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.
- IntroducedOct 29, 2009
- Passed HouseNov 7, 2009
- Passed SenateJun 18, 2010
- To the PresidentJun 24, 2010
- 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 call | Question | Result | Date |
|---|---|---|---|
| House 393 | On Motion to Suspend the Rules and Concur in the Senate Amendments | Passed417–1 | Jun 24, 2010 |
| House 887 | On Passage | Passed220–215 | Nov 7, 2009 |
| House 886 | On Motion to Recommit with Instructions | Failed187–247 | Nov 7, 2009 |
| House 885 | On Agreeing to the Amendment | Failed176–258 | Nov 7, 2009 |
| House 884 | On Agreeing to the Amendment | Agreed to240–194 | Nov 7, 2009 |
Cosponsors 6
Members who signed on, in the order they did. All signed on Oct 29, 2009.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Charles B. Rangel | Original | Oct 29, 2009 |
| D-CA | Fortney Pete Stark | Original | Oct 29, 2009 |
| D-NJ | Frank Pallone, Jr. | Original | Oct 29, 2009 |
| D-CA | George Miller | Original | Oct 29, 2009 |
| D-CA | Henry A. Waxman | Original | Oct 29, 2009 |
| D-NJ | Robert E. Andrews | Original | Oct 29, 2009 |
Committees 8
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Oct 29, 2009 |
| Health Subcommittee | Referred Nov 2, 2009 | |
| House | Education and Workforce Committee | Referred Oct 29, 2009 |
| House | Ways and Means Committee | Referred Oct 29, 2009 |
| House | Oversight and Government Reform Committee | Referred Oct 29, 2009 |
| House | Budget Committee | Referred Oct 29, 2009 |
| House | Rules Committee | Referred Oct 29, 2009 |
| House | Natural Resources Committee | Referred Oct 29, 2009 |
| House | Judiciary Committee | Referred Oct 29, 2009 |
Actions 42
Everything that happened, newest first.
- Jun 25, 2010Signed by President.
- Jun 25, 2010Became Public Law No: 111-192.
- Jun 24, 2010Mr. Levin moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H4829-4841)
- Jun 24, 2010DEBATE - The House proceeded with forty minutes of debate on H.R. 3962.
- 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.
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.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E1234, E1247 | Carolyn B. Maloney D-NY, Peter J. Visclosky D-IN | Jun 30, 2010 |
| House | Debate and remarks H4829–H4841, H4858Text printed H4829–H4835Amendments H4829Recorded votes H4856Senate amendments | Charles 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-CA | Jun 24, 2010 |
| Senate | Debate and remarks S5226 | John Barrasso R-WY, John McCain R-AZ | Jun 22, 2010 |
| Senate | Debate 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 Act | Chuck Grassley R-IA (amendment), Harry Reid D-NV, Kent Conrad D-ND, Max Baucus D-MT (amendment), Mitch McConnell R-KY | Jun 18, 2010 |
| Senate | Debate and remarks S5096 | Harry Reid D-NV, Mitch McConnell R-KY | Jun 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
- 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>
- 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
- 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>
- 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
- 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>
- Nov 20, 2009H.R. 3962, Affordable Health Care for America ActRevised cost estimate for the bill as passed by the House of Representatives
- 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>
- 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)
- 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>
- 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
- 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>
- 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.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 111-119 | H.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 pages | Energy and Commerce Committee | May 6, 2010 |
| Serial No. 111-90 | INNOVATIONS IN ADDRESSING CHILDHOOD OBESITY151 pages | Energy and Commerce Committee | Dec 16, 2009 |
| Serial No. 111-87 | PRESCRIPTION DRUG PRICE INFLATION: ARE PRICES RISING TOO FAST?246 pages | Energy and Commerce Committee | Dec 8, 2009 |
| Serial No. 111-85 | BREAST CANCER SCREENING RECOMMENDATIONS162 pages | Energy and Commerce Committee | Dec 2, 2009 |
| Serial No. 111-82 | H1N1 PREPAREDNESS: AN OVERVIEW OF VACCINE PRODUCTION AND DISTRIBUTION247 pages | Energy and Commerce Committee | Nov 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.
