HR 3962 · 111th Congress 2009–2011, ended

Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010

Latest action · Jun 25, 2010 Became Public Law No: 111-192.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedOct 29, 2009
  2. Passed HouseNov 7, 2009
  3. Passed SenateJun 18, 2010
  4. To the PresidentJun 24, 2010
  5. Became lawJun 25, 2010Public Law 111-192

Summary

(This measure has not been amended since it was passed by the Senate on June 18, 2010. The summary of that version is repeated here.)

Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 - Title I: Health Provisions - (Sec. 101) Sets 2.2% as the update to the single conversion factor in the formula for determining physician payment rates for June 1, 2010, through November 30, 2010.

(Sec. 102) Revises requirements for calculating payments to hospitals for inpatient hospital services with respect to the three-day payment window regarding other services related to an admission which are performed during the three days before an admission. Includes among such services, in addition to diagnostic services (as under current law), all services that are not diagnostic services (other than ambulance and maintenance renal dialysis services) for which Medicare payment may be made that are provided to a patient by a hospital (or an entity wholly owned or operated by the hospital).

Prohibits any administrative or judicial review of the determination of whether services provided during the three days before a patient's inpatient admission are related to the admission.

Prohibits the Secretary of Health and Human Services (HHS) from reopening a claim, adjusting a claim, or making a payment pursuant to any request for Medicare payment (previously bundled claims) submitted by a hospital or an entity wholly owned or operated by the hospital for specified other services related to a patient's inpatient admission for purposes of treating, as unrelated to such admission, services provided during the three days (or in the case of a hospital that is not a subsection [d] hospital, during the one day) immediately preceding the date of the patient's inpatient admission.

(Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.)

(Sec. 103) Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose to HHS officers and employees tax return information regarding delinquent tax debt with respect to taxpayers who apply to enroll or reenroll as Medicare service providers or suppliers. Requires the HHS Secretary to take this information into account in determining whether to deny such an application or to apply enhanced oversight to a service provider or supplier who owes such a debt.

Title II: Pension Funding Relief - Subtitle A: Single Employer Plans - (Sec. 201) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) with respect to the shortfall amortization charge in the formula for determining the minimum required contribution for any plan year of a single-employer defined benefit plan in which the value of plan assets is less than the plan's funding target for the plan year. (The shortfall amortization charge for a plan for any plan year is the aggregate total of the shortfall amortization installments in amortizing unfunded liabilities for such plan year with respect to the shortfall amortization bases for the plan year and each of the six preceding plan years. Shortfall amortization installments are the amounts necessary to amortize the shortfall amortization base of the plan for any plan year in level annual installments over the seven-plan-year period beginning with such plan year.)

Allows a sponsor of a single-employer defined benefit pension plan to elect in any two plan years 2008-2011 extended amortization periods (of 9 or 15 years instead of the usual 7 years).

Requires an increase in alternate required shortfall amortization installments by an installment acceleration amount, during a specified restriction period (beginning after December 31, 2009), in cases of excess compensation or extraordinary dividends or stock redemptions, as determined according to specified formulae. Defines installment acceleration amount as the sum of the aggregate amount of excess employee compensation (over $1 million) for a plan year after February 28, 2010, plus the aggregate amount of extraordinary dividends and stock redemptions for such plan year.

(Sec. 202) Amends the Pension Protection Act of 2006 (PPA 2006) to allow sponsors of certain eligible cooperative pension plans, Pension Benefit Guaranty Corporation (PBGC) settlement plans, and government contractor cooperative plans or eligible charity plans with delayed effective dates to elect, in certain plan years 2008-2011, to apply specified pre-PPA 2006 minimum funding rules with respect to unfunded new liabilities (under 90% funded) for either: (1) a two-year lookback for determining deficit reduction contributions for certain plans with 9-year extended amortization periods; or (2) a new applicable percentage in the determination of a 15-year extended amortization period.

(Sec. 203) Revises the formula for determining the adjusted funding target attainment percentage of single-employer benefit plans for plan years between October 1, 2008, and October 1, 2010 (FY2009 and FY2010), to make a special FY2007 plan year lookback rule with respect to determining when an unpredictable contingent event benefit may not be paid.

(Sec. 204) Revises requirements for the reduction of the minimum required contribution (by elected credits for a prefunding balance and a funding standard carryover balance) to a single-employer defined benefit pension plan maintained by a charity (charity benefit plan). Prescribes a special lookback for credit balance rule limiting such a reduction of the minimum required contribution for charity benefit plans that are less than 80% funded for plan years beginning after August 31, 2009, and before September 1, 2011.

