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H.R. 6144, Removing Waste and Protecting Medicare Act

Summary

H. R. 6144, the Removing Waste and Protecting Medicare Act, was introduced in the House of Representatives on December 7, 2021, by Smith of Missouri and other members. It is a bill to delay and offset the sequester to occur in January 2022 under the Statutory Pay-As-You-Go Act of 2010. Section 2 provides that no sequester is ordered during calendar year 2022. The offsets in section 3 reinstate the public charge rule and the SNAP work requirements rule, add Social Security number requirements for the child tax credit, and permanently rescind $53,500,000,000 of unobligated Coronavirus State and Local Fiscal Recovery funds. Later sections address Medicare sequestration, clinical lab services, the radiation oncology model, and the Medicare Improvement Fund.

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Congressional materials
Document type
Bills Bills 117Hr6144Ih Bills 117Hr6144Ih
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Bills Bills 117Hr6144Ih Bills 117Hr6144Ih

Cite this document

“H.R. 6144, Removing Waste and Protecting Medicare Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr6144ih-bills-117hr6144ih/, SHA-256 d5b5b0f0c1a55fef0491028c77bd19fd18c07a66e90527c2c2728dcaeee90c71.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                            H. R. 6144
                                                                             To delay and offset the sequester to occur in January 2022 under the
                                                                                Statutory Pay-As-You-Go Act of 2010, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                      DECEMBER 7, 2021
                                                                       Mr. SMITH of Missouri (for himself, Mr. BRADY, Mrs. RODGERS of Wash-
                                                                           ington, Mr. BURGESS, Mr. WENSTRUP, Mr. BUCSHON, Mr. CARTER of
                                                                           Georgia, Mr. HARRIS, Mr. VAN DREW, Mr. MURPHY of North Carolina,
                                                                           and Mr. JOYCE of Pennsylvania) introduced the following bill; which was
                                                                           referred to the Committee on Ways and Means, and in addition to the
                                                                           Committees on the Budget, Energy and Commerce, the Judiciary, Agri-
                                                                           culture, and Oversight and Reform, for a period to be subsequently deter-
                                                                           mined by the Speaker, in each case for consideration of such provisions
                                                                           as fall within the jurisdiction of the committee concerned




                                                                                                                 A BILL
                                                                       To delay and offset the sequester to occur in January 2022
                                                                          under the Statutory Pay-As-You-Go Act of 2010, and
                                                                          for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Removing Waste and




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                                                                         5 Protecting Medicare Act’’.




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                                                                         1     SEC. 2. PAYGO ACT SEQUESTER DELAY.

                                                                         2              No sequester shall be ordered during calendar year
                                                                         3 2022 after Congress adjourns to end the 1st session of
                                                                         4 the 117th Congress under section 5 of the Statutory Pay-
                                                                         5 As-You-Go Act of 2010.
                                                                         6     SEC. 3. OFFSET OF SEQUESTER DELAY.

                                                                         7              (a) REINSTATEMENT OF PUBLIC CHARGE RULE.—
                                                                         8 The rule relating to inadmissibility on public charge
                                                                         9 grounds (84 Fed. Reg. 41292, published on August 14,
                                                                       10 2019) as in effect on October 15, 2019, shall be consid-
                                                                       11 ered to be in effect as of the date of enactment of this
                                                                       12 Act, and the Department of Homeland Security shall re-
                                                                       13 implement such rule as soon as may be practicable.
                                                                       14               (b) SOCIAL SECURITY NUMBER REQUIREMENTS FOR
                                                                       15 CHILD TAX CREDIT.—
                                                                       16                        (1) IN GENERAL.—Section 24(e) of the Internal
                                                                       17               Revenue Code of 1986 is amended to read as fol-
                                                                       18               lows:
                                                                       19               ‘‘(e) SOCIAL SECURITY NUMBER REQUIREMENTS.—
                                                                       20                        ‘‘(1) TAXPAYER.—No credit shall be allowed
                                                                       21               under this section to any taxpayer who does not in-
                                                                       22               clude on the return of tax for the taxable year—
                                                                       23                                  ‘‘(A) such individual’s social security num-
                                                                       24                        ber, and




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                                                                       25                                  ‘‘(B) if the individual is married, the social
                                                                       26                        security number of such individual’s spouse.
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                                                                         1                       ‘‘(2) QUALIFYING CHILDREN.—No credit shall
                                                                         2              be allowed under this section to a taxpayer with re-
                                                                         3              spect to any qualifying child unless the taxpayer in-
                                                                         4              cludes the social security number of such child on
                                                                         5              the return of tax for the taxable year.
                                                                         6                       ‘‘(3) SOCIAL                SECURITY              NUMBER.—For            pur-
                                                                         7              poses of this subsection, the term ‘social security
                                                                         8              number’ means a social security number issued to an
                                                                         9              individual by the Social Security Administration, but
                                                                       10               only if the social security number is issued—
                                                                       11                                  ‘‘(A) to a citizen of the United States or
                                                                       12                        pursuant to subclause (I) (or that portion of
                                                                       13                        subclause (III) that relates to subclause (I)) of
                                                                       14                        section 205(c)(2)(B)(i) of the Social Security
                                                                       15                        Act, and
                                                                       16                                  ‘‘(B) before the due date of the return of
                                                                       17                        tax referred to in paragraph (1) or (2), as the
                                                                       18                        case may be.’’.
                                                                       19                        (2) CONFORMING AMENDMENT.—Section 24(h)
                                                                       20               of such Code is amended by striking paragraph (7).
                                                                       21                        (3) EFFECTIVE DATE.—The amendments made
                                                                       22               by this subsection shall apply to taxable years begin-
                                                                       23               ning after December 31, 2021.
                                                                       24               (c) REINSTATEMENT OF SNAP WORK REQUIRE-



