[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2172 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 2172

      To amend title XVIII of the Social Security Act to clarify 
   congressional intent and preserve patient access to home infusion 
      therapy under the Medicare program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2025

  Mr. Buchanan (for himself, Mrs. Dingell, Mrs. Harshbarger, and Ms. 
   Sewell) 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 clarify 
   congressional intent and preserve patient access to home infusion 
      therapy under the Medicare program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Patient Access to Home 
Infusion Act''.

SEC. 2. PRESERVATION OF PATIENT ACCESS TO HOME INFUSION THERAPY UNDER 
              MEDICARE PROGRAM.

    (a) Inclusion of Pharmacy Services.--Section 1861(iii)(2) of the 
Social Security Act (42 U.S.C. 1395x(iii)(2)) is amended--
            (1) in subparagraph (A), by inserting ``and pharmacy 
        services'' after ``nursing services''; and
            (2) in subparagraph (B), by inserting ``, assessments, drug 
        preparation and compounding, coordination and documentation of 
        infusion therapy services in the plan of care'' after 
        ``subsection (n))''.
    (b) Payment.--Section 1834(u)(1)(A) of the Social Security Act (42 
U.S.C. 1395m(u)(1)(A)) is amended--
            (1) in clause (i), by striking ``clause (iii)'' and 
        inserting ``clauses (iii) and (iv)'';
            (2) in clause (ii) by inserting after the first sentence 
        the following new sentence: ``For purposes of the previous 
        sentence, a reference to payment to a qualified home infusion 
        therapy supplier for an infusion drug administration calendar 
        day in the home of such individual shall refer to payment for 
        each day on which such a drug was administered to the 
        individual (regardless of whether a qualified home infusion 
        therapy supplier was physically present in the home of such 
        individual on such date).'';
            (3) in clause (iii)--
                    (A) by striking ``The single payment amount'' and 
                inserting the following:
                                    ``(I) In general.--Subject to 
                                subclause (II), the single payment 
                                amount''; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(II) Transitional rule.--For home 
                                infusion therapy furnished on or after 
                                January 1, 2026, and before January 1, 
                                2030, the Secretary shall ensure that 
                                the single payment amount determined 
                                under this subparagraph reflects 5 
                                hours of infusion for a particular 
                                therapy in a calendar day.''; and
            (4) by adding at the end the following new clause:
                            ``(iv) Special rule when a qualified home 
                        infusion therapy supplier not physically 
                        present in the individual's home.--In the case 
                        where a qualified home infusion therapy 
                        supplier is not physically present in the 
                        individual's home on the day the home infusion 
                        drug is administered to the individual, the 
                        single payment amount under this subsection for 
                        items and services described in clause (i) 
                        furnished on such day to such individual shall 
                        be an amount equal to 50 percent of the amount 
                        that would have applied under this subsection 
                        for such items and services if such a supplier 
                        had been physically present.''.
    (c) Permitting Nurse Practitioners and Physician Assistants To 
Establish and Review a Home Infusion Plan of Care.--Section 
1861(iii)(1)(B) of the Social Security Act (42 U.S.C. 1395x(iii)(1)(B)) 
is amended by striking ``physician (as defined in subsection (r)(1)) 
and is periodically reviewed by a physician'' and inserting ``physician 
(as defined in subsection (r)(1)) or a nurse practitioner or physician 
assistant (as those terms are defined in subsection (aa)(5)) and is 
periodically reviewed by a physician, nurse practitioner, or physician 
assistant''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to items and services furnished on or after January 
1, 2026.

SEC. 3. ACCESS TO HOME INFUSION FOR NON-PUMP DRUGS AND BIOLOGICALS.

    (a) Modification of Definition of Home Infusion Drug.--Section 
1861(iii)(3) of the Social Security Act (42 U.S.C. 1395x(iii)(3)) is 
amended--
            (1) in subparagraph (C), by inserting ``and, in the case of 
        a drug or biological other than a specified non-pump drug or 
        biological (as defined in subparagraph (E)),'' before 
        ``through''; and
            (2) by adding at the end the following new subparagraph:
            ``(E) The term `specified non-pump drug or biological' 
        means a drug or biological that--
                    ``(i) is administered intravenously but not through 
                a pump that is an item of durable medical equipment (as 
                defined in subsection (n)); and
                    ``(ii) is an antibacterial, antifungal, or 
                antiviral (as categorized by the United States 
                Pharmacopeia).''.
    (b) Clarification on Billing.--Section 1834(u) of the Social 
Security Act (42 U.S.C. 1395m(u)) is amended by adding at the end the 
following new paragraph:
            ``(8) Clarification on billing for a specified non-pump 
        drug or biological.--In the case of a qualified home infusion 
        supplier (as defined in section 1861(iii)(3)(D)) that furnishes 
        items and services described in subparagraphs (A) and (B) of 
        section 1861(iii)(2) in coordination with the furnishing of a 
        home infusion drug (as defined in section 1861(iii)(3)(C)) that 
        is a specified non-pump drug or biological (as defined in 
        section 1861(iii)(3)(E)) where the method of infusion utilized 
        in furnishing such drug or biological does not involve a pump 
        that is an item of durable medical equipment, payment under 
        this subsection for the items and services described in 
        subparagraphs (A) and (B) of section 1861(iii)(2) shall be made 
        with respect to such drug or biological regardless of whether 
        such drug or biological so furnished is payable under this 
        part.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to items and services furnished on or after January 
1, 2026.

SEC. 4. MODIFICATION OF PAYMENT FOR HOME INFUSION SUPPLIES.

    Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is 
amended by adding at the end the following new paragraph:
            ``(22) Special payment rule for items and supplies 
        furnished in conjunction with home infusion therapy.--
                    ``(A) In general.--Notwithstanding the preceding 
                provisions of this subsection, no payment may be made 
                under this subsection with respect to applicable items 
                and services (as defined in subparagraph (B)) that are 
                furnished on or after January 1, 2026, in conjunction 
                home infusion therapy (as defined in section 
                1861(iii)(1)) for which payment is made under 
                subsection (u) and which are so furnished on the same 
                day as such home infusion therapy and with respect to 
                the same home infusion drug (as defined in section 
                1861(iii)(3)(C)) for which such payment was so made.
                    ``(B) Applicable items and services defined.--For 
                purposes of subparagraph (A), the term `applicable 
                items and services' means tubing, catheters, dressings, 
                needles, syringes, and other supplies identified by 
                HCPCS code A4221, A4222, or K0552 (or any successor 
                code).''.
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