H.R. 5067 — Introduced in House

I 117th CONGRESS 1st Session H. R. 5067 IN THE HOUSE OF REPRESENTATIVES August 20, 2021Ms. Sewell (for herself, Mr. Upton, Mrs. Dingell, and Mr. Buchanan) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 clarify congressional intent and preserve patient access to home infusion therapy under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Preserving Patient Access to Home Infusion Act. 2. Preservation of patient access to home infusion therapy under Medicare program (a) Inclusion of pharmacy services Section 1861(iii)(2)(A) of the Social Security Act (42 U.S.C. 1395x(iii)(2)(A)) is amended by inserting and pharmacy services after nursing services. (b) Infusion drug administration calendar day Section 1834(u)(1)(A)(ii) of the Social Security Act (42 U.S.C. 1395m(u)(1)(A)(ii)) is amended by inserting after the first sentence the following new sentence: For purposes of the previous sentence, with respect to the furnishing of home infusion drugs to an individual by a qualified home infusion therapy supplier, a reference to payment to such supplier for an infusion drug administration calendar day in the home of such individual shall refer to payment for the date on which such a drug was administered to the individual (regardless of whether a qualified home infusion therapy supplier was physically present in the home of such individual on such date).. (c) Permitting nurse practitioners and physician assistants To establish and review a home infusion plan of care Section 1861(iii)(1)(B) of the Social Security Act (42 U.S.C. 1395x(iii)(1)(B)) is amended by striking physician (as defined in subsection (r)(1)) and is periodically reviewed by a physician and inserting physician (as defined in subsection (r)(1)) or a nurse practitioner or physician assistant (as those terms are defined in subsection (aa)(5)) and is periodically reviewed by a physician, nurse practitioner, or physician assistant. (d) Effective date The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2022.