[Pages H6991-H6993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDE ACCURATE INFORMATION DIRECTLY ACT

Mr. LARSON of Connecticut. Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 1375) to amend title XVIII of the Social
Security Act to provide for transparency of Medicare secondary payer
reporting information, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1375

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Provide Accurate Information
Directly Act'' or ``PAID Act''.

SEC. 2. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING
INFORMATION.

(a) In General.--Section 1862(b)(8)(G) of the Social
Security Act (42 U.S.C. 395y(b)(8)(G)) is amended--
(1) by striking ``information.--The Secretary'' and
inserting ``information.--
``(i) In general.--The Secretary''; and
(2) by adding at the end the following new clause:
``(ii) Specified information.--In responding to any query
from an applicable plan related to a determination described
in subparagraph (A)(i), the Secretary, notwithstanding any
other provision of law, shall provide to such applicable
plan--

``(I) whether a claimant subject to the query is, or during
the preceding 3-year period has been, entitled to benefits
under the program under this title on any basis; and
``(II) to the extent applicable, the plan name and address
of any Medicare Advantage plan under part C and any
prescription drug plan under part D in which the claimant is
enrolled or has been enrolled during such period.''.

(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to queries from plans made on or
after the date that is one year after the date of the
enactment of this Act.

SEC. 3. DEPOSIT OF SAVINGS INTO MEDICARE IMPROVEMENT FUND.

Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$0'' and inserting
``$30,000,000''.

SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that

[[Page H6992]]

such statement has been submitted prior to the vote on
passage.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Connecticut (Mr. Larson) and the gentleman from Kansas (Mr. Estes) each
will control 20 minutes.
The Chair recognizes the gentleman from Connecticut.

General Leave

Mr. LARSON of Connecticut. Madam Speaker, I ask unanimous consent
that all Members have 5 legislative days in which to revise and extend
their remarks and to include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Connecticut?
There was no objection.
Mr. LARSON of Connecticut. Madam Speaker, I yield myself such time as
I may consume.
Madam Speaker, H.R. 1375, the Provide Accurate Information Directly
Act of 2019, as amended, or the PAID Act, improves financial
accountability by strengthening reporting regarding Medicare Advantage
enrollees between the Centers for Medicare and Medicaid Services, CMS,
and liability and other nongroup health plans.
Similar measures are already in place for traditional Medicare. With
one in three Medicare beneficiaries enrolled in a Medicare Advantage
plan, it is time that we enact this measure to bring parity for the
program. At its core, this is a good governance program, which will
improve integrity overall, and that is always welcome.
I would like to especially thank our fellow Ways and Means Committee
member Ron Kind, who has worked tirelessly at this to make sure that we
corrected this anomaly in the legislation.
I urge my colleagues to support this legislation, and I reserve the
balance of my time.
House of Representatives,

Committee on Energy and Commerce,

Washington, DC, December 8, 2020.
Hon. Richard Neal,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Neal: I write concerning H.R. 1375, the PAID
Act, which was additionally referred to the Committee on
Energy and Commerce (Committee).
In recognition of the desire to expedite consideration of
H.R. 1375, the Committee agrees to waive formal consideration
of the bill as to provisions that fall within the Rule X
jurisdiction of the Committee. The Committee takes this
action with the mutual understanding that we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that the Committee will be
appropriately consulted and involved as this bill or similar
legislation moves forward so that we may address any
remaining issues within our jurisdiction. I also request that
you support my request to name members of the Committee to
any conference committee to consider such provisions.
Finally, I would appreciate the inclusion of this letter in
the Congressional Record during floor consideration of H.R.
1375.
Sincerely,
Frank Pallone, Jr.,
Chairman.
____

House of Representatives,

Committee on Ways and Means,

Washington, DC, December 8, 2020.
Hon. Frank Pallone,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Pallone: I am writing concerning H.R. 1375,
the PAID Act, which as you are aware was referred to the
Committee on Ways and Means and additionally to the Committee
on Energy and Commerce.
I appreciate your willingness to work cooperatively on this
legislation and I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on Energy
and Commerce under House Rule X. I acknowledge that your
Committee will not consider H.R. 1375 and agree that the
inaction of your Committee with respect to the bill does not
waive any further jurisdictional claim over the matters
contained in the bill that fall within your Committee's Rule
X jurisdiction. I will also support the appointment of
Committee on Energy and Commerce conferees during any House-
Senate conference on this legislation.
I will ensure that our exchange of letters is included in
the Congressional Record during floor consideration of the
bill. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with you
as this measure moves through the legislative process.
Sincerely,
Richard E. Neal,
Chairman.