Subtitle B: Multiemployer Plans - (Sec. 211) Amends ERISA and IRC relating to minimum funding standards for multiemployer pension plans. Makes a special relief rule to allow such plans to elect alternative amortization plans and valuation methods for amortization of net investment losses incurred in either or both of the first two plan years ending after August 31, 2008, with a specified expanded smoothing period in asset valuation methods.

Requires plan sponsors to give notice of such an election to participants and beneficiaries of the plan and the PBGC.

Title III: Budgetary Provisions - (Sec. 301) Requires a determination of the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010.

Recorded votes 5

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 393Passed417–1Jun 24, 2010
House 887Passed220–215Nov 7, 2009
House 886Failed187–247Nov 7, 2009
House 885Failed176–258Nov 7, 2009
House 884Agreed to240–194Nov 7, 2009

Cosponsors 6

Members who signed on, in the order they did. All signed on Oct 29, 2009.

SeatCosponsorSigned on
D-NYCharles B. RangelOriginalOct 29, 2009
D-CAFortney Pete StarkOriginalOct 29, 2009
D-NJFrank Pallone, Jr.OriginalOct 29, 2009
D-CAGeorge MillerOriginalOct 29, 2009
D-CAHenry A. WaxmanOriginalOct 29, 2009
D-NJRobert E. AndrewsOriginalOct 29, 2009

Committees 8

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Oct 29, 2009
Health Subcommittee
Referred Nov 2, 2009
HouseEducation and Workforce Committee
Referred Oct 29, 2009
HouseWays and Means Committee
Referred Oct 29, 2009
HouseOversight and Government Reform Committee
Referred Oct 29, 2009
HouseBudget Committee
Referred Oct 29, 2009
HouseRules Committee
Referred Oct 29, 2009
HouseNatural Resources Committee
Referred Oct 29, 2009
HouseJudiciary Committee
Referred Oct 29, 2009

Actions 42

Everything that happened, newest first.

  1. Jun 25, 2010Signed by President.
  2. Jun 25, 2010Became Public Law No: 111-192.
  3. Jun 24, 2010Mr. Levin moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H4829-4841)
  4. Jun 24, 2010DEBATE - The House proceeded with forty minutes of debate on H.R. 3962.
  5. Jun 24, 2010At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the chair announced that further proceedings on the motion would be postponed.
  6. Jun 24, 2010Considered as unfinished business. (consideration: CR H4856)
  7. Jun 24, 2010Resolving differences -- House actions: On motion that the House suspend the rules and concur in the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 393). (text as House agreed to Senate amendments: CR H4829-4835)
  8. Jun 24, 2010Motion to reconsider laid on the table Agreed to without objection.
  9. Jun 24, 2010Cleared for White House.
  10. Jun 24, 2010Presented to President.
  11. Jun 18, 2010Measure laid before Senate by unanimous consent. (consideration: CR S5150-5151)
  12. Jun 18, 2010Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
  13. Jun 18, 2010Message on Senate action sent to the House.
  14. Nov 16, 2009Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 210.
  15. Nov 10, 2009Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  16. Nov 7, 2009Rules Committee Resolution H. Res. 903 Reported to House. Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
  17. Nov 7, 2009Considered under the provisions of rule H. Res. 903. (consideration: CR H12623-12968; text of mesure as amended in House: CR H12623-12834)
  18. Nov 7, 2009Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
  19. Nov 7, 2009DEBATE - The House proceeded with four hours of debate on H.R. 3962.
  20. Nov 7, 2009DEBATE - Pursuant to the provisions of H.Res. 903, the House proceeded with 20 minutes of debate on the Stupak amendment.
  21. Nov 7, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Stupak amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Stupak demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
  22. Nov 7, 2009DEBATE - Pursuant to the provisions of H.Res. 903, the House proceeded with 1 hour of debate on the Boehner amendment in the nature of a substitute.
  23. Nov 7, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Boehner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Camp (MI) demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
  24. Nov 7, 2009UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
  25. Nov 7, 2009On ordering the previous question Agreed to by voice vote. (consideration: CR H12963)
  26. Nov 7, 2009Mr. Cantor moved to recommit with instructions to Energy and Commerce. (consideration: CR H12963-12967; text: CR H12963-12966)
  27. Nov 7, 2009DEBATE - The House proceeded with 10 minutes of debate on the Cantor motion to recommit with instructions. The instructions contained in the motion seek to insert a new title with the heading "Seniors Protection and Medicare Regional Payment Equity Fund".
  28. Nov 7, 2009The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12967)
  29. Nov 7, 2009On motion to recommit with instructions Failed by recorded vote: 187 - 247 (Roll no. 886). (consideration: CR H12967)
  30. Nov 7, 2009Passed/agreed to in House: On passage Passed by recorded vote: 220 - 215 (Roll no. 887).
  31. Nov 7, 2009Motion to reconsider laid on the table Agreed to without objection.
  32. Nov 2, 2009Referred to the Subcommittee on Health.
  33. Oct 29, 2009Introduced in House
  34. Oct 29, 2009Referred to House Energy and Commerce
  35. Oct 29, 2009Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Ways and Means, Oversight and Government Reform, the Budget, Rules, Natural Resources, and the Judiciary, 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.
  36. Oct 29, 2009Referred to House Education and Labor
  37. Oct 29, 2009Referred to House Ways and Means
  38. Oct 29, 2009Referred to House Oversight and Government Reform
  39. Oct 29, 2009Referred to House Budget
  40. Oct 29, 2009Referred to House Rules
  41. Oct 29, 2009Referred to House Natural Resources
  42. Oct 29, 2009Referred to House Judiciary

