H.R. 3222

119 HR 3222 IH: Stopping Medicare Abuses to Restore Trust in Health Care Act
 U.S. House of Representatives
 2025-05-06
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 I  119th CONGRESS  1st Session  H. R. 3222  IN THE HOUSE OF REPRESENTATIVES   May 6, 2025   Mrs. Spartz  introduced the following bill; which was referred to the  Committee on Energy and Commerce , and in addition to the Committee on  Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   A BILL
To amend title XVIII of the Social Security Act to improve risk adjustment under Medicare Advantage, and for other purposes.
1.
Short title
This Act may be cited as the   Stopping Medicare Abuses to Restore Trust in Health Care Act   or the   SMART Health Care Act  .
2.
Improving risk adjustment under Medicare Advantage
Section 1853(a)(3)(C)(iii) of the Social Security Act ( 42 U.S.C. 1395w–23(a)(3)(C)(iii) ) is amended—
(1)
by striking
methodology.— Such risk  and inserting
methodology.—
(I)
In general
Subject to subclause (II), such risk
  ; and
(2)
by adding at the end the following new subclauses:
(II)
Use of health status data
For 2026 and each subsequent year, the Secretary shall use 2 years of diagnostic data (when available) under such risk adjustment methodology.
  .
3.
Promoting Medicare site-neutral payments
(a)
In general
Section 1833(t)(21) of the Social Security Act ( 42 U.S.C. 1395l(t)(21) ) is amended—
(1)
by redesignating subparagraph (E) as subparagraph (F); and
(2)
by inserting after subparagraph (D) the following new subparagraphs:
(E)
Sunset of certain exceptions
The provisions of clauses (ii) and (iv) of subparagraph (B) shall not apply with respect to applicable items and services furnished on or after January 1, 2026.
 .
(b)
On-Campus outpatient departments
Section 1833(t) of the Social Security Act is amended—
(1)
in paragraph (1)(B)—
(A)
in cause (iv), by striking  and  at the end;
(B)
in cause (v), by striking the period at the end and inserting  ; and ; and
(C)
by inserting at the end the following new clause:
(vi)
does not include applicable items and services (as defined in subparagraph (A) of paragraph (23)); and
  ; and
(2)
by adding at the end the following new paragraph:
(23)
Services furnished by an on-campus outpatient department of a provider
(A)
Applicable items and services
For purposes of paragraph (1)(B)(v) and this paragraph, the term  applicable items and services  means items and services other than items and services furnished by a dedicated emergency department (as defined in section 489.24(b) of title 42 of the Code of Federal Regulations).
(B)
On-campus outpatient department of a provider
(i)
In general
On-campus outpatient department of a provider—
(I)
on the campus (as defined in such section 413.65(a)(2) of title 42, Code of Federal Regulations) of such provider; or
(II)
within the distance (described in such definition of campus) from a remote location of a hospital facility (as defined in such section 413.65(a)(2) of title 42, Code of Federal Regulations).
(ii)
Exception for certain hospitals located in rural or medically underserved
  areas
For purposes of paragraph (1)(B)(vi) and this paragraph with respect to applicable items and services, the term  on-campus outpatient department of a provider  shall not include a department of a provider (as so defined) if the provider is:
(I)
A critical access hospital (as defined in section 1861(mm)(1)).
(II)
A sole community hospital (as defined in section 1886(d)(5)(D)(iii)).
(III)
A Medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G)(iv)).
(IV)
Any other hospital that is located in a rural area (as defined in section 1886(d)(2)(D)).
(C)
Availability of payment under other payment systems
With respect to items and services furnished in an on-campus provider-based department, payment under this section for such items and services shall be the amount determined under the fee schedule under section 1848 for such items and services furnished if furnished in a physician office setting.
  .
4.
Increasing Medicare access for rural communities by physician-owned hospitals
Section 1877(d) of the Social Security Act ( 42 U.S.C. 1395nn(d) ) is amended by striking paragraph (2) and inserting the following:
(2)
Rural providers
In the case of designated health services furnished in a rural area (as defined in section 1886(d)(2)(D)) by an entity, if substantially all of the designated health services furnished by the entity are furnished to individuals residing in such a rural area.
 .
5.
Making drugs more affordable for medicare patients
Section 340B(a)(5) of the Public Health Service Act ( 42 U.S.C. 256b(a)(5) ) is amended—
(1)
in subparagraph (C), by striking  subparagraphs (A) or (B)  and inserting  subparagraph (A), (B), or (E) ;
(2)
in subparagraph (D), by striking  subparagraphs (A) or (B)  and inserting  subparagraph (A), (B), or (E) ; and
(3)
by adding at the end the following:
(E)
Requirement to provide drug discounts to patients
(i)
In general
A covered entity shall ensure that each patient who receives a covered outpatient drug from such covered entity is provided such drug at a price that does not exceed the price at which the covered entity purchased the drug in accordance with paragraph (1), less any additional discounts or rebates received by the covered entity with respect to the drug.
(ii)
Establishment of mechanism
The Secretary shall establish a mechanism—
(I)
ensure that covered entities comply with clause (i);
(II)
adjust reimbursement rates for covered entities for certain outpatient prescription drugs provided by hospitals to Medicare patients under section 1395l(t)(14)(A)(iii); and
(III)
report the total amount paid and the total amount received for covered outpatient drugs under this subsection.
(iii)
Public reporting
The Secretary shall make the information reported under subclause (ii)(III) publicly available.
 .
6.
Improving quality of care at the skilled nursing facilities
Section 1888(e)(6) of the Social Security Act ( 42 U.S.C. 1395yy(e)(6) ) is amended by inserting  (or, with respect to fiscal year 2025 or a subsequent fiscal year, by between 2 and 5 percentage points (as determined appropriate by the Secretary))  after  2 percentage points .