Overview
Title
To amend titles XVIII and XIX of the Social Security Act to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes.
ELI5 AI
The "I CAN Act" lets special nurses like nurse practitioners and nurse anesthetists do more doctor-like jobs in Medicare and Medicaid so people, especially in places without many doctors, can get better care. It tries to make things cheaper by using these nurses for more jobs but doesn't say exactly how much everything will cost.
Summary AI
The bill, titled the "Improving Care and Access to Nurses Act" or "I CAN Act," aims to enhance access to healthcare provided by advanced practice registered nurses (APRNs) under the Medicare and Medicaid programs. It seeks to remove barriers that limit the practice of nurse practitioners, certified registered nurse anesthetists, and certified nurse-midwives, thereby allowing them to provide a broader range of services. The proposed changes include allowing these nurses to access and manage services typically reserved for physicians, such as cardiac and pulmonary rehabilitation, diabetes care, and hospice services, and expanding their roles in Medicare and Medicaid clinic settings. The bill underscores the significance of nursing professionals in ensuring comprehensive healthcare accessibility, especially in underserved areas.
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AnalysisAI
The Improving Care and Access to Nurses Act, also known as the "I CAN Act," is a proposed bill aimed at removing barriers for advanced practice registered nurses, specifically nurse practitioners, certified registered nurse anesthetists (CRNAs), and certified nurse-midwives. By amending titles XVIII and XIX of the Social Security Act, the bill seeks to expand the scope of healthcare services that these professionals can provide under the Medicare and Medicaid programs. With a focus on increasing access to healthcare services and streamlining delivery processes, the bill provides for a broader inclusion of advanced practice nurses in programs traditionally dominated by physicians.
General Summary of the Bill
The bill proposes several amendments to enhance the roles of nurse practitioners, CRNAs, and nurse-midwives in the healthcare system. Key provisions include allowing nurse practitioners and physician assistants to satisfy documentation requirements for diabetes-related medical supplies like footwear; permitting more healthcare professionals to establish home infusion therapy plans; and clarifying that CRNAs can be reimbursed by Medicare for a broader range of services. Additionally, the bill aims to improve access to programs like cardiac and pulmonary rehabilitation, medical nutrition therapy, and hospice care by including advanced practice nurses in their delivery. It also proposes changes to training, certification, and payment processes in the Medicare and Medicaid systems to enable these changes.
Summary of Significant Issues
A significant issue in the proposed bill is the ambiguity surrounding the definition of "applicable provider" for home infusion therapy. Without precise language specifying which healthcare providers are included, there is potential for varying interpretations that could affect access and quality of care. Additionally, the integration of nurse practitioners and clinical nurse specialists in roles traditionally held by physicians raises concerns about maintaining the quality and safety of patient care, especially since the bill lacks specific requirements on the credentials or training for these expanded roles.
Moreover, the bill grants substantial discretionary power to the Secretary of Health and Human Services, which may lead to inconsistent application and regulatory overreach. The amendments regarding local coverage determinations lack clarity on compliance and enforcement responsibility, potentially hindering effective implementation. The decision to make CRNA services a Medicaid-required benefit without defining the scope leads to concerns over consistent service provision and financial implications for Medicaid.
Finally, the mandate requiring certification by the American Midwifery Certification Board appears to favor a particular organization, which could limit competition and choice for nurse-midwives seeking certification.
Impact on the Public
Broadly, the bill aims to increase access to healthcare services by empowering nurse practitioners, CRNAs, and nurse-midwives with more authority. If successfully implemented, these changes could lead to improved access to necessary services for patients, particularly in underserved and rural areas where physicians might be scarce. This could result in enhanced patient care and reduced waiting times for certain medical services.
However, the lack of specificity regarding who qualifies as an "applicable provider" and the absence of clearly defined training requirements could lead to inconsistencies in the quality of care received by patients. Furthermore, increased roles for advanced practice nurses could strain existing healthcare resources if not adequately supported by financing and infrastructure.
Impact on Specific Stakeholders
For advanced practice nurses, the bill could represent a positive shift, allowing them to fully utilize their skills and training in a broader array of healthcare settings. This recognition could lead to professional growth, increased job satisfaction, and potentially higher compensation as their roles expand. Healthcare providers may also see reduced workloads as responsibilities are distributed more evenly across available medical practitioners.