In the Congressional Record 39

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1234, E1247Carolyn B. Maloney D-NY, Peter J. Visclosky D-INJun 30, 2010
HouseDebate and remarks H4829–H4841, H4858Text printed H4829–H4835Amendments H4829Recorded votes H4856Senate amendmentsCharles A. Gonzalez D-TX, Chris Van Hollen D-MD, Daniel B. Maffei D-NY, David P. Roe R-TN, David Scott D-GA, Debbie Wasserman Schultz D-FL, Donna M. Christensen D-VI, Frank Pallone, Jr. D-NJ, Gene Green D-TX, Ginny Brown-Waite R-FL, Henry A. Waxman D-CA, Janice D. Schakowsky D-IL, John D. Dingell D-MI, John Shimkus R-IL, Michael C. Burgess R-TX, Paul D. Ryan R-WI, Robert E. Andrews D-NJ, Sander M. Levin D-MI, Sheila Jackson Lee D-TX, Shelley Berkley D-NV, Wally Herger R-CAJun 24, 2010
SenateDebate and remarks S5226John Barrasso R-WY, John McCain R-AZJun 22, 2010
SenateDebate and remarks S5150, S5151Amendments S5154, S5161Tables S5150Pay-as-you-go effects of H.R. 3962, Preservation of Access to Care for Medicare Beneficiaries and Pension Relief ActChuck Grassley R-IA (amendment), Harry Reid D-NV, Kent Conrad D-ND, Max Baucus D-MT (amendment), Mitch McConnell R-KYJun 18, 2010
SenateDebate and remarks S5096Harry Reid D-NV, Mitch McConnell R-KYJun 17, 2010

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimates 12

  1. Jun 18, 2010Budgetary Effects for an Act to Provide a Physician Payment Update, to Provide Pension Funding Relief, and for Other Purposes<p>Cost estimate for the bill as provided by staff on June 18, 2010</p>
  2. Jun 18, 2010Budgetary Effects for an Act to Provide a Physician Payment Update, to Provide Pension Funding Relief, and for Other PurposesCost estimate for the bill as provided by staff on June 18, 2010
  3. Nov 25, 2009H.R. 3962, Affordable Health Care for America Act<p>Additional information on the budgetary effects of proposals to establish the Community Living Assistance Services and Supports (CLASS) Program</p>
  4. Nov 25, 2009H.R. 3962, Affordable Health Care for America ActAdditional information on the budgetary effects of proposals to establish the Community Living Assistance Services and Supports (CLASS) Program
  5. Nov 20, 2009H.R. 3962, Affordable Health Care for America Act<p>Revised cost estimate for the bill as passed by the House of Representatives</p>
  6. Nov 20, 2009H.R. 3962, Affordable Health Care for America ActRevised cost estimate for the bill as passed by the House of Representatives
  7. Nov 6, 2009H.R. 3962, Affordable Health Care for America Act<p>Cost estimate for the bill as introduced on October 29, 2009 and incorporating the manager's amendment from November 3, 2009 (updated to reflect enactment of H.R. 3548)</p>
  8. Nov 6, 2009H.R. 3962, Affordable Health Care for America ActCost estimate for the bill as introduced on October 29, 2009 and incorporating the manager's amendment from November 3, 2009 (updated to reflect enactment of H.R. 3548)
  9. Nov 5, 2009H.R. 3962, Affordable Health Care for America Act<p>Cost estimate for the bill as introduced on October 29, 2009, incorporating the manager's amendment from November 3, 2009</p>
  10. Nov 5, 2009H.R. 3962, Affordable Health Care for America ActCost estimate for the bill as introduced on October 29, 2009, incorporating the manager's amendment from November 3, 2009
  11. Nov 4, 2009H.R. 3962, Affordable Health Care for America Act<p>Cost estimate for the amendment in the nature of a substitute as introduced on November 3, 2009</p>
  12. Nov 4, 2009H.R. 3962, Affordable Health Care for America ActCost estimate for the amendment in the nature of a substitute as introduced on November 3, 2009

