P.L. 113–67, Approved December 26, 2013 (127 Stat. 1165)

SECTION 1. [2 USC 900 note]  Bipartisan Budget Act of 2013

This Act may be cited as the “Bipartisan Budget Act of 2013”.

SEC. 203. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE.

(a)  In General.—The Secretary of Commerce shall not disclose to any person information contained on the Death Master File with respect to any deceased individual at any time during the 3-calendar-year period beginning on the date of the individual’s death, unless such person is certified under the program established under subsection (b).

(b) Certification Program.—

(1)  In general.—The Secretary of Commerce shall establish a program—

(A)  to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File, and

(B)  to perform periodic and unscheduled audits of certified persons to determine the compliance by such certified persons with the requirements of the program.

(2)  Certification.—person shall not be certified under the program established under paragraph (1) unless such person certifies that access to the information described in subsection (a) is appropriate because such person—

(A)  has—

(i)  a legitimate fraud prevention interest, or

(ii)  a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, and

(B)  has systems, facilities, and procedures in place to safeguard such information, and experience in maintaining the confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of section 6103(p)(4)^[468] of the Internal Revenue Code of 1986, and

(C)  agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to such person.

(3) Fees.—

(A)  In general.—The Secretary of Commerce shall establish under section 9701 of title 31, United States Code, a program for the charge of fees sufficient to cover (but not to exceed) all costs associated with evaluating applications for certification and auditing, inspecting, and monitoring certified persons under the program. Any fees so collected shall be deposited and credited as offsetting collections to the accounts from which such costs are paid.

(B)  Report.—The Secretary of Commerce shall report on an annual basis to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the total fees collected during the preceding year and the cost of administering the certification program under this subsection for such year.

(c) Imposition of Penalty.—

(1)  In general.—Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)—

(A)  discloses such information to any person other than a person who meets the requirements of subparagraphs (A), (B), and (C) of subsection (b)(2),

(B)  discloses such information to any person who uses the information for any purpose not listed under subsection (b)(2)(A) or who further discloses the information to a person who does not meet such requirements, or

(C)  uses any such information for any purpose not listed under subsection (b)(2)(A),

uses any such information for any purpose not listed under subsection (b)(2)(A), and any person to whom such information is disclosed who further discloses or uses such information as described in the preceding subparagraphs, shall pay a penalty of $1,000 for each such disclosure or use.

(2) Limitation on penalty.—

(A)  In general.—The total amount of the penalty imposed under this subsection on any person for any calendar year shall not exceed $250,000.

(B)  Exception for willful violations.—Subparagraph (A) shall not apply in the case of violations under paragraph (1) that the Secretary of Commerce determines to be willful or intentional violations.

(d)  Death Master File.—For purposes of this section, the term “Death Master File” means information on the name, social security account number, date of birth, and date of death of deceased individuals maintained by the Commissioner of Social Security, other than information that was provided to such Commissioner under section 205(r) of the Social Security Act (42 U.S.C. 405(r)).

(e) Exemption From Freedom Of Information Act Requirement With Respect To Certain Records Of Deceased Individuals.—

(1)  In general.—No Federal agency shall be compelled to disclose the information described in subsection (a) to any person who is not certified under the program established under subsection (b).

(2)  Treatment of information.—For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3) of such section 552.

(f) Effective Date.—

(1)  In general.—Except as provided in paragraph (2), this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

(2)  FOIA exemption.—Subsection (e) shall take effect on the date of the enactment of this Act.

SEC. 204. IDENTIFICATION OF INMATES REQUESTING OR RECEIVING IMPROPER PAYMENTS.

(c)  Conforming Amendment to the Do Not Pay Initiatives.—Section 5(a)(2) of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended by adding at the end the following:

“(F)  Information regarding incarcerated individuals maintained by the Commissioner of Social Security under sections 202(x) and 1611(e) of the Social Security Act.”.

SEC. 1205. REALIGNMENT OF THE MEDICARE SEQUESTER FOR FISCAL YEAR 2023.

Paragraph (6) (relating to implementing direct spending reductions, as redesignated by section 101(d)(2)(C), and as amended by section 101(c), of the Bipartisan Budget Act of 2013) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by adding at the end the following new subparagraph:

“(C)  Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2023 shall be applied to such payments so that—

“(i)  with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.90 percent; and

“(ii)  with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 1.11 percent.”.

