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Bill - HR3200

This Document was obtained from The Library of Congress Thomas System as of July 14th, 2009

SEC. 1303. PAYMENT INCENTIVE FOR SELECTED PRIMARY CARE SERVICES.

[a] In General- Section- 1833 of the Social Security Act is amended by inserting after subsection [o] the following new subsection:

'[p] Primary Care Payment Incentives-

'[1] IN GENERAL- In the case of primary care services [as defined in paragraph [2]] furnished on or after January 1, 2011, by a primary care practitioner [as defined in paragraph [3]] for which amounts are payable under section 1848, in addition to the amount otherwise paid under this part there shall also be paid to the practitioner [or to an employer or facility in the cases described in clause [A] of section 1842[b][6]] [on a monthly or quarterly basis] from the Federal Supplementary Medical Insurance Trust Fund an amount equal 5 percent [or 10 percent if the practitioner predominately furnishes such services in an area that is designated [under section 332[a][1][A] of the Public Health Service Act] as a primary care health professional shortage area.

'[2] PRIMARY CARE SERVICES DEFINED- In this subsection, the term 'primary care services'--

'[A] means services which are evaluation and management services as defined in section 1848[j][5][A]; and

'[B] includes services furnished by another health care professional that would be described in subparagraph [A] if furnished by a physician.

'[3] PRIMARY CARE PRACTITIONER DEFINED- In this subsection, the term 'primary care practitioner'--

'[A] means a physician or other health care practitioner [including a nurse practitioner] who--

'[i] specializes in family medicine, general internal medicine, general pediatrics, geriatrics, or obstetrics and gynecology; and

'[ii] has allowed charges for primary care services that account for at least 50 percent of the physician's or practitioner's total allowed charges under section 1848, as determined by the Secretary for the most recent period for which data are available; and

'[B] includes a physician assistant who is under the supervision of a practitioner described in subparagraph [A].

'[4] LIMITATION ON REVIEW- There shall be no administrative or judicial review under section 1869, section 1878, or otherwise, respecting--

'[A] any determination or designation under this subsection;

'[B] the identification of services as primary care services under this subsection; and

'[C] the identification of a practitioner as a primary care practitioner under this subsection.

'[5] COORDINATION WITH OTHER PAYMENTS-

'[A] WITH OTHER PRIMARY CARE INCENTIVES- The provisions of this subsection shall not be taken into account in applying subsections [m] and [u] and any payment under such subsections shall not be taken into account in computing payments under this subsection.

'[B] WITH QUALITY INCENTIVES- Payments under this subsection shall not be taken into account in determining the amounts that would otherwise be paid under this part for purposes of section 1834[g][2][B].'.

[b] Conforming Amendments-

[1] Section- 1833 of such Act [42 U.S.C. 1395l[m]] is amended by redesignating paragraph [4] as paragraph [5] and by inserting after paragraph [3] the following new paragraph:

'[4] The provisions of this subsection shall not be taken into account in applying subsections [m] or [u] and any payment under such subsections shall not be taken into account in computing payments under this subsection.'.

[2] Section- 1848[m][5][B] of such Act [42 U.S.C. 1395w-4[m][5][B]] is amended by inserting ', [p],' after '[m]'.

[3] Section- 1848[o][1][B][iv] of such Act [42 U.S.C. 1395w-4[o][1][B][iv]] is amended by inserting 'primary care' before 'health professional shortage area'.

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