Conversely, some physicians may express concerns about diluted standards of care or the potential impact on their professional roles. State-level variations in the scope of practice for nurse practitioners could result in unintended disparities in care quality, which may affect patient trust in the healthcare system. Additionally, increased authorization for CRNAs without requiring physician supervision might face resistance from medical professional bodies emphasizing patient safety concerns.
In conclusion, while the I CAN Act proposes promising changes to bolster healthcare delivery and accessibility, careful attention to the outlined issues, particularly concerning training, certification, and state-level implementation, is essential to ensure that these changes are both effective and sustainable.
Financial Assessment
The "Improving Care and Access to Nurses Act" or "I CAN Act" proposes several changes in the Medicare and Medicaid programs. While the bill emphasizes access to healthcare services provided by advanced practice registered nurses, it largely steers clear of explicit financial expenditures or direct appropriations. However, financial implications are implied through changes in reimbursement practices and penalties, which deserve careful consideration.
Civil Monetary Penalties
One of the explicit financial references within the bill is the provision related to civil monetary penalties. Section 401 mentions that a Medicare administrative contractor who does not make required information accessible or fails to comply with stipulated prohibitions can incur a penalty of up to $10,000 for each failure. This aspect of the legislation introduces a potential enforcement cost for contractors, which might ultimately affect how administrative processes are handled. The penalty provision is intended to ensure compliance and transparency but might also trigger additional administrative considerations by contractors to avoid such financial liabilities.
Potential Impact on Healthcare Providers
While direct allocations or appropriations are not present, the inclusion of nurse practitioners, clinical nurse specialists, and nurse anesthetists in various healthcare roles implies financial shifts. By allowing these practitioners to actively participate in services traditionally reserved for physicians—like rehabilitation programs and home infusion therapy—cost savings might be realized through the broader utilization of these roles. Conversely, it raises concerns about whether the introduction of new practitioners without earmarked funding affects the sustainability of quality care.
The possibility of enhanced practitioner roles without corresponding financial oversight mechanisms could place strain on existing resources. The question arises whether such actions inadvertently inflate healthcare costs, especially if such roles require additional training and certification that could indirectly influence expenditures.
Unspecified Financial Implications
The bill does not specify how these changes will impact funding or resource allocations, raising issues related to financial clarity. Sections allowing for broader discretion by the Secretary of Health and Human Services—as highlighted in issues related to regulatory oversight—may lead to inconsistencies in financial administration and allocation.
Medicaid and Certified Registered Nurse Anesthetists (CRNAs)
Section 205 introduces CRNA services as a Medicaid-required benefit. It reflects a potential shift in financial considerations under Medicaid, as states now have to align their programs with new service provisions which may vary in interpretation. This lack of clarity in the financial burden or savings could result in uneven application across states, influencing overall Medicaid financial performance and sustainability.
Overall, the bill shows an intention to optimize healthcare delivery through expanded nursing roles. Still, it lacks explicit financial paths or strategies, relying instead on the integration of cost-effective measures that may lead to unquantified economic outcomes. These financial references underscore potential changes in spending patterns, affecting how healthcare services are potentially funded and managed at federal and state levels.
Issues
The definition and role of 'applicable provider' as described in Section 105 create potential ambiguities regarding which provider types are included. Without clearly specifying the range of providers intended, there could be unintentional consequences either by inclusion or exclusion of certain groups, impacting home infusion therapy access and quality. This may lead to broader interpretations that could affect healthcare outcomes, with significant implications for the regulation and oversight of healthcare providers.
Sections 101 and 104 introduce nurse practitioners and clinical nurse specialists into programs traditionally under physician oversight, such as cardiac, pulmonary rehabilitation, and medical nutrition therapy services under Medicare. This expansion raises questions about the financing of increased access and whether the integration of these professionals, without specifying the requisite credentials or training for these roles, sufficiently maintains or enhances the quality and safety of patient care. The potential impact on overall healthcare costs remains unaddressed.
Section 403 and Section 501 involve amendments that grant substantial discretionary power to the Secretary of Health and Human Services to implement rule changes, which could lead to inconsistent application or implementation. The phrase "Notwithstanding any other provision of law" could override existing laws without clear justification, alarming stakeholders about regulatory overreach.
