Bradley in DC
Member
- Joined
- May 18, 2007
- Messages
- 12,279
I'm sorry if this isn't going to transcribe well, but it's from a spreadsheet showing the list of amendments from Senate Finance Cmte.
Sheet1
A B C D E
1 Senate Finance Committee Amendments 2009
2 Wednesday (9/23/2009)
3 Amendment Sponsor Amdt # (SFC #) Pass/Fail? Description of Amdt Comments about votes
4 Bunning C4 (397) Fail (11-12) Transparency Amdt: would have required that actual legislative text (not the conceptual draft) and a final CBO score be posted for a nominal 72 hours on the Committee website for fair public review before the Senate Finance Committee could vote on final passage. Party line except for B. Lincoln
5 Baucus modification of Bunning C4 Pass (13-10) Baucus modification of Bunning C4: to just post the “conceptual language” and a “complete cost analysis from CBO” ahead of the Committee vote on final passage.
Party line
6 Kyl D1 (124) Fail (not germane) Protecting Seniors' Access to Medicare Benefits and HC Providers With 2/3 of Committee not agreeing, amendment is ruled out of order due to not being germane.
7 Roberts D9 (145) Thrown out (Nays - 11
Ayes - 10) To prevent health care reform from being paid for on the backs of our most vulnerable and frail seniors in nursing homes. Roberts D9 as modified: Strikes provisions that reduce or have the effect of reducing financing for Medicare. Amendment failed on a point of order. Party line: Without 2/3 of those present voting in the affirmative, the Chairman's ruling is sustained. The amendment is thrown out.
8 Hatch D7 (117) Fail (9-14) This amendment would strike the Medicare Advantage provisions of the Chairman’s mark if it the Chief Actuary of CMS certifies that beneficiaries currently participating in the Medicare Advantage program will lose Medicare-covered plan benefits when the Medicare Part C reductions are implemented by the Centers of Medicare and Medicaid Services. The Chief Actuary of CMS is required to make this certification 3 months after the enactment of the health reform bill. Party line and Snowe voted w/dems
9 Baucus alternative to Hatch Pass (14-9) Chairman's Alternative to Hatch Amdt Party line and Snowe voted w/dems
10 Kyl C4 (371) Fail (PoO) Prohibit the federal government's takeover of health care Kyl C4 as modified: Strikes provisions in Title III (with the exception of provisions which impact delivery system reforms, the SGR, and rural health) which would have the effect of eliminating the cuts to Medicare. Baucus raised a point of order because it was not offset, even though the offset is needed to fund a new health care entitlement. Amendment failed on the point of order.
11 Menendez D2 (99) Agreed to by Voice Vote Designation of Urban Medicare-Dependent Hospitals (UMDH): Provide a special Medicare add-on payment for hospitals receiving the designation of urban Medicare-dependent hospitals. To qualify as an UMDH, a hospital would have to: (1) be located in an urban area; (2) have over 60 percent of its inpatient days or discharges covered by Medicare; and (3) not receive another type of mitigating payment, such as IME, DSH, RRC, CAH, SCH, and MDH payments.
The payment would be similar to the existing payment for rural MDHs – i.e., PPS payments plus 75 percent of the difference between those payments and a hospital-specific rate based on each hospital‘s costs in a previous year, trended forward for inflation. The methodology would use the higher of 2002 or 2006 costs as the base year costs for those hospitals. In addition, this amendment would be budget neutral because it would require the Secretary to ensure that aggregate payments to PPS hospitals are not, as a result of this provision, greater than would have otherwise been paid.
12 Kyl D6 (129) Fail (10-13) Ensuring Seniors Can Keep Their Coverage if They Like It: No provision to HIPAA or any other entity to discourage health insurance companies to inform their beneficiaries about legislation that will affect them. This amendment also includes safe harbor provisions
13 Ensign D6 (151) Pass (21 Ayes, 2 Passes) Medicare Savings Should be Kept within Medicare:The Amendment would require all of the Medicare savings achieved under the Chairman‘s Mark to be used to restore the solvency of the Medicare program Pass: Conrad and John Kerry
14 Cornyn D6 (165) Fail Ensuring Spending Accuracy: Description: Strike the Medicare Commission in Title II, Subtitle D of the Chairman‘s Mark.Offset: Reduction in spending under the Mark Party line and Snowe voted w/dems
15 Kyl D7 (130) Thrown out Prohibiting a Federal Rationing Board-amdt thrown out! With 2/3 of the Committee not voting in the affirmative, the Chairman's ruling is sustained. The amendment is throw out.
