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Medicare Bill Won't Include a Co-Payment for Home Care
by Robert Pear, the New York Times
October 30, 2003


WASHINGTON — After intense lobbying by Medicare beneficiaries and by former Senator Bob Dole, Congress has discarded the idea of imposing a co-payment on home health care services provided to the elderly and the disabled, lawmakers said on Wednesday.

In addition, House and Senate negotiators said they were close to an agreement expanding access to low-cost generic drugs, and they have decided to impose new financial penalties on hospitals that refuse to disclose data on the quality of care.

The actions came as Congress tried to complete work on a bill revamping Medicare and offering prescription drug coverage to 40 million beneficiaries, at a cost of $400 billion over 10 years.

Asserting that "Congress is on the verge of Medicare reform," President Bush said elderly people should put pressure on Congress to finish the job.

"The time to improve our Medicare system has come," Mr. Bush said at a White House event on Wednesday. "Now is the time. I urge America 's seniors to speak up, to call and write your representatives to urge them to work out a final bill." Mr. Bush reiterated his plea for Congress to give private health plans a larger role in Medicare, saying they could offer "better coverage at more affordable prices."

The president said he had been assured that employers would not eliminate drug benefits for retirees if Medicare offered such coverage.

"Corporations have no intention to what they call `dump' retirees into a system they don't want to be dumped into," Mr. Bush said, citing assurances from Richard P. Lavin, a vice president of Caterpillar Inc.

Many retirees and labor unions have become alarmed that they will lose health benefits provided by former employers if Medicare offers similar but more limited drug benefits. The Congressional Budget Office has estimated that four million retirees could lose drug coverage offered by former employers.

The fight over home care was one of many disputes swirling around the Medicare legislation. The House bill would impose a co-payment of $40 to $50 for each 60-day period in which a beneficiary receives home care.

Representative Bill Thomas, Republican of California, and Senator John B. Breaux, Democrat of Louisiana, supported the payment as a way to discourage overuse of home care.

Senator Susan Collins of Maine and Representative Billy Tauzin of Louisiana , both Republicans, led the opposition. "The co-payment would have forced many of the most frail seniors to turn down care they really need, and it would have been a particular hardship for people with low incomes," Ms. Collins said.

Like many Republicans, Ms. Collins said she was "reserving judgment" on the overall Medicare bill.

Home care agencies and advocates for the elderly criticized the co-payment as a "sick tax." Mr. Dole, the former Kansas senator, conveyed their concerns to lawmakers.

While abandoning the co-payment, Congressional negotiators have decided to extract savings from providers of home care by reducing the annual update in their Medicare payments. The update reflects inflation in the cost of goods and services.

The conference committee has also decided to revise a provision of the House bill that would have cut $12 billion from Medicare payments to hospitals over the next decade. Hospitals could avoid the cuts if they disclosed information on the quality of care they provided, using standards specified by the government.

Bush administration officials said such data would help consumers identify the best and worst hospitals. The officials said they had been frustrated in efforts to persuade hospitals to release such data voluntarily.

The emerging agreement on generic drugs would make it more difficult for manufacturers of brand-name medicines to delay federal approval of competing generic products. Brand-name manufacturers would be allowed only a single 30-month stay, while a court tries to resolve patent disputes. In the absence of a lawsuit by a brand-name company, the maker of a competing generic drug could ask a court to clarify its right to market it.

Senator Charles E. Schumer, Democrat of New York, said this arrangement would benefit consumers by allowing makers of generic drugs to know in advance whether they can sell copies of a particular drug without infringing its patents.

The first manufacturer of generic drugs to get federal approval for a low-cost copy of a brand-name product would have an exclusive right to market it for 180 days. If the company did not begin marketing in 75 days, it could forfeit exclusivity.

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