| Product | Title | Kind | Published |
|---|---|---|---|
| R40885 | Private Health Insurance Provisions of H.R. 3962 Archived | Report | Sep 21, 2010 |
| R40892 | Public Health, Workforce, Quality, and Related Provisions in H.R. 3962 Archived | Report | Mar 19, 2010 |
| R40902 | Indian Health Care Provisions in H.R. 3962 Archived | Report | Mar 19, 2010 |
| R40900 | Medicaid and Children’s Health Insurance Program (CHIP) Provisions in Affordable Health Care for America Act (H.R. 3962) Archived | Report | Nov 20, 2009 |
| R40898 | Medicare Program Changes in H.R. 3962, Affordable Health Care for America Act Archived | Report | Nov 9, 2009 |
Also cite it 26
Products on other subjects that cite it, usually among other measures.
Amendments 4
Amendments offered to this bill.
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.
- Abortion
- Administrative law and regulatory procedures
- Administrative remedies
- Adoption and foster care
- Adult day care
- Advisory bodies
- Aging
- Allied health services
- Border security and unlawful immigration
- Business ethics
- Cancer
- Cardiovascular and respiratory health
- Child health
- Civil actions and liability
- Competition and antitrust
- Comprehensive health care
- Computers and information technology
- Congressional oversight
- Consumer affairs
- Criminal justice information and records
- Dental care
- Department of Health and Human Services
- Digestive and metabolic diseases
- Disability and health-based discrimination
- Domestic violence and child abuse
- Drug, alcohol, tobacco use
- Emergency communications systems
- Emergency medical services and trauma care
- Employee benefits and pensions
- Employment and training programs
- Employment discrimination and employee rights
- Executive agency funding and structure
- Family planning and birth control
- Family relationships
- Food industry and services
- Food supply, safety, and labeling
- Fraud offenses and financial crimes
- Government employee pay, benefits, personnel management
- Government information and archives
- Government lending and loan guarantees
- Government studies and investigations
- Government trust funds
- Hawaii
- Health
- Health care costs and insurance
- Health care coverage and access
- Health care quality
- Health facilities and institutions
- Health information and medical records
- Health personnel
- Health programs administration and funding
- Health promotion and preventive care
- Health technology, devices, supplies
- Hearing, speech, and vision care
- HIV/AIDS
- Home and outpatient care
- Homeland security
- Hospital care
- Immigrant health and welfare
- Immunology and vaccination
- Income tax credits
- Income tax deductions
- Income tax exclusion
- Income tax rates
- Indian social and development programs
- Infectious and parasitic diseases
- Insurance industry and regulation
- Intellectual property
- Interest, dividends, interest rates
- Intergovernmental relations
- Licensing and registrations
- Long-term, rehabilitative, and terminal care
- Marketing and advertising
- Marshall Islands
- Medicaid
- Medical education
- Medical ethics
- Medical research
- Medical tests and diagnostic methods
- Medicare
- Members of Congress
- Mental health
- Micronesia
- Military medicine
- Minority health
- Neurological disorders
- Nursing
- Nutrition and diet
- Oceania
- Palau
- Personnel records
- Poverty and welfare assistance
- Prescription drugs
- Public contracts and procurement
- Right of privacy
- Rural conditions and development
- Sales and excise taxes
- Sex and reproductive health
- Small business
- Social work, volunteer service, charitable organizations
- State and local government operations
- Student aid and college costs
- Surgery and anesthesia
- Tax administration and collection, taxpayers
- Teaching, teachers, curricula
- U.S. territories and protectorates
- User charges and fees
- Veterans' education, employment, rehabilitation
- Veterans' medical care
- Women's health
Text 5
Each version as it was printed, newest first.
- —Enrolled Bill
- Jun 18, 2010Engrossed Amendment Senate
- Nov 16, 2009Placed on Calendar Senate
- Nov 7, 2009Engrossed in House
- Oct 29, 2009Introduced in House
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.