16 Grassley D4 (110) Agreed to by Voice Vote Short Title: Improve Governance of Patient-Centered Outcomes Research Institute
Purpose: To remove cabinet secretaries and other high-ranking government officials from the PCORIs board
Background: The Chairmans Mark creates the PCORI to conduct comparative effectiveness research. Oversight and reforms of the American Red Cross and the Smithsonian Institution have proven that cabinet secretaries and other high-ranking government officials frequently are not able to properly fulfill their roles and responsibilities as board members.
Description: This amendment would strike the provisions requiring the Secretary of Health and Human Services, the Director of NIH and other high-ranking government officials, including elected officials and appointees, to be members of the board of the PCORI.
17 Stabenow D19 (84) Agreed to by Chairman To protect our nation‘s seniors from abuse and assist nursing homes The amendment is the same as S.631, the Patient Safety and Abuse Prevention Act, and was passed by the Finance Committee in the last Congress.
18 Ensign D4 (149) Thrown out Short Title: Increased FMAP for Medical Liability Reform; Description of Amendment: The amendment will insert language in Title III, Subtitle H of the Chairman‘s Mark to provide any state that enacts the medical liability limits reforms consistent with the provisions described below shall be eligible for a Federal Medical Assistance Percentage (FMAP) increase for two years for children. The FMAP increase would be paid for by reducing the federal poverty level threshold for tax credits in the bill by the amount necessary. With 2/3 of the Committee not voting in the affirmative, the Chairman's
ruling is sustained. The amendment is throw out. 10 - Nays, 6 - Ayes
(party-line otherwise)
19 Cornyn D13 (172) Thrown out Short Title: Limiting Non-Economic Damages in Medical Liability Lawsuits; Description of Amendment: Any state receiving funding under Medicaid shall enact a limit on total non economic damages against doctors and health care facilities of one million dollars or less.
With 2/3 of the Committee not voting in the affirmative, the Chairman's
ruling is sustained. The amendment is throw out. 11 - Nays, 6 - Ayes; (party-line otherwise)
20 Kyl C25 (392) Thrown out Short Title: Medical Liability Reform; Description of Amendment: This amendment would limit noneconomic damages in a civil medical liability lawsuit to $250,000 from any provider or health care institution, not to exceed $500,000 from all providers and health care institutions. It would also make each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. With 2/3 of the Committee not voting in the affirmative, the Chairman's
ruling is sustained. The amendment is throw out; 10 - Nays, 7 - Ayes; party-line
21 Carper (Rockefeller) D3 (104) Agreed to by Voice Vote To extend the length of time states have to repay the federal share of a Medicaid overpayment. Description of Amendment: Under current law, states have to repay the federal share of any overpayments within 60 days of discovery; however, collections of overpayments especially in fraud cases seldom occur that fast.
22 Schumer D1 (61) Agreed to by Voice Vote
Schumer Amendment #D1 to Title III, Subtitle B ; Short Title: Affordable Biosimilars Reimbursement Equity Amendment; Description of Amendment:
The Medicare Modernization Act established that every biologic drug be assigned its own billing code. For Part B drugs this means each brand name biologic drug has its own Average Sales Price (ASP). To ensure that patients and the Medicare program utilize biosimilars appropriately, this amendment will create parity between brand name biologics and biosimilars and save patients and Medicare money. The amendment allows a Part B biosimilar product approved by the Food and Drug Administration and assigned a separate billing code to be reimbursed at the ASP of the biosimilar plus six percent of the ASP of the reference product.