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                                                                       25      MENT         RULE.—The rule relating to work requirements


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                                                                         1 under the Supplemental Nutrition Assistance Program
                                                                         2 (84 Fed. Reg. 66782, published on December 5, 2019)
                                                                         3 as in effect on April 1, 2020, shall be considered to be
                                                                         4 in effect as of the date of enactment of this Act, and the
                                                                         5 Department of Agriculture shall reimplement such rule as
                                                                         6 soon as may be practicable.
                                                                         7              (d) RESCISSION OF CORONAVIRUS STATE AND LOCAL
                                                                         8 FISCAL RECOVERY FUNDS.—Of the total amount of unob-
                                                                         9 ligated amounts available under sections 602 and 603 of
                                                                       10 title VI of the Social Security Act, $53,500,000,000 are
                                                                       11 hereby permanently rescinded.
                                                                       12               (e) RESCISSION OF CAPITAL PROJECTS FUNDS.—
                                                                       13 The total amount of unobligated amounts available under
                                                                       14 section 604 of title VI of the Social Security Act are here-
                                                                       15 by permanently rescinded.
                                                                       16      SEC. 4. ADJUSTMENTS TO MEDICARE PROGRAM SEQUES-

                                                                       17                              TRATION REDUCTION WITH RESPECT TO FIS-

                                                                       18                              CAL YEAR 2022.

                                                                       19               (a) EXTENSION.—
                                                                       20                        (1) IN GENERAL.—Section 3709(a) of division
                                                                       21               A of the CARES Act (2 U.S.C. 901a note) is
                                                                       22               amended by striking ‘‘December 31, 2021’’ and in-
                                                                       23               serting ‘‘March 31, 2022’’.




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                                                                         1                       (2) EFFECTIVE DATE.—The amendments made
                                                                         2              by paragraph (1) shall take effect as if enacted as
                                                                         3              part of the CARES Act (Public Law 116–136).
                                                                         4              (b) ADJUSTMENT.—Section 251A(6) of the Balanced
                                                                         5 Budget and Emergency Deficit Control Act of 1985 (2
                                                                         6 U.S.C. 901a(6)) is amended—
                                                                         7                       (1) by redesignating subparagraph (C) as sub-
                                                                         8              paragraph (D); and
                                                                         9                       (2) by inserting after subparagraph (B) the fol-
                                                                       10               lowing:
                                                                       11                                  ‘‘(C) Notwithstanding the 2 percent limit
                                                                       12                        specified in subparagraph (A) for payments for
                                                                       13                        the Medicare programs specified in section
                                                                       14                        256(d), the sequestration order of the President
                                                                       15                        under such subparagraph for fiscal year 2022
                                                                       16                        shall be applied to such payments so that with
                                                                       17                        respect to the period beginning on April 1,
                                                                       18                        2022, and ending on June 30, 2022, the pay-
                                                                       19                        ment reduction shall be 1.0 percent.’’.
                                                                       20      SEC. 5. EXTENSION OF SUPPORT FOR PHYSICIANS AND

                                                                       21                              OTHER PROFESSIONALS IN ADJUSTING TO

                                                                       22                              MEDICARE PAYMENT CHANGES.

                                                                       23               (a) IN GENERAL.—Section 1848 of the Social Secu-
                                                                       24 rity Act (42 U.S.C. 1395w–4) is amended—



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                                                                         1                       (1) in subsection (c)(2)(B)(iv)(V), by striking
                                                                         2              ‘‘2021’’ and inserting ‘‘2021 or 2022’’; and
                                                                         3                       (2) in subsection (t)—
                                                                         4                                 (A) in the subsection header, by striking
                                                                         5                       ‘‘2021’’ and inserting ‘‘2021 AND 2022’’;
                                                                         6                                 (B) in paragraph (1)—
                                                                         7                                        (i) by striking ‘‘during 2021’’ and in-
                                                                         8                                 serting ‘‘during 2021 and 2022’’; and
                                                                         9                                        (ii) by striking ‘‘for such services fur-
                                                                       10                                  nished on or after January 1, 2021, and
                                                                       11                                  before January 1, 2022, by 3.75 percent.’’
                                                                       12                                  and inserting ‘‘for—
                                                                       13                                  ‘‘(A) such services furnished on or after
                                                                       14                        January 1, 2021, and before January 1, 2022,
                                                                       15                        by 3.75 percent; and
                                                                       16                                  ‘‘(B) such services furnished on or after
                                                                       17                        January 1, 2022, and before January 1, 2023,
                                                                       18                        by 3.0 percent.’’; and
                                                                       19                                  (C) in paragraph (2)(C)—
                                                                       20                                         (i) in the subparagraph header, by
                                                                       21                                  striking ‘‘2021’’ and inserting ‘‘2021 AND
                                                                       22                                  2022’’;

