KIDNEY DISEASE EDUCATION AND AWARENESS PROVISIONS.

SEC. 152. KIDNEY DISEASE EDUCATION AND AWARENESS PROVISIONS.(a) Chronic Kidney Disease Initiatives.—Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section:“SEC. 399R. CHRONIC KIDNEY DISEASE INITIATIVES.“(a) In General.—The Secretary shall establish pilot projects to—“(1) increase public and medical community awareness (particularly of those who treat patients with diabetes and hypertension) regarding chronic kidney disease, focusing on prevention;“(2) increase screening for chronic kidney disease, focusing on Medicare beneficiaries at risk of chronic kidney disease; and“(3) enhance surveillance systems to better assess the prevalence and incidence of chronic kidney disease.“(b) Scope and Duration.—“(1) Scope.—The Secretary shall select at least 3 States in which to conduct pilot projects under this section.“(2) Duration.—The pilot projects under this section shall be conducted for a period that is not longer than 5 years and shall begin on January 1, 2009.“(c) Evaluation and Report.—The Comptroller General of the United States shall conduct an evaluation of the pilot projects conducted under this section. Not later than 12 months after the date on which the pilot projects are completed, the Comptroller General shall submit to Congress a report on the evaluation.“(d) Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this section.” .(b) Medicare Coverage of Kidney Disease Patient Education Services.—(1) Coverage of kidney disease education services.—(A) Coverage.—Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 144(a), is amended—(i) in subparagraph (CC), by striking “and” after the semicolon at the end;(ii) in subparagraph (DD), by adding “and” after the semicolon at the end; and(iii) by adding at the end the following new subparagraph:“(EE) kidney disease education services (as defined in subsection (ggg));”.(B) Services described.—Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 144(a), is amended by adding at the end the following new subsection:“Kidney Disease Education Services“(ggg)(1) The term ‘kidney disease education services’ means educational services that are—122 STAT. 2552“(A) furnished to an individual with stage IV chronic kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant;“(B) furnished, upon the referral of the physician managing the individual’s kidney condition, by a qualified person (as defined in paragraph (2)); and“(C) designed—“(i) to provide comprehensive information (consistent with the standards set under paragraph (3)) regarding—“(I) the management of comorbidities, including for purposes of delaying the need for dialysis;“(II) the prevention of uremic complications; and“(III) each option for renal replacement therapy (including hemodialysis and peritoneal dialysis at home and in-center as well as vascular access options and transplantation);“(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy; and“(iii) to be tailored to meet the needs of the individual involved.“(2)(A) The term ‘qualified person’ means—“(i) a physician (as defined in section 1861(r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)), who furnishes services for which payment may be made under the fee schedule established under section 1848; and“(ii) a provider of services located in a rural area (as defined in section 1886(d)(2)(D)).“(B) Such term does not include a provider of services (other than a provider of services described in subparagraph (A)(ii)) or a renal dialysis facility.“(3) The Secretary shall set standards for the content of such information to be provided under paragraph (1)(C)(i) after consulting with physicians, other health professionals, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. To the extent possible the Secretary shall consult with persons or entities described in the previous sentence, other than a dialysis facility, that has not received industry funding from a drug or biological manufacturer or dialysis facility.“(4) No individual shall be furnished more than 6 sessions of kidney disease education services under this title.”.(C) Payment under the physician fee schedule.—Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)), as amended by section 144(b), is amended by inserting “(2)(EE),” after “(2)(DD),”.(D) Limitation on number of sessions.—Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended—(i) in subparagraph (M), by striking “and” at the end;(ii) in subparagraph (N), by striking the semicolon at the end and inserting “, and”; and(iii) by adding at the end the following new subparagraph:122 STAT. 2553 “(O) in the case of kidney disease education services (as defined in paragraph (1) of section 1861(ggg)), which are furnished in excess of the number of sessions covered under paragraph (4) of such section;”.(2) Effective date.—The amendments made by this subsection shall apply to services furnished on or after January 1, 2010.