23 Bingaman C7 (219) Agreed to by Voice Vote Protection for Individuals Seeking an Affordability Waiver from Employer Sponsored Insurance; Summary:Removes the requirement that individuals must ―present affordability waivers to employers.
24 Stabenow (Wyden, Kerry) C2 (274) Agreed to by Voice Vote Stabenow-Wyden-Kerry Amendment C-2 to the Chairman’s Mark; Short title/purpose: To ensure parity for mental health services within the exchange; Description of Amendment: The Chairman‘s mark authorizes a minimum benefit basic package – including mental and substance abuse services– that must be offered by health insurance plans participating in the State Exchanges. While the mark states that services offered through the four benefit categories must ―meet minimum standards set by Federal and state laws,‖ it is unclear whether The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (P.L. 110-343) applies to mental health and substance abuse services offered through State Exchange plans. The amendment would clarify the application of mental health and addiction parity to these new plans in all four benefit categories. This amendment would clarify the application of the federal Wellstone/Domenici mental health and addiction parity requirement to plans offered through State Exchanges by including a specific statutory cross reference to P.L. 110-343.
25 Cornyn D2 (161) Not Agreed to by Voice Vote Cornyn Amendment #D2 to Americas Healthy Future Act of 2009
Short Title: Ensuring Medicaid beneficiaries have access to a doctor; Description of Amendment: Prior to implementing the mandatory Medicaid program expansions in the Chairmans Mark, the Secretary of Health and Human Services must certify that at least 75 percent of physicians in the country accept Medicaid patients.
26 Cornyn D4 (163) Not Agreed to by Voice Vote Short Title: Ensuring seniors have access to physicians beyond 2010; Description of Amendment: Provide a positive update for physicians reimbursed under the Medicare fee schedule beyond 2011.
27 Cornyn D5 (164) Withdrawn, will discuss later after work with Baucus and Snowe
Short Title: The Patient‘s Right to Information on Quality; Description of Amendment: Require Medicare to release patient de-identified claims data to independent entities to generate ―Consumer Reports-like information for patients on the quality of their health care providers. (S. 1544)
28 Wyden D15 (58) Agree to by Voice Vote
Short Title: Requiring the Medicare Payment Advisory Commission to Consider Medicaid Payments When Making Recommendations to Congress on Medicare Reimbursement for Skilled Nursing Facilities; Description:This amendment adds the following to the Chairmans Mark; The Medicare Payment Advisory Commission shall review, and take into account, the interaction of Medicaid payment policies with Medicare payment policies for services provided in skilled nursing facilities when making Medicare payment recommendations for skilled nursing facilities. In doing such a review, the commission shall review Medicaid trends, spending and margins for skilled nursing facilities, and look at net margins for nursing homes from all payment sources.
29 Thursday (9/24/2009)
30 Crapo (Kyl-Roberts) D1 (136) Thrown out on a point of order Short Title: To preserve choice of plans for seniors under Medicare Advantage; Description of Amendment:
The amendment would amend the proposed Medicare Advantage cuts in the Title III, Subtitle D of the Chairman‘s Mark. The amendment would prohibit the implementation of the competitive bidding changes to the Medicare Advantage program in any bidding area where the proposed changes would result in decreased choice and competition for seniors in the Medicare program. Without 2/3 voting in the affirmative, the Chairman's ruling is sustained. The amendment is thrown out by point of order. Party-line w/snowe voting w/dems
31 Enzi C3 (417) Withdrawn for further consideration and discussion.
Short Title: Ensure American workers are protected from lower wages and job loss; Description of Amendment: Prior to implementing the employer assessments or fees described in Title 1, Subtitle D, the Secretary of Labor must certify that the implementation of such fees and assessments would not result in a reduction of workers‘ wages or an increase in the unemployment rate.
