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 Improving Care and Access to Nurses Act (I CAN Act) is a plan to let nurses do more things on their own, like helping take care of sick people, without always needing a doctor’s approval, so that more people, especially in places where there aren't many doctors, can get the care they need.
Summary AI
The Improving Care and Access to Nurses Act (I CAN Act) aims to amend the Social Security Act to make it easier for advanced practice registered nurses, such as nurse practitioners, certified registered nurse anesthetists, and certified nurse-midwives, to provide services under Medicare and Medicaid. The bill proposes removing certain physician supervision requirements and allowing these nurses to perform tasks like prescribing exercises, documenting Medicare requirements, and managing patient care more independently. These changes are intended to increase patient access to healthcare services, especially in underserved areas, while maintaining quality care standards.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The Senate Bill S. 575, titled the "Improving Care and Access to Nurses Act" (or the "I CAN Act"), seeks to amend parts of the Social Security Act to broaden the scope and involvement of advanced practice registered nurses (APRNs) within the Medicare and Medicaid programs. This legislative proposal highlights changes across several healthcare provisions, aiming to reduce barriers and expand the roles of nurse practitioners, certified registered nurse anesthetists, and certified nurse-midwives. The bill includes measures such as allowing more medical professionals to prescribe rehabilitation programs, handle documentation, and offer more diverse services under these federal health programs.
Summary of Significant Issues
One of the notable concerns involves the potential financial implications the bill could have on Medicare and Medicaid, particularly because the bill expands the roles of APRNs without providing clear budgetary allocations or impact assessments. This lack of financial foresight could lead to unforeseen expenses, a significant concern noted in multiple sections.
The bill also touches on legal complexities associated with expanding nurse practitioners' roles. Different state laws governing nurse practitioners’ scope of practice might lead to uneven care standards across states, posing implementation challenges. Furthermore, the removal of specific certifying organizations for healthcare professionals, like midwives, could narrow certification options in favor of particular organizations, which might have unintended consequences on competition and professional diversity.
Lastly, the bill makes extensive references to existing statutes and legal text, which could be difficult for those without legal expertise to fully interpret and understand, potentially limiting its accessibility to the general public.
Impact on the Public and Specific Stakeholders
Broadly, if implemented effectively, the legislation might enhance public access to healthcare by leveraging the skills and availability of various advanced practice nurses. This could result in improved patient outcomes for those seeking Medicare and Medicaid services, as they may face shorter wait times and greater access to different types of care.
However, the financial and implementation details need clearer articulation. Without this, the bill might strain the existing Medicare and Medicaid budgets if not managed within the current financial frameworks, indirectly affecting beneficiaries through possible service cuts or increased program costs.
Positive and Negative Impacts on Stakeholders
For healthcare providers, especially APRNs, the bill represents a significant expansion of their roles, potentially supporting career progression and recognition of their capabilities within federal health systems. This could also lead to increased employment opportunities in the healthcare sector, encouraging more professionals to pursue advanced nursing careers.
On the flip side, there could be negative implications for stakeholders including those responsible for regulating healthcare quality, as the rapid expansion of medical roles may lead to inconsistencies in health standards and outcomes. The bill's lack of a robust oversight framework may leave room for discrepancies in service quality, which could negatively impact patient care. Moreover, with potential financial pressures on Medicare and Medicaid, government bodies responsible for these programs might face challenges in maintaining quality without raising costs.
Overall, while the I CAN Act presents promising opportunities for enhancing healthcare capabilities, careful consideration of its financial, legal, and practical implementation is crucial for achieving the intended benefits without adverse side effects.
Financial Assessment
The Improving Care and Access to Nurses Act (I CAN Act) is a legislative proposal aiming to expand the roles of advanced practice registered nurses in the Medicare and Medicaid systems. The bill introduces several changes that could have significant financial implications, yet it lacks explicit financial projections or detailed allocations, which raises several concerns.
