Committee on Ways and Means

Summary of Changes
Made by Chairman's Amendment in the Nature of a Substitute
to  H.R. 4954, "Medicare Modernization and Prescription Drug Act of 2002"

Title

Section

Page

Explanation of Change

I

1860B

16

Changes catastrophic limit from $4,500 to $3,800.

I

1860B

17

Changes lines 19 and 20 to clarify that the Medicare Benefits Administrator certifies that variations in benefit design are actuarially equivalent.

I

1860B

19

Adds after subparagraph (d) that the Medicaid best price provision does not apply to qualified prescription drug coverage offered to Medicare beneficiaries.

I

1860B

20

Clarifies on line 3 that Medicare Benefits Administrator determines whether actuarial value of drug benefit meets standardized value.

I

1860C

28

Changes effective date of advisory report on line 6 from July 1, 2004 to January 1, 2005.

I

1860F

37

Clarifies that plans must permit beneficiaries to elect payment of premiums through Social Security withholding, as provided for Part B premiums

I

1860G

40

Adds in (B) the option for Medicare beneficiaries the option of having low-income subsidy eligibility determination made by the Social Security Administration (SSA).

I

1860G

40

Adds appropriation of “such sums” for eligibility determination through SSA.

I

1860H

44

Clarifies paragraph (a) (1) and (2) that the overall subsidy is a combined 65 percent, consisting of 35 percent direct subsidy and 30 percent reinsurance.

I

1860H

46

Clarifies the adjustment paragraph (d) on line 25 applies only to reinsurance.

I

1860H

47

Clarifies on line 30, any application of risk adjustment to the direct subsidy will not change aggregate payments.

I

104

61

Limits Meidigap cost sharing of qualified prescription drug expenses to two new Meidigap policies only.

I

104

61

Clarifies that NAIC changes to model policies shall be limited to the two benefit packages outlined in this section

II

201

68

Addition of section (g) after line 8 adds report on impact of increased financial assistance to Medicare+Choice plans.

III

305

93

Addition of new section (e) after line 7 that prevents recoupments of funds from critical access hospitals created by Centers for Medicare and Medicaid software error.

III

310

95

Strikes on line 31”expands or enhances” and replaces with “restricts or limits.”

IV

403

97

Removes substantially equivalent devices that are implantable from being automatically deemed as meeting substantial improvement.

IV

411

102

On line 27, adds temporary payments at 12% for 2003, 10% for 2004 and 8% for 2005 regarding skilled nursing facility temporary bonus payments for nursing component.  On line 34, changes the dates to FY 2003, 2004 and 2005.

IV

431

106

On line 14, strikes “over” and replaces with “inaccurate.”  On line 37, removes general language relating to other entities that might have a conflict of interest, continuing on page 107 lines 1-3.

IV

502

110

Change to line 4 alters report due date to 18 months after enactment.

IV

504

110

1 year treatment of certain pathology sections, continuing BIPA provision.

IV

513

117

Change in lines 11-16 to lengthen moratorium on therapy caps to 2 years, through 2004.

IV

513

118

Line 18 adds new item to study of direct access to physical therapists to examine effect of prohibiting physician self-referral for physical therapy services.

IV

513

118

Addition to line 24 includes analysis of eliminating physician certification in the study of direct access to physical therapists.

IV

515

120

Addition after line 6 waives deductible and co-payments for initial preventive physical examination.

V

517

121

Addition of new section 517 after line 37 that improves payment for certain mammography services.

VI

603

125

Replace on line 5, 1.0% with 1.1%.  Replace lines 7-9 to clarify the increase is 2.7%.