32 Nelson (Rockefeller) D1 (88) Not Agreed To (13-10) Short Title: Eliminate the Part D Coverage Gap and Require Drug Maker Rebates for Full-Benefit Dual Eligible Individuals;
Description of Amendment: Amends Section 1860D-2 of the Social Security Act by phasing-out the Medicare Part D coverage gap and requiring drug manufacturers to provide rebates for full benefit dual eligible beneficiaries that match Medicaid rebates. R's no with Baucus, Carper and Menendez
Sheet1
A B C D E
1 Senate Finance Committee Amendments 2009
2 Wednesday (9/23/2009)
3 Amendment Sponsor Amdt # (SFC #) Pass/Fail? Description of Amdt Comments about votes
4 Bunning C4 (397) Fail (11-12) Transparency Amdt: would have required that actual legislative text (not the conceptual draft) and a final CBO score be posted for a nominal 72 hours on the Committee website for fair public review before the Senate Finance Committee could vote on final passage. Party line except for B. Lincoln
5 Baucus modification of Bunning C4 Pass (13-10) Baucus modification of Bunning C4: to just post the “conceptual language” and a “complete cost analysis from CBO” ahead of the Committee vote on final passage.
Party line
6 Kyl D1 (124) Fail (not germane) Protecting Seniors' Access to Medicare Benefits and HC Providers With 2/3 of Committee not agreeing, amendment is ruled out of order due to not being germane.
7 Roberts D9 (145) Thrown out (Nays - 11
Ayes - 10) To prevent health care reform from being paid for on the backs of our most vulnerable and frail seniors in nursing homes. Roberts D9 as modified: Strikes provisions that reduce or have the effect of reducing financing for Medicare. Amendment failed on a point of order. Party line: Without 2/3 of those present voting in the affirmative, the Chairman's ruling is sustained. The amendment is thrown out.
8 Hatch D7 (117) Fail (9-14) This amendment would strike the Medicare Advantage provisions of the Chairman’s mark if it the Chief Actuary of CMS certifies that beneficiaries currently participating in the Medicare Advantage program will lose Medicare-covered plan benefits when the Medicare Part C reductions are implemented by the Centers of Medicare and Medicaid Services. The Chief Actuary of CMS is required to make this certification 3 months after the enactment of the health reform bill. Party line and Snowe voted w/dems
9 Baucus alternative to Hatch Pass (14-9) Chairman's Alternative to Hatch Amdt Party line and Snowe voted w/dems
10 Kyl C4 (371) Fail (PoO) Prohibit the federal government's takeover of health care Kyl C4 as modified: Strikes provisions in Title III (with the exception of provisions which impact delivery system reforms, the SGR, and rural health) which would have the effect of eliminating the cuts to Medicare. Baucus raised a point of order because it was not offset, even though the offset is needed to fund a new health care entitlement. Amendment failed on the point of order.
11 Menendez D2 (99) Agreed to by Voice Vote Designation of Urban Medicare-Dependent Hospitals (UMDH): Provide a special Medicare add-on payment for hospitals receiving the designation of urban Medicare-dependent hospitals. To qualify as an UMDH, a hospital would have to: (1) be located in an urban area; (2) have over 60 percent of its inpatient days or discharges covered by Medicare; and (3) not receive another type of mitigating payment, such as IME, DSH, RRC, CAH, SCH, and MDH payments.
The payment would be similar to the existing payment for rural MDHs – i.e., PPS payments plus 75 percent of the difference between those payments and a hospital-specific rate based on each hospital‘s costs in a previous year, trended forward for inflation. The methodology would use the higher of 2002 or 2006 costs as the base year costs for those hospitals. In addition, this amendment would be budget neutral because it would require the Secretary to ensure that aggregate payments to PPS hospitals are not, as a result of this provision, greater than would have otherwise been paid.
12 Kyl D6 (129) Fail (10-13) Ensuring Seniors Can Keep Their Coverage if They Like It: No provision to HIPAA or any other entity to discourage health insurance companies to inform their beneficiaries about legislation that will affect them. This amendment also includes safe harbor provisions
13 Ensign D6 (151) Pass (21 Ayes, 2 Passes) Medicare Savings Should be Kept within Medicare:The Amendment would require all of the Medicare savings achieved under the Chairman‘s Mark to be used to restore the solvency of the Medicare program Pass: Conrad and John Kerry
14 Cornyn D6 (165) Fail Ensuring Spending Accuracy: Description: Strike the Medicare Commission in Title II, Subtitle D of the Chairman‘s Mark.Offset: Reduction in spending under the Mark Party line and Snowe voted w/dems
15 Kyl D7 (130) Thrown out Prohibiting a Federal Rationing Board-amdt thrown out! With 2/3 of the Committee not voting in the affirmative, the Chairman's ruling is sustained. The amendment is throw out.
