S 1251 · 112th Congress 2011โ€“2013, ended

Medicare and Medicaid FAST Act

Latest action · Jun 22, 2011 Read twice and referred to the Committee on Finance.

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. IntroducedJun 22, 2011
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayers' Dollars Act or Medicare and Medicaid FAST Act - Amends part D (Prescription Drug Benefits) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to prohibit sponsors of prescription drug plans (PDPs) from paying claims for prescription drugs that do not include the valid National Provider Identifier for the drug's prescriber.

Directs the Secretary of HHS to establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter fraudulent use of it.

Amends SSA title XIX (Medicaid), for any state that has established a State Prescription Drug Monitoring Program meeting certain requirements, to decrease by 10% the federal medical assistance percentage (FMAP) with respect to any amounts recovered by or paid to the state related to an overpayment due to fraud, waste, or abuse. Allows the state to use such amounts to support its State Prescription Drug Monitoring Program.

Directs the Secretary of HHS and the Attorney General jointly to establish a Commission to examine interoperability and other issues related to State Prescription Drug Monitoring Programs.

Directs the Attorney General to: (1) update daily the Drug Enforcement Administration (DEA) database of persons registered to manufacture, distribute, or dispense a controlled substance under the Controlled Substances Act to reflect any changes in the information in the Death Master File of the Social Security Administration; (2) agree with the Commissioner of Social Security to obtain death information in order to update such database; (3) establish procedures and rules to restrict access to the database to deter its fraudulent use; and (4) establish procedures and rules to review and investigate pharmacy claims under Medicare part D that contain a registration number not assigned to a practitioner by the Attorney General under the Controlled Substances Act.

Amends SSA title XVIII to require certain annual reports to describe the types and financial costs to the Medicare program of improper payment vulnerabilities identified by Recovery Audit Contractors (RACs).

Requires the Secretary of HHS to develop a plan to revise the beneficiary incentive program under the Health Instance Portability and Accountability Act of 1996 (HIPAA) to encourage greater participation by individuals in reporting fraud and abuse in the Medicare program.

Requires the Secretary of HHS to: (1) establish and implement procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries; and (2) ensure that each newly issued Medicare identification card meets specified requirements.

Directs the Secretary of HHS to establish a pilot program utilizing smart card technology to evaluate its applicability to the Medicare program and whether such cards would be effective in preventing Medicare fraud.

Directs the Secretary of HHS to establish policies and procedures for prepayment review, which may include pre-certification, for all claims for reimbursement for durable medical equipment (DME) at high risk of waste, fraud, and abuse, including power wheelchairs.

Requires the Secretary of HHS, the HHS Inspector General, and the Attorney General to increase coordination and data sharing.

Directs the Secretary of HHS to establish: (1) automated prepayment review of all Medicare claims, (2) a plan to facilitate the inclusion of states in the Medicare-Medicaid Data Match Program, and (3) a plan that allows each state Medicaid agency access to relevant data on improper or erroneous Medicare payments for items or services for dual eligible individuals.

Prohibits Medicaid payments as well as payments under SSA title XXI (State Children's Health Insurance Program) (CHIP) unless a claim contains a valid beneficiary identification number and a valid National Provider Identifier.

Directs the Secretary to establish Medicare administrative contractor error reduction incentives.

Requires the provider enrollment process and provider screening to be separate from any contract to serve as a Medicare administrative contractor.

Directs the Secretary of HHS to report to Congress on measurable metrics for improving Medicare contractor performance.

Amends SSA title XI to establish penalties for the illegal distribution of a Medicare, Medicaid, or CHIP beneficiary identification number or billing privileges.


Cosponsors 37

Members who signed on, in the order they did. Signatures ran from Jun 22, 2011 to Jun 28, 2012; 7 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MNAmy KlobucharOriginalJun 22, 2011
R-TNBob CorkerOriginalJun 22, 2011
R-SDJohn ThuneOriginalJun 22, 2011
R-WYMichael B. EnziOriginalJun 22, 2011
D-COMichael F. BennetOriginalJun 22, 2011
R-MAScott P. BrownOriginalJun 22, 2011
R-OKTom CoburnOriginalJun 22, 2011
D-DEChristopher A. CoonsJul 13, 2011
R-TXJohn CornynJul 27, 2011
R-IAChuck GrassleyJul 28, 2011
R-INDaniel CoatsJul 28, 2011
R-OKJames M. InhofeJul 28, 2011
R-ALJeff SessionsJul 28, 2011
R-GAJohnny IsaksonJul 28, 2011
R-AZJon KylJul 28, 2011
R-MSRoger F. WickerJul 28, 2011
R-WIRon JohnsonJul 28, 2011
R-MORoy BluntJul 28, 2011
R-ILMark KirkSep 21, 2011
R-NEMike JohannsSep 21, 2011
R-NCRichard BurrSep 21, 2011
R-GASaxby ChamblissSep 21, 2011
D-MOClaire McCaskillSep 26, 2011
I-CTJoseph I. LiebermanOct 3, 2011
D-AKMark BegichOct 3, 2011
D-VAMark R. WarnerOct 3, 2011
D-LAMary L. LandrieuOct 3, 2011
R-NDJohn HoevenOct 12, 2011
D-MTJon TesterNov 3, 2011
R-WYJohn BarrassoNov 8, 2011
R-NVDean HellerNov 9, 2011
D-WVJoe Manchin IIINov 16, 2011
D-RISheldon WhitehouseJan 24, 2012
D-NDKent ConradFeb 28, 2012
R-IDMike CrapoApr 23, 2012
R-NHKelly AyotteMay 8, 2012
R-MEOlympia J. SnoweJun 28, 2012

Committees 1

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

ChamberCommitteeWhat it did
SenateFinance Committee
Referred Jun 22, 2011

Actions 2

Everything that happened, newest first.

  1. Jun 22, 2011Introduced in Senate
  2. Jun 22, 2011Read twice and referred to the Committee on Finance.

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.

Printed hearings 2

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

NumberHearingCommitteeHeld
Serial No. 112-130SOLUTIONS NEEDED: IMPROPER PAYMENTS TOTAL $115 BILLION IN FEDERAL MISSPENDING65 pagesOversight and Government Reform CommitteeFeb 7, 2012
S. Hrg. 112-455COSTS OF PRESCRIPTION DRUG ABUSE IN THE MEDICARE PART D PROGRAM106 pagesHomeland Security and Governmental Affairs CommitteeOct 4, 2011

Related bills 2

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

BillTitleRelationshipLatest action
S 1275Social Security Number Protection Act of 2011Related billJun 23, 2011
HR 3399Medicare and Medicaid FAST ActRelated billNov 21, 2011

Titles 3

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

Official Title as Introduced
A bill to amend title XVIII and XIX of the Social Security Act to curb waste, fraud, and abuse in the Medicare and Medicaid programs.
Short Titles as Introduced
Medicare and Medicaid FAST Act
Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayers' Dollars Act

Subjects

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

Text 1

Each version as it was printed, newest first.

  1. Jun 22, 2011Introduced in Senate

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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.