United States 117th Congress Status: In Committee 1 R cosponsors

HR 3589 — Better Way for Providers To Repay Act of 2021

Last action — Referred to the Subcommittee on Health.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Better Way for Providers To Repay Act of 2021 This bill modifies recoupment provisions under the Medicare Accelerated and Advance Payment Program during the public health emergency relating to COVID-19. The program provides Medicare payments in advance to eligible providers experiencing claims or cash flow disruptions, such as during national emergencies; the program was specifically expanded in response to COVID-19 to encompass more types of providers, subject to certain recoupment and repayment provisions. The bill provides for an additional one year before recoupment of advance payments (through claims offsets) begins, so that recoupment begins two years (rather than one year) after payments are made. The bill also applies repayments that providers have already made toward the collection of offsets for a corresponding amount of time.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Social security · 42 U.S.C. ch. 7 1 section
  • § 1395g Payments to providers of services Amends

    42 U.S.C. § 1395g — at 1395g(f)(2)(C)

    The law today

    (a) Determination of amount The Secretary shall periodically determine the amount which should be paid under this part to each provider of services with respect to the services furnished by it, and the provider of services shall be paid, at such time or times as the Secretary believes appropriate (but not less often than monthly) and prior to audit or settlement by the Government Accountability Office, from the Federal Hospital Insurance Trust Fund, the amounts so determined, with necessary adjustments on account of previously made overpayments or underpayments; except that no such payments shall be made to any provider unless it has furnished such information as the Secretary may request in order to determine the amounts due such provider under this part for the period with respect to which the amounts are being paid or any prior period. (b) Conditions No payment shall be made to a provider of services which is a hospital for or with respect to services furnished by it for any period with respect to which it is deemed, under section 1395x(w)(2) of this title, to have in effect an arrangement with a quality improvement organization for the conduct of utilization review activities by such organization unless such hospital has paid to such organization the amount due (as determined pursuant to such section) to such organization for the review activities conducted by it pursuant to such arrangements or such hospital has provided assurances satisfactory to the Secretary that such organization will promptly be paid the amount so due to it from the proceeds of the payment claimed by the hospital. Payment under this subchapter for utilization review activities provided by a quality improvement organization pursuant to an arrangement or deemed arrangement with a hospital under section 1395x(w)(2) of this title shall be calculated without any requirement that the reasonable cost of such activities be apportioned among the patients of such hospital, if any, to whom such activities were not applicable. (c) Payments under assignment or power of attorney No payment which may be made to a provider of services under this subchapter for any service furnished to an individual shall be made to any other person under an assignment or power of attorney; but nothing in this subsection shall be construed (1) to prevent the making of such a payment in accordance with an assignment from the provider if such assignment is made to a governmental agency or entity or is established by or pursuant to the order of a court of competent jurisdiction, or (2) to preclude an agent of the provider of services from receiving any such payment if (but only if) such agent does so pursuant to an agency agreement under which the compensation to be paid to the agent for his services for or in connection with the billing or collection of payments due such provider under this subchapter is unrelated (directly or indirectly) to the amount of such payments or the billings therefor, and is not dependent upon the actual collection of any such payment. (d) Accrual of interest on balance of excess or deficit not paid Whenever a final determination is made that the amount of payment made under this part to a provider of services was in excess of or less than the amount of payment that is due, and payment of such excess or deficit is not made (or effected by offset) within 30 days of the date of the determination, interest shall accrue on the balance of such excess or deficit not paid or offset (to the extent that the balance is owed by or owing to the provider) at a rate determined in accordance with the regulations of the Secretary of the Treasury applicable to charges for late payments (or, in the case of such a determination made with respect to a payment made on or after March 27, 2020, and during the emergency period described in section 1320b–5(g)(1)(B) of this title under the program under subsection (e)(3), including such program as expanded pursuant to subsection (f...

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

8 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill extends the delay for recoupment of certain Medicare payments from 1 year to 2 years.

  • 42 U.S.C. 1395g(f)(2)(C)

    ``1 year'' → ``2 years''

    Increases the delay in recoupment of payments from 1 year to 2 years.

  • 42 U.S.C. 1395g(f)(2)(C)

    and → and

    Adds continuation of the list of clauses without changing existing law.

  • 42 U.S.C. 1395g(f)(2)(C)

    . → ; and

    Introduces a new clause by changing the punctuation.

  • 42 U.S.C. 1395g(f)(2)(C)

    ``(iv) in the case such hospital has submitted any payment to the Secretary for payments under such program, suspend any offset described in clause (i) for a period of time such that the aggregate amount of any payments so submitted equals the aggregate amount of such offsets that would have been made during such period had this clause not applied.''

    Adds a new provision allowing hospitals to suspend offsets for payments submitted.

  • Public Law 116-159

    ``1 year'' → ``2 years''

    Increases the delay in recoupment of payments from 1 year to 2 years under Part B.

  • Public Law 116-159

    and → and

    Adds continuation of the list of clauses without changing existing law under Part B.

  • Public Law 116-159

    . → ; and

    Introduces a new clause by changing the punctuation under Part B.

  • Public Law 116-159

    ``(iv) in the case such provider or supplier has submitted any payment to the Secretary for payments under such program, suspend any offset described in clause (i) for a period of time such that the aggregate amount of any payments so submitted equals the aggregate amount of such offsets that would have been made during such period had this clause not applied.''

    Adds a new provision allowing providers or suppliers to suspend offsets for payments submitted under Part B.

Action History

  1. Referred to the Subcommittee on Health.

  2. Introduced in House

  3. Introduced in House

  4. Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.

  5. Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 3589 do?
Better Way for Providers To Repay Act of 2021 This bill modifies recoupment provisions under the Medicare Accelerated and Advance Payment Program during the public health emergency relating to COVID-19. The program provides Medicare payments in advance to eligible providers experiencing claims or cash flow disruptions, such as during national emergencies; the program was specifically expanded in response to COVID-19 to encompass more types of providers, subject to certain recoupment and repayment provisions. The bill provides for an additional one year before recoupment of advance payments (through claims offsets) begins, so that recoupment begins two years (rather than one year) after payments are made. The bill also applies repayments that providers have already made toward the collection of offsets for a corresponding amount of time.
Who sponsors HR 3589?
HR 3589 is sponsored by Issa, Darrell (Republican).
What is the current status of HR 3589?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 3589?
Track HR 3589 free on One Click Politics — get push/email alerts when it moves.

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