16 Grassley D4 (110) Agreed to by Voice Vote Short Title: Improve Governance of Patient-Centered Outcomes Research Institute
Purpose: To remove cabinet secretaries and other high-ranking government officials from the PCORIs board
Background: The Chairmans Mark creates the PCORI to conduct comparative effectiveness research. Oversight and reforms of the American Red Cross and the Smithsonian Institution have proven that cabinet secretaries and other high-ranking government officials frequently are not able to properly fulfill their roles and responsibilities as board members.
Description: This amendment would strike the provisions requiring the Secretary of Health and Human Services, the Director of NIH and other high-ranking government officials, including elected officials and appointees, to be members of the board of the PCORI.
17 Stabenow D19 (84) Agreed to by Chairman To protect our nation‘s seniors from abuse and assist nursing homes The amendment is the same as S.631, the Patient Safety and Abuse Prevention Act, and was passed by the Finance Committee in the last Congress.
18 Ensign D4 (149) Thrown out Short Title: Increased FMAP for Medical Liability Reform; Description of Amendment: The amendment will insert language in Title III, Subtitle H of the Chairman‘s Mark to provide any state that enacts the medical liability limits reforms consistent with the provisions described below shall be eligible for a Federal Medical Assistance Percentage (FMAP) increase for two years for children. The FMAP increase would be paid for by reducing the federal poverty level threshold for tax credits in the bill by the amount necessary. With 2/3 of the Committee not voting in the affirmative, the Chairman's
ruling is sustained. The amendment is throw out. 10 - Nays, 6 - Ayes
(party-line otherwise)
19 Cornyn D13 (172) Thrown out Short Title: Limiting Non-Economic Damages in Medical Liability Lawsuits; Description of Amendment: Any state receiving funding under Medicaid shall enact a limit on total non economic damages against doctors and health care facilities of one million dollars or less.
With 2/3 of the Committee not voting in the affirmative, the Chairman's
ruling is sustained. The amendment is throw out. 11 - Nays, 6 - Ayes; (party-line otherwise)
20 Kyl C25 (392) Thrown out Short Title: Medical Liability Reform; Description of Amendment: This amendment would limit noneconomic damages in a civil medical liability lawsuit to $250,000 from any provider or health care institution, not to exceed $500,000 from all providers and health care institutions. It would also make each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. With 2/3 of the Committee not voting in the affirmative, the Chairman's
ruling is sustained. The amendment is throw out; 10 - Nays, 7 - Ayes; party-line
21 Carper (Rockefeller) D3 (104) Agreed to by Voice Vote To extend the length of time states have to repay the federal share of a Medicaid overpayment. Description of Amendment: Under current law, states have to repay the federal share of any overpayments within 60 days of discovery; however, collections of overpayments especially in fraud cases seldom occur that fast.
22 Schumer D1 (61) Agreed to by Voice Vote
Schumer Amendment #D1 to Title III, Subtitle B ; Short Title: Affordable Biosimilars Reimbursement Equity Amendment; Description of Amendment:
The Medicare Modernization Act established that every biologic drug be assigned its own billing code. For Part B drugs this means each brand name biologic drug has its own Average Sales Price (ASP). To ensure that patients and the Medicare program utilize biosimilars appropriately, this amendment will create parity between brand name biologics and biosimilars and save patients and Medicare money. The amendment allows a Part B biosimilar product approved by the Food and Drug Administration and assigned a separate billing code to be reimbursed at the ASP of the biosimilar plus six percent of the ASP of the reference product.
23 Bingaman C7 (219) Agreed to by Voice Vote Protection for Individuals Seeking an Affordability Waiver from Employer Sponsored Insurance; Summary:Removes the requirement that individuals must ―present affordability waivers to employers.