Section 401's amendments may not adequately identify the roles or entities responsible for compliance with the revisions in local coverage determinations. This lack of clarity may lead to accountability issues, hindering enforcement and compliance, with potential financial and operational implications regarding Medicare's efficiency and legitimacy.
Section 205 makes CRNA services a Medicaid-required benefit, referencing services provided by a certified registered nurse anesthetist, but fails to define the scope of these services. This vagueness presents risks of ambiguous interpretations across different states, potentially causing uneven provision of services and affecting Medicaid's financial sustainability.
Section 304 mandates certification by the American Midwifery Certification Board (AMCB), which might be seen as unfairly favoring this organization and limiting competition or choice among other reputable certifying bodies that may serve equally qualified candidates.
Section 107 proposes the integration of nurse practitioners into roles traditionally held by physicians in skilled nursing facilities and nursing facilities. This may introduce variations in implementation due to differing state laws governing scope of practice, potentially leading to inconsistencies in compliance, enforcement, and quality of care. The lack of federal minimum standards could result in disparities across different jurisdictions.
Section 108 generally lacks any identified issues or notable concerns.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The “Improving Care and Access to Nurses Act,” or the “I CAN Act,” is designed to remove barriers for nurse practitioners, certified registered nurse anesthetists, and certified nurse-midwives. The act includes provisions for expanding access to various healthcare programs under Medicare and Medicaid, improving payment and service conditions, and streamlining healthcare delivery to better utilize advanced practice registered nurses.
101. Expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under Medicare program Read Opens in new tab
Summary AI
The section of the bill expands access to cardiac and pulmonary rehabilitation programs under Medicare by allowing physician assistants, nurse practitioners, and clinical nurse specialists to prescribe exercise programs, not just physicians. This change aims to make it easier for more people to get the rehabilitation they need by broadening who can provide these services beyond just physicians.
102. Permitting nurse practitioners and physician assistants to satisfy Medicare documentation requirement for coverage of certain shoes for individuals with diabetes Read Opens in new tab
Summary AI
Section 102 amends the Social Security Act to allow nurse practitioners and physician assistants, in addition to physicians, to fulfill the Medicare documentation requirements for providing coverage of certain shoes for people with diabetes.
103. Improvements to the assignment of beneficiaries under the Medicare shared savings program Read Opens in new tab
Summary AI
The section modifies the Social Security Act to improve the assignment of beneficiaries in the Medicare shared savings program. Starting from January 1, 2026, it includes primary care services offered by certain professionals in determining assignments.
104. Expanding the availability of medical nutrition therapy service Medicare program Read Opens in new tab
Summary AI
The section expands the Medicare program to allow nurse practitioners, clinical nurse specialists, and physician assistants to provide medical nutrition therapy services, alongside doctors.
105. Preserving access to home infusion therapy Read Opens in new tab
Summary AI
The proposed changes in this section of the bill allow providers other than physicians to create home infusion therapy plans by replacing the term "physician" with "applicable provider" in relevant parts of the Social Security Act. This means that more types of healthcare professionals can oversee these therapy plans.
106. Increasing access to hospice care services Read Opens in new tab
Summary AI
The section updates the Social Security Act to increase access to hospice care by allowing nurse practitioners to be involved more in patient care and billing. Specifically, it lets nurse practitioners sign off on some medical services, updates definitions to include them, and ensures they can bill for their services similarly to physicians.
107. Streamlining care delivery in skilled nursing facilities and nursing facilities; authorizing Medicare and Medicaid inpatient hospital patients to be under the care of a nurse practitioner Read Opens in new tab
Summary AI
The text outlines changes to the Social Security Act, allowing nurse practitioners more authority in Medicare and Medicaid services. Nurse practitioners can now certify care in hospitals and nursing facilities and supervise health care for residents in these facilities, in accordance with state law.
108. Improving access to Medicaid clinic services Read Opens in new tab
Summary AI
The section modifies the Social Security Act by allowing nurse practitioners, in addition to physicians, to provide clinic services under Medicaid. It updates the language to include nurse practitioners wherever physicians are mentioned in the relevant section of the Act.