{time} 1530

Mr. ESTES. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of this legislation.
Right now, Medicare Advantage is an extremely popular program for
seniors in the country, with a 99 percent satisfaction rate. Many in
Kansas and across the United States rely on this program for quality,
affordable healthcare.
It is critical that we work together to find solutions to strengthen
and improve Medicare Advantage. The Provide Accurate Information
Directly Act, or the PAID Act, does exactly that.
At a time when partisan bickering seems to be louder than the needs
of Americans here in Washington, this bipartisan solution will improve
healthcare processes for thousands of seniors. The PAID Act ensures
that the Centers for Medicare and Medicaid Services, or CMS, is
properly reimbursed for Medicare Advantage and Medicare part D costs
that are covered by another settling party.
To better understand how this bill works for Medicare Advantage and
its beneficiaries, let me offer you this scenario:
A 75-year-old Medicare beneficiary is crossing the street when she is
hit by a car. She is taken to the hospital to be treated for her
injuries where her care, subsequent physician visits, and prescription
drugs are covered by her Medicare Advantage plan.
Following this, she files a claim with the auto insurer of the driver
who accidentally hit her with his vehicle. Since her Medicare Advantage
program paid for her hospital and follow-up care, the plan is entitled
to seek reimbursement from the driver's auto insurer for healthcare
costs resulting from this accident.
Due to the current reporting system, her Medicare Advantage plan or
Medicare part D plan may never be reimbursed. This legislation would
correct this issue, allowing Medicare to better share this information
to determine if a claimant is a Medicare beneficiary and, if so, how
much is owed on that beneficiary's behalf.
This information sharing is not new. Currently, Medicare parts A and
B already share this information. Information of the related parties
will only be shared once a request is filed and will protect the
beneficiary's private medical information.
For too long, Medicare Advantage has been unable to receive proper
reimbursement for the services they ensure are provided to our seniors.
This bill is not only a significant process improvement, but it
increases the longevity of this vital program.
Congress has not made any meaningful improvements to the process
since 2007, when this body enacted reforms that allowed Medicare parts
A and B to streamline this process. After 13 years of leaving other
plans in the dark, this plan would provide a win for Medicare Advantage
beneficiaries, settling parties so that they can close out claims on
time, CMS so they are allowed to recoup medical expenses, and,
ultimately, the American taxpayer.
As the Representative for Kansas' Fourth District, strengthening and
improving healthcare, especially Medicare Advantage, has been some of
the most valuable representation I can provide to my constituents. I am
sure many colleagues can say the same.
Currently, more than 28,000 of my constituents rely on Medicare
Advantage because it still allows them to benefit from private-sector
innovation. It is truly the best way to give seniors the care they need
without sacrificing quality and while maintaining fiscal
responsibility.
Of all the process improvements that Congress can provide for this
program in 2020, the PAID Act makes significant strides to ensure that
our seniors and future generations can benefit from this program.
I hope my colleagues on both sides of the aisle will join me in
supporting this bipartisan legislation at a time when bipartisan
solutions are seemingly scarce. Together, we can build on reforms like
this to continue to improve our healthcare, rebuild our economy, and
deliver meaningful relief to Americans looking to Congress for
leadership through the challenges our country is facing.

[[Page H6993]]

Madam Speaker, I yield 3 minutes to the gentleman from Florida (Mr.
Bilirakis), who is one of the sponsors of this bill.
Mr. BILIRAKIS. Madam Speaker, I rise today in support of H.R. 1375,
the Provide Accurate Information Directly Act, or the PAID Act.
Medicare secondary payer laws enacted in the 1980s have failed to
stay current with Medicare. Medicare Advantage and part D have changed
the way beneficiaries engage with Medicare and provide an opportunity
for potential secondary payer issues due to a lack of coordination.
The PAID Act allows settling parties to repay MSP amounts and allows
for the coordination of benefits by requiring CMS to share necessary
information. Specifically, the PAID Act authorizes settling parties to
receive the same information CMS currently provides group health plans
about Medicare Advantage and part D plan enrollment information.
Madam Speaker, I urge my colleagues to pass this commonsense bill. I
thank the leader, the manager, and also the chairman of the Ways and
Means Committee for their leadership. I appreciate it. This is a really
good bill. Let's get it done.
Madam Speaker, I rise today in support of H.R. 1375, the Provide
Accurate Information Directly (or PAID) Act.
Medicare Secondary Payer laws enacted in the '80s have failed to stay
current with Medicare. Medicare Advantage (or MA) and Part D have
changed the way beneficiaries engage with Medicare and provide an
opportunity for potential secondary payer issues due to a lack of
coordination.
The PAID Act allows settling parties to repay MSP amounts, and allow
for the coordination of benefits, by requiring CMS to share necessary
information. Specifically, the PAID Act authorizes settling parties to
receive the same information CMS currently provides Group Health Plans
about MA and Part D plan enrollment information.
I urge my colleagues to pass this commonsense bill.
Mr. LARSON of Connecticut. Madam Speaker, I continue to reserve the
balance of my time.
Mr. ESTES. Madam Speaker, I have no other speakers, and I yield
myself the balance of my time.
Madam Speaker, at a time when bipartisan solutions are becoming
rarer, the PAID Act is a meaningful, commonsense measure that will
provide financial stability and longevity to Medicare Advantage.
Medicare Advantage is the best way to give seniors the care they need
without sacrificing quality and maintaining fiscal responsibility. I
urge my colleagues to join me in supporting this bipartisan measure to
allow this program to continue serving our seniors.
America is looking toward Congress for leadership through all of the
new challenges we face. Throughout our history, the United States has
rarely needed bipartisanship more than it does now. We must work
together to improve healthcare, rebuild our economy, and deliver
meaningful relief to our Nation.
Madam Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Mr. LARSON of Connecticut. Madam Speaker, again, I would like to
thank our colleagues on both sides of the aisle, with a special thanks
to the gentleman from Kansas (Mr. Estes) for his continued work on
this.
Ron Kind from Wisconsin has been fighting for practical, commonsense
legislation like this almost every day that he has been in Congress
since I have known him. A true sign of a Harvard quarterback is that he
continues to be persistent. I want to thank him again for his hard
work.
Madam Speaker, I urge my colleagues to support H.R. 1375, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Connecticut (Mr. Larson) that the House suspend the
rules and pass the bill, H.R. 1375, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

____________________