Page:United States Statutes at Large Volume 124.djvu/457

 124 STAT. 431 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(I) the number of days of hospice care attributable to the type of service; ‘‘(II) the cost of the type of service; and ‘‘(III) the amount of payment for the type of service; ‘‘(iv) charitable contributions and other revenue of the hospice program; ‘‘(v) the number of hospice visits; ‘‘(vi) the type of practitioner providing the visit; and ‘‘(vii) the length of the visit and other basic information with respect to the visit. ‘‘(C) The Secretary may collect the additional data and information under subparagraph (A) on cost reports, claims, or other mechanisms as the Secretary determines to be appro- priate. ‘‘(D)(i) Notwithstanding the preceding paragraphs of this subsection, not earlier than October 1, 2013, the Secretary shall, by regulation, implement revisions to the methodology for determining the payment rates for routine home care and other services included in hospice care under this part, as the Secretary determines to be appropriate. Such revisions may be based on an analysis of data and information collected under subparagraph (A). Such revisions may include adjust- ments to per diem payments that reflect changes in resource intensity in providing such care and services during the course of the entire episode of hospice care. ‘‘(ii) Revisions in payment implemented pursuant to clause (i) shall result in the same estimated amount of aggregate expenditures under this title for hospice care furnished in the fiscal year in which such revisions in payment are implemented as would have been made under this title for such care in such fiscal year if such revisions had not been implemented. ‘‘(E) The Secretary shall consult with hospice programs and the Medicare Payment Advisory Commission regarding the additional data and information to be collected under subparagraph (A) and the payment revisions under subpara- graph (D).’’. (2) CONFORMING AMENDMENTS.—Section 1814(i)(1)(C) of the Social Security Act (42 U.S.C. 1395f(i)(1)(C)) is amended— (A) in clause (ii)— (i) in the matter preceding subclause (I), by inserting ‘‘(before the first fiscal year in which the payment revisions described in paragraph (6)(D) are implemented)’’ after ‘‘subsequent fiscal year’’; and (ii) in subclause (VII), by inserting ‘‘(before the first fiscal year in which the payment revisions described in paragraph (6)(D) are implemented), sub- ject to clause (iv),’’ after ‘‘subsequent fiscal year’’; and (B) by adding at the end the following new clause: ‘‘(iii) With respect to routine home care and other services included in hospice care furnished during fiscal years subsequent to the first fiscal year in which pay- ment revisions described in paragraph (6)(D) are imple- mented, the payment rates for such care and services shall be the payment rates in effect under this clause during the preceding fiscal year increased by, subject to clause (iv), the market basket percentage increase Deadline. Regulation.