TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES.

SEC. 4136. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES.(a) In General.—Section 1834(s) of the Social Security Act (42 U.S.C. 1395m(s)) is amended—(1) by amending paragraph (3) to read as follows:“(3) Payment.—“(A) In general.—The separate payment amount established under this paragraph for an applicable disposable device for a year shall be equal to—“(i) for a year before 2024, the amount of the payment that would be made under section 1833(t) (relating to payment for covered OPD services) for the year for the Level I Healthcare Common Procedure Coding System (HCPCS) code for which the description for a professional service includes the furnishing of such device; “(ii) for 2024, the supply price used to determine the relative value for the service under the fee schedule under section 1848 (as of January 1, 2022) for the applicable disposable device, updated by the specified adjustment described in subparagraph (B) for such year; and “(iii) for 2025 and each subsequent year, the payment amount established under this paragraph for such device for the previous year, updated by the specified adjustment described in subparagraph (B) for such year. “(B) Specified adjustment.—“(i) In general.—For purposes of subparagraph (A), the specified adjustment described in this subparagraph for a year is equal to—“(I) the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending in June of the previous year; minus “(II) the productivity adjustment described in section 1886(b)(3)(B)(xi)(II) for such year. “(ii) Clarification on application of the productivity adjustment.—The application of clause (i)(II) may result in a specified adjustment of less than 0.0 for a year, and may result in the separate payment amount under this subsection for an applicable device for a year being less than such separate payment amount for such device for the preceding year. “(C) Exclusion of nursing and therapy services from separate payment.—With respect to applicable devices furnished on or after January 1, 2024, the separate 136 STAT. 5925 payment amount determined under this paragraph shall not include payment for nursing or therapy services described in section 1861(m). Payment for such nursing or therapy services shall be made under the prospective payment system established under section 1895 and shall not be separately billable.” ; and (2) by adding at the end the following new paragraph:“(4) Implementation.—As part of submitting claims for the separate payment established under this subsection, beginning with 2024, the Secretary shall accept and process claims submitted using the type of bill that is most commonly used by home health agencies to bill services under a home health plan of care.” .