Healthcare Bill: "Shared Decision Making" With "Patient Aids" About "Trade-Offs" and "Follow-Up Counseling"

the govt doesn't want granny costing too much before she dies

complete text of section 1236

SEC. 1236. DEMONSTRATION PROGRAM ON USE OF PATIENT DECISIONS AIDS.

(a) In General- The Secretary of Health and Human Services shall establish a shared decision making demonstration program (in this subsection referred to as the `program') under the Medicare program using patient decision aids to meet the objective of improving the understanding by Medicare beneficiaries of their medical treatment options, as compared to comparable Medicare beneficiaries who do not participate in a shared decision making process using patient decision aids.

(b) Sites-

• (1) ENROLLMENT- The Secretary shall enroll in the program not more than 30 eligible providers who have experience in implementing, and have invested in the necessary infrastructure to implement, shared decision making using patient decision aids.

• (2) APPLICATION- An eligible provider seeking to participate in the program shall submit to the Secretary an application at such time and containing such information as the Secretary may require.

• (3) PREFERENCE- In enrolling eligible providers in the program, the Secretary shall give preference to eligible providers that--

• • (A) have documented experience in using patient decision aids for the conditions identified by the Secretary and in using shared decision making;

• • (B) have the necessary information technology infrastructure to collect the information required by the Secretary for reporting purposes; and

• • (C) are trained in how to use patient decision aids and shared decision making.

(c) Follow-up Counseling Visit-

• (1) IN GENERAL- An eligible provider participating in the program shall routinely schedule Medicare beneficiaries for a counseling visit after the viewing of such a patient decision aid to answer any questions the beneficiary may have with respect to the medical care of the condition involved and to assist the beneficiary in thinking through how their preferences and concerns relate to their medical care.

• (2) PAYMENT FOR FOLLOW-UP COUNSELING VISIT- The Secretary shall establish procedures for making payments for such counseling visits provided to Medicare beneficiaries under the program. Such procedures shall provide for the establishment--

• • (A) of a code (or codes) to represent such services; and

• • (B) of a single payment amount for such service that includes the professional time of the health care provider and a portion of the reasonable costs of the infrastructure of the eligible provider such as would be made under the applicable payment systems to that provider for similar covered services.

(d) Costs of Aids- An eligible provider participating in the program shall be responsible for the costs of selecting, purchasing, and incorporating such patient decision aids into the provider's practice, and reporting data on quality and outcome measures under the program.

(e) Funding- The Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C. 1395t) of such funds as are necessary for the costs of carrying out the program.

(f) Waiver Authority- The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) as may be necessary for the purpose of carrying out the program.

(g) Report- Not later than 12 months after the date of completion of the program, the Secretary shall submit to Congress a report on such program, together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. The final report shall include an evaluation of the impact of the use of the program on health quality, utilization of health care services, and on improving the quality of life of such beneficiaries.

(h) Definitions- In this section:

• (1) ELIGIBLE PROVIDER- The term `eligible provider' means the following:

• • (A) A primary care practice.

• • (B) A specialty practice.

• • (C) A multispecialty group practice.

• • (D) A hospital.

• • (E) A rural health clinic.

• • (F) A federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)).

• • (G) An integrated delivery system.

• • (H) A State cooperative entity that includes the State government and at least one other health care provider which is set up for the purpose of testing shared decision making and patient decision aids.

• (2) PATIENT DECISION AID- The term `patient decision aid' means an educational tool (such as the Internet, a video, or a pamphlet) that helps patients (or, if appropriate, the family caregiver of the patient) understand and communicate their beliefs and preferences related to their treatment options, and to decide with their health care provider what treatments are best for them based on their treatment options, scientific evidence, circumstances, beliefs, and preferences.

• (3) SHARED DECISION MAKING- The term `shared decision making' means a collaborative process between patient and clinician that engages the patient in decision making, provides patients with information about trade-offs among treatment options, and facilitates the incorporation of patient preferences and values into the medical plan.