24 Stabenow (Wyden, Kerry) C2 (274) Agreed to by Voice Vote Stabenow-Wyden-Kerry Amendment C-2 to the Chairman’s Mark; Short title/purpose: To ensure parity for mental health services within the exchange; Description of Amendment: The Chairman‘s mark authorizes a minimum benefit basic package – including mental and substance abuse services– that must be offered by health insurance plans participating in the State Exchanges. While the mark states that services offered through the four benefit categories must ―meet minimum standards set by Federal and state laws,‖ it is unclear whether The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (P.L. 110-343) applies to mental health and substance abuse services offered through State Exchange plans. The amendment would clarify the application of mental health and addiction parity to these new plans in all four benefit categories. This amendment would clarify the application of the federal Wellstone/Domenici mental health and addiction parity requirement to plans offered through State Exchanges by including a specific statutory cross reference to P.L. 110-343.
25 Cornyn D2 (161) Not Agreed to by Voice Vote Cornyn Amendment #D2 to Americas Healthy Future Act of 2009
Short Title: Ensuring Medicaid beneficiaries have access to a doctor; Description of Amendment: Prior to implementing the mandatory Medicaid program expansions in the Chairmans Mark, the Secretary of Health and Human Services must certify that at least 75 percent of physicians in the country accept Medicaid patients.
26 Cornyn D4 (163) Not Agreed to by Voice Vote Short Title: Ensuring seniors have access to physicians beyond 2010; Description of Amendment: Provide a positive update for physicians reimbursed under the Medicare fee schedule beyond 2011.
27 Cornyn D5 (164) Withdrawn, will discuss later after work with Baucus and Snowe
Short Title: The Patient‘s Right to Information on Quality; Description of Amendment: Require Medicare to release patient de-identified claims data to independent entities to generate ―Consumer Reports-like information for patients on the quality of their health care providers. (S. 1544)
28 Wyden D15 (58) Agree to by Voice Vote
Short Title: Requiring the Medicare Payment Advisory Commission to Consider Medicaid Payments When Making Recommendations to Congress on Medicare Reimbursement for Skilled Nursing Facilities; Description:This amendment adds the following to the Chairmans Mark; The Medicare Payment Advisory Commission shall review, and take into account, the interaction of Medicaid payment policies with Medicare payment policies for services provided in skilled nursing facilities when making Medicare payment recommendations for skilled nursing facilities. In doing such a review, the commission shall review Medicaid trends, spending and margins for skilled nursing facilities, and look at net margins for nursing homes from all payment sources.
29 Thursday (9/24/2009)
30 Crapo (Kyl-Roberts) D1 (136) Thrown out on a point of order Short Title: To preserve choice of plans for seniors under Medicare Advantage; Description of Amendment:
The amendment would amend the proposed Medicare Advantage cuts in the Title III, Subtitle D of the Chairman‘s Mark. The amendment would prohibit the implementation of the competitive bidding changes to the Medicare Advantage program in any bidding area where the proposed changes would result in decreased choice and competition for seniors in the Medicare program. Without 2/3 voting in the affirmative, the Chairman's ruling is sustained. The amendment is thrown out by point of order. Party-line w/snowe voting w/dems
31 Enzi C3 (417) Withdrawn for further consideration and discussion.
Short Title: Ensure American workers are protected from lower wages and job loss; Description of Amendment: Prior to implementing the employer assessments or fees described in Title 1, Subtitle D, the Secretary of Labor must certify that the implementation of such fees and assessments would not result in a reduction of workers‘ wages or an increase in the unemployment rate.
32 Nelson (Rockefeller) D1 (88) Not Agreed To (13-10) Short Title: Eliminate the Part D Coverage Gap and Require Drug Maker Rebates for Full-Benefit Dual Eligible Individuals;
Description of Amendment: Amends Section 1860D-2 of the Social Security Act by phasing-out the Medicare Part D coverage gap and requiring drug manufacturers to provide rebates for full benefit dual eligible beneficiaries that match Medicaid rebates. R's no with Baucus, Carper and Menendez
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