Financial Implications and Absence of Explicit Funding
While the bill proposes substantive changes to healthcare delivery by expanding the roles of nurse practitioners, certified registered nurse anesthetists, and certified nurse-midwives, it does not provide specific spending allocations or appropriations to support these changes. For instance, Section 101, which addresses expanding access to cardiac and pulmonary rehabilitation programs, does not mention any budget or funding allocation. This omission raises concerns about how these expansions will be financed. Without clear financial backing, the implementation of such programs could strain existing resources and impact their sustainability.
Potential Increase in Medicare Spending
The bill expands the billing capabilities of healthcare professionals, such as allowing nurse practitioners and certified registered nurse anesthetists to document Medicare requirements and order services independently. These changes, found in Sections 102, 201, and 402, potentially increase the scope of services covered by Medicare. While this expansion aims to improve access to healthcare, especially in underserved areas, it could also lead to a rise in Medicare spending. The increase in service coverage without clear guidelines or oversight mechanisms could result in inconsistent documentation quality or exploitation of services.
Lack of Financial Projections
Numerous sections, including 104 and 106, propose expanding service access under Medicare and Medicaid without providing financial projections or impact assessments. This absence leaves a gap in understanding the cost implications of these proposals. Without such assessments, the legislative changes may lead to unforeseen expenses and budgetary challenges, which might counteract the intended benefits of improved healthcare access.
Certification, Payment Rules, and Providers’ Ambiguities
The bill introduces changes to the definition and scope of healthcare providers, as described in Sections 105 and 402, broadening who qualifies as healthcare providers under Medicare and Medicaid. These changes could potentially widen interpretations, impacting service delivery quality and accountability. Moreover, Section 203 lacks clarity on payment rules for teaching student registered nurse anesthetists compared to physician residents, creating ambiguity in financial implications within the Medicare system.
Lastly, Section 401 outlines a civil monetary penalty of up to $10,000 for certain failures of Medicare administrative contractors. While this introduces financial accountability measures, it does not address the broader systemic financial implications of the bill's legislative changes.
Overall, the bill's lack of detailed financial projections and allocations, coupled with its broad expansion of healthcare providers' roles, creates a potential for increased spending without clear accountability or oversight mechanisms. These financial complexities highlight the importance of careful implementation and monitoring to ensure that the bill achieves its goals of increasing healthcare access and maintaining quality care standards.
Issues
The bill lacks specific language addressing oversight and evaluation measures to ensure expanded services provided by advanced practice registered nurses (APRNs) under Medicare and Medicaid are effective and deliver intended health benefits (Section 1).
Section 101 lacks mention of budget or funding allocation for expanding access to cardiac and pulmonary rehabilitation programs, raising concerns about how the changes will be financed, potentially leading to questions about the financial implications of these amendments.
The references to various professional roles in Sections 102, 201, and 402 suggest a significant expansion in the roles and billing capabilities of nurse practitioners and certified registered nurse anesthetists, potentially increasing Medicare spending without clear standards or oversight, which could lead to inconsistent documentation quality or exploitation of services.
The bill does not provide clear financial projections or impact assessments regarding the cost implications of proposed changes under Medicare and Medicaid, primarily in sections related to expanding service access by healthcare professionals, which may lead to unforeseen expenses (Sections 1, 104, 106, and multiple others).
Section 107 demonstrates potential legal complexities and inconsistencies in implementing expanded roles for nurse practitioners across various states, due to varying state laws, which could lead to uneven care standards and implementation challenges nationwide.
Section 203 does not clarify how payment rules for teaching student registered nurse anesthetists differ from those for physician residents, which might lead to ambiguity regarding implementation and financial implications within the Medicare system.
Several sections (e.g., 105, 402, and others) make substantive changes to the definition and scope of healthcare providers classified as applicable providers. This may lead to broader interpretations of who qualifies as healthcare providers, impacting service delivery quality and accountability.
The removal of specific certifying organizations in Section 304 might limit competition or disregard other reputable certifying bodies, potentially biasing certification in favor of the American Midwifery Certification Board.
The complex legal and regulatory references throughout the bill, particularly in Sections 106 and 401, may hinder understanding and accessibility for stakeholders not familiar with intricate legislative or Medicare regulations.
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.