Medicare Improvements for Patients and Providers Act of 2008


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

{{SECTION|SEC. 1.|SECTION 1}}. SHORT TITLE; TABLE OF CONTENTS.

 * (a) Short Title.—
 * This Act may be cited as the ``Medicare Improvements for Patients and Providers Act of 2008´´.


 * (b) Table of Contents.—
 * The table of contents of this Act is as follows:


 * Sec. 1. Short Title; Table of Contents.


 * TITLE I—MEDICARE
 * Subtitle A—Beneficiary Improvements
 * 
 * Sec. 101. Improvements to Coverage of Preventive Services.
 * Sec. 102. Elimination of Discriminatory Copayment Rates for Medicare Outpatient Psychiatric Services.
 * Sec. 103. Prohibitions and Limitations on Certain Sales and Marketing Activities Under Medicare Advantage Plans and Prescription Drug Plans.


 * Sec. 104. Improvements to the Medigap Program.


 * 
 * Sec. 111. Extension of Qualifying Individual (QI) Program.
 * Sec. 112. Application of Full LIS Subsidy Assets Test Under Medicare Savings Program.
 * Sec. 113. Eliminating Barriers to Enrollment.
 * Sec. 114. Elimination of Medicare PART D Late Enrollment Penalties Paid by Subsidy Eligible Individuals.
 * Sec. 115. Eliminating Application of Estate Recovery.
 * Sec. 116. Exemptions From Income and Resources for Determination of Eligibility for Low-Income Subsidy.
 * Sec. 117. Judicial Review of Decisions of the Commissioner of Social Security Under the Medicare PART D Low-Income Subsidy Program.


 * Sec. 118. Translation of Model Form.
 * Sec. 119. Medicare Enrollment Assistance.


 * Subtitle B—Provisions Relating to PART A
 * Sec. 121. Expansion and Extension of the Medicare Rural Hospital Flexibility Program.
 * Sec. 122. Rebasing for Sole Community Hospitals.
 * Sec. 123. Demonstration Project on Community Health Integration Models in Certain Rural Counties.
 * Sec. 124. Extension of the Reclassification of Certain Hospitals.
 * Sec. 125. Revocation of Unique Deeming Authority of the Joint Commission.


 * Subtitle C—Provisions Relating to PART B
 * 
 * Sec. 131. Physician Payment, Efficiency, and Quality Improvements.
 * Sec. 132. Incentives for Electronic Prescribing.
 * Sec. 133. Expanding Access to Primary Care Services.
 * Sec. 134. Extension of Floor on Medicare Work Geographic Adjustment Under the Medicare Physician Fee Schedule.
 * Sec. 135. Imaging Provisions.
 * Sec. 136. Extension of Treatment of Certain Physician Pathology Services Under Medicare.
 * Sec. 137. Accommodation of Physicians Ordered to Active Duty in the Armed Services.
 * Sec. 138. Adjustment for Medicare Mental Health Services.
 * Sec. 139. Improvements for Medicare Anesthesia Teaching Programs.


 * 
 * Sec. 141. Extension of Exceptions Process for Medicare Therapy Caps.
 * Sec. 142. Extension of Payment Rule for Brachytherapy and Therapeutic Radiopharmaceuticals.
 * Sec. 143. Speech-Language Pathology Services.
 * Sec. 144. Payment and Coverage Improvements for Patients with Chronic Obstructive Pulmonary Disease and Other Conditions.


 * Sec. 145. Clinical Laboratory Tests.
 * Sec. 146. Improved Access to Ambulance Services.
 * Sec. 147. Extension and Expansion of the Medicare Hold Harmless Provision Under the Prospective Payment System for Hospital Outpatient Department (HOPD) Services for Certain Hospitals.