201. Clarifying that certified registered nurse anesthetists can be reimbursed by Medicare for evaluation and management services Read Opens in new tab
Summary AI
Medicare is now clarified to allow certified registered nurse anesthetists to receive reimbursement for evaluation and management services, including those performed before anesthesia, due to an amendment in the Social Security Act.
202. Revision of conditions of payment relating to services ordered and referred by certified registered nurse anesthetists Read Opens in new tab
Summary AI
The Secretary of Health and Human Services must update the regulations to allow certified registered nurse anesthetists (CRNAs) to order, certify, and refer services as permitted by their state's laws, and ensure that these services are eligible for payment under Medicare Part B.
203. Special payment rule for teaching student registered nurse anesthetists Read Opens in new tab
Summary AI
The section modifies the Social Security Act to ensure that student registered nurse anesthetists are included alongside physician residents in certain special payment rules, likely affecting how they are reimbursed for their work or training.
204. Removing unnecessary and costly supervision of certified registered nurse anesthetists Read Opens in new tab
Summary AI
The amendment to the Social Security Act specifies that while nurse anesthetists can be certified, they cannot be required to work under a doctor's supervision, although anesthesiologist assistants must work under an anesthesiologist's supervision.
205. CRNA services as a Medicaid-required benefit Read Opens in new tab
Summary AI
The section makes changes to the Social Security Act to ensure that services provided by certified registered nurse anesthetists are covered as a required benefit under Medicaid and mandates that they receive payments not lower than the rates paid under a specific part of the Medicare program.
301. Improving access to training in maternity care Read Opens in new tab
Summary AI
The section outlines changes to Medicare payments, specifying that certified nurse-midwives can supervise interns or residents-in-training to provide certain services, which would be covered just like if a physician supervised them. It also clarifies that grants under the Public Health Service Act can be used for clinical training by certified nurse-midwives.
302. Improving Medicare patient access to home health services provided by certified nurse-midwives Read Opens in new tab
Summary AI
The section amends the Social Security Act to allow certified nurse-midwives to provide home health services to Medicare patients, alongside physicians, physician assistants, and clinical nurse specialists. This change ensures that certified nurse-midwives can now be recognized as authorized providers under Medicare for these services.
303. Improving access to DMEPOS for Medicare beneficiaries Read Opens in new tab
Summary AI
The amendment to Section 1834(a) of the Social Security Act allows certified nurse-midwives, in addition to other medical professionals, to help prescribe and manage durable medical equipment for Medicare beneficiaries. This change is intended to enhance access to necessary medical equipment for individuals receiving Medicare benefits.
304. Technical changes to qualifications and conditions with respect to the services of certified nurse-midwives Read Opens in new tab
Summary AI
The section amends the qualifications for certified nurse-midwives in the Social Security Act by specifying that they must now be certified by the American Midwifery Certification Board or a successor organization, instead of any organization recognized by the Secretary.
401. Revising the local coverage determination process under the Medicare program Read Opens in new tab
Summary AI
The proposed changes to the Social Security Act improve transparency and accountability in the Medicare program's local coverage determinations. Contractors must now disclose medical experts consulted, share links to relevant communications and rules, and are prohibited from imposing qualifications on physicians. Failure to comply may result in civil penalties.
Money References
- “(F) CIVIL MONETARY PENALTY.—A Medicare administrative contractor that develops a local coverage determination that fails to make information described in subparagraph (D) available as required by the Secretary under such subparagraph or comply with the prohibition under subparagraph (E) is subject to a civil monetary penalty of not more than $10,000 for each such failure.
402. Locum tenens Read Opens in new tab
Summary AI
The amendment to Section 1842(b)(6) of the Social Security Act clarifies that the rules for billing locum tenens services, which allow temporary replacements for healthcare providers, now also apply to services provided by certified registered nurse anesthetists, nurse practitioners, clinical nurse specialists, and certified nurse midwives in the same way they apply to physicians’ services.
501. Effective date Read Opens in new tab
Summary AI
The section states that the new rules and changes from this Act, except for sections 103 and 401, will start applying 90 days after the Act becomes law. It also allows the Secretary of Health and Human Services to quickly put these rules into effect if needed to meet this deadline.