Printed hearings 6

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 111-119H.R. 4700, THE TRANSPARENCY IN ALL HEALTH CARE PRICING ACT OF 2010; H.R. 2249, THE HEALTH CARE PRICE TRANSPARENCY PROMOTION ACT OF 2009; AND H.R. 4803, THE PATIENTS' RIGHT TO KNOW ACT117 pagesEnergy and Commerce CommitteeMay 6, 2010
Serial No. 111-90INNOVATIONS IN ADDRESSING CHILDHOOD OBESITY151 pagesEnergy and Commerce CommitteeDec 16, 2009
Serial No. 111-87PRESCRIPTION DRUG PRICE INFLATION: ARE PRICES RISING TOO FAST?246 pagesEnergy and Commerce CommitteeDec 8, 2009
Serial No. 111-85BREAST CANCER SCREENING RECOMMENDATIONS162 pagesEnergy and Commerce CommitteeDec 2, 2009
Serial No. 111-82H1N1 PREPAREDNESS: AN OVERVIEW OF VACCINE PRODUCTION AND DISTRIBUTION247 pagesEnergy and Commerce CommitteeNov 18, 2009

CRS reports 31

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

About this bill 5

Products that name it in their title: its number, its law number or one of its short titles.

Also cite it 26

Products on other subjects that cite it, usually among other measures.

Amendments 4

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 509An amendment printed in Part C of House Report 111-330 to codify the Hyde Amendment in H.R. 3962. The amendment prohibits federal funds for abortion services in the public option. It also prohibits individuals who receive affordability credits from purchasing a plan that provides elective abortions. However, it allows individuals, both who receive affordability credits and who do not, to separately purchase with their own funds plans that cover elective abortions. It also clarifies that private plans may still offer elective abortions.Bart Stupak D-MIOn agreeing to the Stupak amendment (A001) Agreed to by the Yeas and Nays: 240 - 194, 1 Present (Roll no. 884).
HAmdt 510An amendment in the nature of a substitute printed in Part D of House Report 111-330 to create Universal Access Programs that expand and reform high-risk pools and reinsurance programs to guarantee that all Americans, regardless of pre-existing conditions or past illnesses, have access to affordable care while lowering costs for all Americans. It prevents insurers from unjustly canceling a policy or instituting annual or lifetime spending caps. The amendment would put in place medical liability reforms and gives small businesses the power to pool together and offer health care at lower prices. In addition, the legislation would provide incentive payments to states that reduce premiums and the number of uninsured. The bill would allow Americans living in one state to shop for coverage and purchase insurance in another. The legislation would prohibit all Federal funds, whether they are authorized funds or appropriated funds, from being used to pay for abortion. The amendment would create new incentives to save for future and long-term care needs by allowing qualified participants to use HSAs to pay premiums.John A. Boehner R-OHOn agreeing to the Boehner amendment (A002) Failed by the Yeas and Nays: 176 - 258 (Roll no. 885).
SA 4383In the nature of a substitute.Max Baucus D-MTAmendment SA 4383 agreed to in Senate by Unanimous Consent.
SA 4384To amend the title.Max Baucus D-MTAmendment SA 4384 agreed to in Senate by Unanimous Consent.

Related bills 2

Companion bills and other measures the record links to this one.

Titles 9

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
Official Titles as Amended by Senate
An act to provide a physician payment update, to provide pension funding relief, and for other purposes.
Short Titles as Introduced
Affordable Health Care for America Act
Short Titles as Passed House
Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010
Affordable Health Care for America Act
Short Titles as Passed Senate
Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010
Short Titles as Enacted
Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010
Short Titles as Introduced for portions of this bill
Indian Health Care Improvement Act Amendments of 2009
Short Titles as Passed House for portions of this bill
Indian Health Care Improvement Act Amendments of 2009

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Jun 18, 2010Engrossed Amendment Senate
  3. Nov 16, 2009Placed on Calendar Senate
  4. Nov 7, 2009Engrossed in House
  5. Oct 29, 2009Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.