Protection against high out-of-pocket expenditures for Medicare fee-for-service benefits

(a) In general Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: 1899D. Protection against high out-of-pocket expenditures (a) In general Notwithstanding any other provision of this title, in the case of an applicable individual (as defined in subsection (c)), if the amount of the out-of-pocket cost-sharing (as defined in subsection (d)) incurred by such individual for a year (beginning with 2028) equals or exceeds the annual out-of-pocket limit under subsection (b) for that year, the individual shall not be responsible for additional out-of-pocket cost-sharing incurred during that year. (b) Annual out-of-Pocket limit (1) In general The amount of the annual out-of-pocket limit under this subsection shall be— (A) for 2028, $5,000; or (B) for a subsequent year, the amount specified in this subsection for the preceding year increased by the annual percentage increase in average per capita aggregate expenditures under parts A and B, as determined by the Secretary for the 12-month period ending in July of the previous year using such methods as the Secretary shall specify. (2) Rounding If any amount determined under paragraph (1)(B) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. (c) Applicable individual defined In this section, the term applicable individual means an individual who is entitled to, or enrolled for, benefits under part A or enrolled in part B. (d) Out-of-Pocket cost-Sharing defined (1) In general Subject to paragraphs (2) and (3), in this section, the term out-of-pocket cost-sharing means, with respect to an applicable individual, the amount of the expenses incurred by the individual that are attributable to coinsurance, deductible, copayment, or other cost-sharing otherwise applicable under part A or B. (2) Certain costs not included (A) Non-covered items and services Expenses incurred for items and services which are not covered under part A or B shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (B) Items and services not furnished on an assignment-related basis If an item or service is furnished to an individual under this title and is not furnished on an assignment-related basis, any additional expenses the individual incurs above the amount the individual would have incurred if the item or service was furnished on an assignment-related basis shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (3) Application For purposes of paragraph (1), the Secretary shall consider expenses to be incurred by the individual regardless of whether such costs are reimbursed through insurance or otherwise, a group health plan, or other third-party payment arrangement. (e) Announcement Not later than the first Monday in April of each year (beginning with 2027), the Secretary shall determine, and shall announce (in a manner intended to provide notice to interested parties), the annual out-of-pocket limit under this section for the succeeding year. (f) Implementation The Secretary shall establish procedures to carry out this section, including procedures— (1) to track the amount of out-of-pocket cost-sharing incurred by applicable individuals for items and services covered under this title during a year; and (2) provide notice to the applicable individual and providers of services and suppliers who furnish items and services to the applicable individual when the applicable individual has incurred expenses that exceed the annual out-of-pocket limit under subsection (b) for the year. (g) Payment For provisions relating to payment for items and services furnished to an applicable individual once the annual out-of-pocket limit has been met, see sections 1813(c) and 1833(ee).. (b) Conforming amendments (1) Part A Section 1813 of the Social Security Act (42 U.S.C. 1395e) is amended by adding at the end the following new subsection: (c) (1) Notwithstanding subsections (a) and (b), if the amount of the out-of-pocket cost-sharing for an applicable individual for a year (beginning with 2028) equals or exceeds the annual out-of-pocket limit under section 1899D(b) for that year, payment under this part with respect to any additional incurred expenses for items or services furnished to the applicable individual in the calendar year shall be made as if any reduction in the amount payable for such items or services under subsection (a) due to any deductible or coinsurance that would (but for the application of section 1899D) otherwise be applicable no longer applied. (2) In this subsection, the terms applicable individual and out-of-pocket cost sharing have the meaning given those terms in section 1899D.. (2) Part B (A) Payment Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended— (i) by adding at the end the following new subsection: (ee) (1) Notwithstanding subsections (a) and (b), if the amount of the out-of-pocket cost-sharing for an applicable individual for a year (beginning with 2028) equals or exceeds the annual out-of-pocket limit under section 1899D(b) for that year, payment under this part with respect to any additional incurred expenses for items or services furnished to the applicable individual in the calendar year shall be made as if— (A) the deductible under subsection (b) no longer applied; (B) the deduction described in the second sentence of subsection (b) (relating to blood) no longer applied; and (C) 100 percent and 0 percent were substituted for 80 percent and 20 percent, respectively, each place either appears in subsection (a), in subsection (i)(2), in section 1835(b)(2), and in subsections (b)(2) and (b)(3) of section 1881. (2) In this subsection, the terms applicable individual and out-of-pocket cost sharing have the meaning given those terms in section 1899D.; and (ii) in subsections (c) and (g), by striking (a) and (b) each place it appears and inserting (a), (b), and (ee). (B) Limitation on charges when annual limit reached Section 1866(a)(2)(A) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by adding at the end the following new sentence: A provider of services may not impose a charge under the first sentence of this subparagraph for services for which payment is made to the provider pursuant to section 1833(ee) (relating to protection against high out-of-pocket expenses).. (C) Beneficiary protections Section 1842(b)(3) of the Social Security Act (42 U.S.C. 1395u(b)(3)) is amended— (i) in subparagraph (L), by striking the period at the end and inserting; and; and (ii) by inserting after subparagraph (L) the following new subparagraph: (M) if it makes determinations or payments with respect to items and services furnished by a physician for which payment is made pursuant to section 1833(ee) but not on an assignment-related basis, provide to the physician a notice that— (i) states that the individual provided the service has reached the annual out-of-pocket limit under section 1899D(b) for the year, and (ii) encourages the physician not to charge the individual amounts in excess of the reasonable charge recognized under this section and to accept payment on an assignment-related basis for physicians' services furnished the individual during the remainder of the year..