HR2848 Talking Points:

The David Jayne Medicare Homebound Legislation Act, Senate bill 2848 amends the Medicare home health statute that currently requires that an individual be "confined to the home" in order to receive vital and life sustaining support services.  Permission to leave the home is currently allowed for absences that are "infrequent and of short duration," or to attend adult day care or religious services. 

Senate bill 2848 would provide an exception to the homebound rule to people who:
1) are certified by their physician to have a permanent and severe disability that is expected to persist for at least a year;
2) need the assistance of home health services to leave the home, and
3) are already currently eligible for home health services.

The cost of the amendment would be budget neutral because it would be specifically limited to Medicare home health beneficiaries whose conditions require the assistance of a skilled nurse, therapist or home health aide to make it functionally possible for them to leave the home.   This language should ensure to CBO that there would be no woodwork effect.  These individuals are already receiving home health services or could receive home health services regardless of the change in the homebound statute.  It simply gives them their freedom.

The "homebound rule" was put in effect in the 1960s.  Then, most people with significant disabilities were, in fact, unable to leave their homes both because of their health and the barriers all around them.  Thanks to advances in technology and greater community accessibility through the passage of the ADA, this seldom is the case today.  Unfortunately, Medicare policy has not kept pace with our times and is now punishing the very people it was intended to benefit.

Americans all across the nation, who paid into Medicare and now rely on it for their very lives, are serving life sentences in their homes.  Like David Jayne who is dying of ALS - Lou Gehrig's disease, they know if they leave their home at almost anytime, they can lose their eligibility for Medicare home health services - their lifeline.  The committee should exempt certain Medicare beneficiaries who have severe and permanent disabilities and who will require home health services throughout the remainder of their abbreviated lives, from having to be "confined to home" in order to continue to receive the benefit.

We urge the Finance Committee to take action on behalf of David Jayne, his two children, and other families affected by this harsh restriction by including a modest version of S. 2085 and H.R. 1490 in the Senate Medicare provider bill this year.  This modest approach would allow those Americans in David's Jayne's situation the opportunity to continue to receive life sustaining home health services even if they leave their homes to enjoy family and community activities.    

The David Jayne Medicare Homebound Modernization Act is truly a bipartisan effort.  Senator Susan Collins (R-ME) and Congressman Edward Markey (D-MA) are sponsors of the companion bills, which are supported by many of their colleagues in both parties.