 after #bjae12 and 7,c7 by adding at the end the following3 7#b7 ,additional period ,for purposes of paragraph 7#a71 the additional period specified in this paragraph is the period beginning on the first day of the first month beginning after the date of the enactment of the ,kids' ,access to ,primary ,care ,act of #bjbj4 4 7b7 ,improved targeting of primary care 7#a7 ,in general ,section #aijb7;jj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7jj77 is amended-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and moving the margin of each such subparagraph1 as so redesignated1 #b ems to the right2 7,b7 by striking ,for purposes of and inserting the following3 7#a7 ,in general ,for purposes of 2 and 7,c7 by adding at the end the following3 7#b7 ,exclusions ,such term does not include any services described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 if such services are provided in an emergency department of a hospital4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply with respect to primary care services provided on or after the first day of the period described in subparagraph 7,c77ii7 of section #aijb7;a77#ac7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#ac771 as amended by section #b4 7c7 ,ensuring payment by managed care entities 7#a7 ,in general ,section #aijc7m77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7m77#b77;,a77 is amended-- 7,a7 in clause 7xii71 by striking and after the semicolon2 7,b7 in clause 7xiii7-- 7i7 by moving the margin of such clause #b ems to the left2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after clause 7xiii7 the following3 7xiv7 such contract provides that 7,i7 payments to health care providers specified in section #aijb7;a77#ac77;,c7 for furnishing primary care services defined in section #aijb7;jj7 during a year or period specified in section #aijb7;a77#ac77;,c7 are at least equal to the amounts set forth and required by the ,secretary by regulation1 7,,ii7 the entity shall1 upon request1 provide documentation to the ,state that is sufficient to enable the ,state and the ,secretary to ensure compliance with subclause 7,i71 and 7,,iii7 the ,secretary shall approve payments described in subclause 7,i7 that are furnished through an agreed-upon capitation1 partial capitation1 or other value-based payment arrangement if the agreed-upon capitation1 partial capitation1 or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the ,state that is sufficient to enable the ,state and the ,secretary to ensure compliance with subclause 7,i74 4 7#b7 ,conforming amendment ,section #aicb7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#b7;f77 is amended by inserting and clause 7xiv7 of section #aijc7m77#b77;,a7 before the period4 7#c7 ,effective date ,the amendments made by this subsection shall apply with respect to contracts entered into on or after the date of the enactment of this ,act4 #c4 ,study 7a7 ,in general ,not later than the date that is one year and one month after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall conduct a study-- 7#a7 comparing the number of children enrolled in a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 7or a waiver of such plan7 during the #ab-month period preceding the first day of the period described in subparagraph 7,c77ii7 of section #aijb7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#ac771 as amended by section #b1 to the number of children so enrolled during the #ab-month period beginning on such first day2 7#b7 comparing the number of health care providers receiving payments for primary care services under the ,medicaid program under such title during the #ab-month period preceding the first day of the period described in subparagraph 7,c77ii7 of section #aijb7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#ac771 as amended by section #b1 to the number of health care providers receiving such payments during the #ab-month period beginning on such first day2 and 7#c7 comparing health care provider payment rates for primary care services under the ,medicaid program under such title during the #ab-month period beginning on the first day of the period described in subparagraph 7,c77ii7 of section #aijb7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#ac771 as amended by section #b1 across ,states1 using the indexes described in subsection 7b74 7b7 ,indexes described ,the indexes described in this subsection are each of the following3 7#a7 ,a ,medicaid fee index1 comparing each ,state's average fee for primary care services under the ,medicaid program under such title to the national average for such services4 7#b7 ,a ,medicaid-to-,medicare fee index1 comparing each ,state's average fee for primary care services under the ,medicaid program under such title to the fee for such services under the ,medicare program under title ,,xviii of such ,act 7#db ,u4,s4,c4 #acie et seq474 7#c7 ,a ,medicaid fee change index1 comparing fees for primary care services under the ,medicaid program under such title during the #ab-month period preceding the first day of the period described in subparagraph 7,c77ii7 of section #aijb7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#ac771 as amended by section #b1 to the fees for such services during the #ab-month period beginning on such first day4 7c7 ,authorization of appropriations ,for purposes of this section1 there is authorized to be appropriated #bjj1jjj for fiscal year #bjba1 to be available until expended4 #d4 ,sense of ,congress regarding use of ,bright ,futures guidelines ,it is the sense of ,congress that health care providers should provide early and periodic screening1 diagnostic1 and treatment services 7as defined in section #aije7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7r77 in accordance with the guidelines of the ,american ,academy of ,pediatrics entitled1 ,bright ,futures3 ,guidelines for ,health ,supervision of ,infants1 ,children1 and ,adolescents4