 * Sec. 148. Clarification of Payment for Clinical Laboratory Tests Furnished by Critical Access Hospitals.
 * Sec. 149. Adding Certain Entities as Originating Sites for Payment of TeleHealth Services.
 * Sec. 150. MedPAC Study and Report on Improving Chronic Care Demonstration Programs.
 * Sec. 151. Increase of FQHC Payment Limits.
 * Sec. 152. Kidney Disease Education and Awareness Provisions.
 * Sec. 153. Renal Dialysis Provisions.
 * Sec. 154. Delay In and Reform of Medicare DMEPOS Competitive Acquisition Program.


 * Subtitle D—Provisions Relating to PART C
 * Sec. 161. Phase-Out of Indirect Medical Education (IME).
 * Sec. 162. Revisions to Requirements for Medicare Advantage Private Fee-for-Service Plans.
 * Sec. 163. Revisions to Quality Improvement Programs.
 * Sec. 164. Revisions Relating to Specialized Medicare Advantage plans for special needs individuals.
 * Sec. 165. Limitation on out-of-pocket costs for dual eligibles and qualified Medicare Beneficiaries Enrolled in a Specialized Medicare Advantage Plan for Special Needs Individuals.


 * Sec. 166. Adjustment to the Medicare Advantage Stabilization Fund.
 * Sec. 167. Access to Medicare Reasonable Cost Contract Plans.
 * Sec. 168. MedPAC Study and Report on Quality Measures.
 * Sec. 169. MedPAC Study and Report on Medicare Advantage Payments.


 * Subtitle E—Provisions Relating to PART D
 * 
 * Sec. 171. Prompt Payment by Prescription Drug Plans and MA–PD Plans Under PART D.
 * Sec. 172. Submission of Claims by Pharmacies Located in or Contracting with Long-Term Care Facilities.
 * Sec. 173. Regular Update of Prescription Drug Pricing Standard.


 * 
 * Sec. 175. Inclusion of Barbiturates and Benzodiazepines as Covered PART D Drugs.
 * Sec. 176. Formulary Requirements with Respect to Certain Categories or Classes of Drugs.


 * Subtitle F—Other Provisions
 * Sec. 181. Use of PART D Data.
 * Sec. 182. Revision of Definition of Medically Accepted Indication for Drugs.
 * Sec. 183. Contract with a Consensus-Based Entity Regarding Performance Measurement.
 * Sec. 184. Cost-Sharing for Clinical Trials.
 * Sec. 185. Addressing Health Care Disparities.
 * Sec. 186. Demonstration to Improve Care to Previously Uninsured.
 * Sec. 187. Office of the Inspector General Report on Compliance With and Enforcement Of National Standards on Culturally and Linguistically Appropriate Services (CLAS) in Medicare.


 * Sec. 188. Medicare Improvement Funding.
 * Sec. 189. Inclusion of Medicare Providers and Suppliers in Federal Payment Levy and Administrative Offset Program.


 * TITLE II—MEDICAID
 * Sec. 201. Extension of Transitional Medical Assistance (TMA) and Abstinence Education Program.
 * Sec. 202. Medicaid DSH Extension.
 * Sec. 203. Pharmacy Reimbursement Under Medicaid.
 * Sec. 204. Review of Administrative Claim Determinations.
 * Sec. 205. County Medicaid Health Insuring Organizations.


 * TITLE III—MISCELLANEOUS
 * Sec. 301. Extension of TANF Supplemental Grants.
 * Sec. 302. 70 Percent Federal Matching for Foster Care and Adoption Assistance for the District of Columbia.
 * Sec. 303. Extension of Special Diabetes Grant Programs.
 * Sec. 304. IOM Reports on Best Practices for Conducting Systematic Reviews of Clinical Effectiveness Research and for Developing Clinical Protocols.

Approved July 15, 2008.

Legislative History

 * CONGRESSIONAL RECORD, Vol. 154 (2008):
 * June 24, considered and passed House.
 * July 9, considered and passed Senate.
 * WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
 * July 15, Presidential veto message.
 * CONGRESSIONAL RECORD, Vol. 154 (2008):
 * July 15, House and Senate Overrode Veto.
 * July 15, House and Senate Overrode Veto.