H.R. 5712, Veterans’, Seniors’, and Children’s Health Technical Corrections Act of 2010

Status: Passed the House July 14, 2010.  Awaiting Senate action.

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Click here for the CBO score for H.R. 5712.


H.R. 5712 “Veterans’, Seniors’, and Children’s Health Technical Corrections Act of 2010”

This bill provides for certain clarifications and extensions under Medicare, Medicaid and the Children’s Health Insurance Program pertaining to veterans and other beneficiaries, as well as providers including skilled nursing facilities, teaching hospitals, and children’s hospitals. CBO estimates that this bill results in small savings (less than $50 million) to the federal government.

Clarification of effective date of Part B special enrollment period for disabled TRICARE beneficiaries. Clarifies that disabled veterans making Medicare Part B elections on and after March 23, 2010 are eligible for a 12-month special enrollment period to ensure that they properly enroll in Medicare Part B and retain their TRICARE eligibility.

Repeal of delay of RUG-IV.  Ensures that a refined payment system reimbursing skilled nursing facilities (known as Version 4 of the Resource Utilization Groups, or “RUG IV”) can be implemented on October 1, 2010. 

Addition of clarification for affiliated hospitals for distribution of residency positions.  Makes a technical correction to clarify that residency positions that are being shared between teaching hospitals under an “affiliation agreement” would not be redistributed to other hospitals. There are more than 300 hospitals in 36 states with affiliation agreements in place that are currently using these residency slots.

Inclusion of orphan drugs for children’s hospitals under the 340B drug discount program. Clarifies that eligible children’s hospitals retain access to 340B drug discounts on orphan drugs.

Medicaid and CHIP technical corrections. Makes technical corrections to Medicaid and CHIP relating to exclusion from participation, income eligibility levels for children, measurement of payment error rates, coverage of children of state employees, and payment for electronic health records.

Funding for claims reprocessing. Provides funding to CMS to implement a law enacted on March 23, 2010 that requires the Center on Medicare and Medicaid Services (CMS) to reprocess certain provider claims back to January 1, 2010.

Extension of Section 508 reclassifications.  Extends through FY 2011 hospital geographic reclassifications authorized under section 508 of the Medicare Modernization Act that otherwise expire on September 30, 2010. 

Revision to the Medicare Improvement Fund.  Ensures the overall bill is fully paid for by reducing the amount of funds otherwise available in the Medicare Improvement Fund.

Support for H.R. 5712

     Alliance for Quality Nursing Home Care

     American Association of Homes and Services for the Aging (AAHSA)

     American Health Care Association (AHCA)

     American Hospital Association (AHA)

     Association of American Medical Colleges (AAMC)

     Families USA

     Federation of American Hospitals (FAH)

     National Association of Children's Hospitals and Related Institutions (NACHRI)