                                                                       23                                         (ii) by inserting ‘‘for services fur-
                                                                       24                                  nished in 2021 or 2022’’ after ‘‘under this



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                                                                       25                                  subsection’’; and


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                                                                         1                                        (iii) by inserting ‘‘or 2022, respec-
                                                                         2                                 tively’’ before the period at the end.
                                                                         3              (b) REPORT.—Section 101(c) of division N of the
                                                                         4 Consolidated Appropriations Act, 2021 (Public Law 116–
                                                                         5 260) is amended—
                                                                         6                       (1) in the first sentence—
                                                                         7                                 (A) by striking ‘‘April 1, 2022’’ and insert-
                                                                         8                       ing ‘‘each of April 1, 2022, and April 1, 2023’’;
                                                                         9                       and
                                                                       10                                  (B) by striking ‘‘, as added by subsection
                                                                       11                        (a)’’ and inserting ‘‘furnished during 2021 or
                                                                       12                        2022, respectively’’; and
                                                                       13                        (2) in the second sentence—
                                                                       14                                  (A) by striking ‘‘Such report’’ and insert-
                                                                       15                        ing ‘‘Each such report’’; and
                                                                       16                                  (B) by inserting ‘‘with respect to 2021 or
                                                                       17                        2022, as applicable’’ after ‘‘under such sec-
                                                                       18                        tion’’.
                                                                       19      SEC. 6. PRESERVING PATIENT ACCESS TO CRITICAL CLIN-

                                                                       20                              ICAL LAB SERVICES.

                                                                       21               (a) REVISED PHASE-IN OF REDUCTIONS FROM PRI-
                                                                       22      VATE              PAYOR             RATE               IMPLEMENTATION.—Section
                                                                       23 1834A(b)(3) of the Social Security Act (42 U.S.C.
                                                                       24 1395m–1(b)(3)) is amended—



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                                                                         1                       (1) in subparagraph (A), by striking ‘‘through
                                                                         2              2024’’ and inserting ‘‘through 2025’’; and
                                                                         3                       (2) in subparagraph (B)—
                                                                         4                                 (A) in clause (ii), by striking ‘‘for 2021’’
                                                                         5                       and inserting ‘‘for each of 2021 and 2022’’;
                                                                         6                       and
                                                                         7                                 (B) in clause (iii), by striking ‘‘2022
                                                                         8                       through 2024’’ and inserting ‘‘2023 through
                                                                         9                       2025’’.
                                                                       10               (b) REVISED REPORTING PERIOD FOR REPORTING
                                                                       11      OF PRIVATE SECTOR PAYMENT RATES FOR ESTABLISH-

                                                                       12      MENT             OF         MEDICARE                   PAYMENT              RATES.—Section
                                                                       13 1834A(a)(1)(B) of the Social Security Act (42 U.S.C.
                                                                       14 1395m–1(a)(1)(B)) is amended—
                                                                       15                        (1) in clause (i), by striking ‘‘December 31,
                                                                       16               2021’’ and inserting ‘‘December 31, 2022’’; and
                                                                       17                        (2) in clause (ii)—
                                                                       18                                  (A) by striking ‘‘January 1, 2022’’ and in-
                                                                       19                        serting ‘‘January 1, 2023’’; and
                                                                       20                                  (B) by striking ‘‘March 31, 2022’’ and in-
                                                                       21                        serting ‘‘March 31, 2023’’.




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                                                                         1     SEC. 7. DELAY TO THE IMPLEMENTATION OF THE RADI-

                                                                         2                             ATION ONCOLOGY MODEL UNDER THE MEDI-

                                                                         3                             CARE PROGRAM.

                                                                         4              Section 133 of Division CC of the Consolidated Ap-
                                                                         5 propriations Act, 2021 (Public Law 116–260) is amended
                                                                         6 by striking ‘‘January 1, 2022’’ and inserting ‘‘January 1,
                                                                         7 2023’’.
                                                                         8     SEC. 8. MEDICARE IMPROVEMENT FUND.

                                                                         9              Section 1898(b)(1) of the Social Security Act (42
                                                                       10 U.S.C. 1395iii(b)(1)) is amended by striking ‘‘fiscal year
                                                                       11 2021’’ and all that follows through the period at the end
                                                                       12 and inserting ‘‘fiscal year 2021, $102,000,000.’’.
                                                                                                                                  Æ




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