Sec. 1206  PAYMENT FOR INPATIENT SERVICES IN LONG-TERM CARE HOSPITALS (LTCHS)

(a)  Establishment of Criteria for Application of Site Neutral Payment.—***

(2) Medpac study and report on impact of changes.—

(A)  Study.—The Medicare Payment Assessment Commission shall examine the effect of applying section 1886(m)(6) of the Social Security Act, as added by the amendment made by paragraph (1), on—

(i)  the quality of patient care in long-term care hospitals;

(ii)  the use of hospice care and post-acute care settings;

(iii)  different types of long-term care hospitals; and

(iv)  the growth in Medicare spending for services in such hospitals.

(B)  Report.— Not later than June 30, 2019, the Commission shall submit to Congress a report on such study. The Commission shall include in such report such recommendations for changes in the application of such section as the Commission deems appropriate as well as the impact of the application of such section on the need to continue applying the 25 percent rule described under sections 412.534 and 412.536 of title 42, Code of Federal Regulations.

(3) Calculation of length of stay excluding cases paid on a site neutral basis.—

(A)  In general.—For discharges occurring in cost reporting periods beginning on or after October 1, 2015, subject to subparagraph (B), in calculating the length of stay requirement applicable to a long-term care hospital or satellite facility under section 1886(d)(1)(B)(iv)(I) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)(I)) and section 1861(ccc)(2) of such Act (42 U.S.C. 1395x(ccc)(2)), the Secretary of Health and Human Services shall exclude the following:

(i)  Site neutral payment.— Any patient for whom payment is made at the site neutral payment rate (as defined in section 1886(m)(6)(B)(ii)) of such Act, as added by paragraph (1)).

(ii)  Medicare advantage.— Any patient for whom payment is made under a Medicare Advantage plan under part C of title XVIII of such Act.

(B)  Limitation on converting subsection (d) hospitals .—Subparagraph (A) shall not apply to a hospital that is classified as of December 10, 2013, as a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act, 42 U.S.C. 1395ww(d)(1)(B)) for purposes of determining whether the requirements of section 1886(d)(1)(B)(iv)(I) or 1861(ccc)(2) of such Act (42 U.S.C. 1395ww(d)(1)(B)(iv)(I), 1395x(ccc)(2)) are met.

(b)  Extension of Certain LTCH Payment Rules and Moratorium on the Establishment of Certain Hospitals and Facilities.—

(1)  Extension of certain payment rules.—

(A)  Payment for hospitals-within-hospitals.— Paragraph (2)(C) of section 114(c) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww note)^[469], as amended by sections 3106(a) and 10312(a) of Public Law 111-148, is amended by striking “5-year period” and inserting “9-year period”.

(B)  25 percent patient threshold payment adjustment; making the grandfathered exemption for long-term care hospitals permanent.—Section 114(c)(1) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww note), as amended by sections 3106(a) and 10312(a) of Public Law 111-148, is amended—

(i)  in the matter preceding subparagraph (A), by striking “for a 5-year period”; and

(ii)  in subparagraph (A), by inserting “for a 9-year period,”before “section 412.536”.

(C)  Report assessing continued suspension of 25 percent rule.— Not later than 1 year before the end of the 9-year period referred to in section 114(c)(1) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww note), as amended by subparagraph (B), the Secretary of Health and Human Services shall submit to Congress a report on the need for any further extensions (or modifications of the extensions) of the 25 percent rule described in sections 412.534 and 412.536 of title 42, Code of Federal Regulations, particularly taking into account the application of section 1886(m)(6) of the Social Security Act, as added by subsection (a)(1).

(d) Review of Treatment of Certain LTCHs.—

(1)  Evaluation.— As part of the annual rulemaking for fiscal year 2015 or fiscal year 2016 to carry out the payment rates under subsection (d) of section 1886 of the Social Security Act (42 U.S.C. 1395ww), the Secretary shall evaluate both the payment rates and regulations governing hospitals which are classified under subclause (II) of subsection (d)(1)(B)(iv) of such section.

(2)  Adjustment authority.— Based upon such evaluation, the Secretary may adjust payment rates under subsection (b)(3) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) for a hospital so classified (such as payment based upon the TEFRA- payment model) and may adjust the regulations governing such hospitals, including applying the regulations governing hospitals which are classified under clause (I) of subsection (d)(1)(B) of such section.