[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 902 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 902

     To require physicians to provide certain men with information 
concerning prostate specific antigen tests and to provide for programs 
                    of research on prostate cancer.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 12, 1997

  Mrs. Boxer introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
     To require physicians to provide certain men with information 
concerning prostate specific antigen tests and to provide for programs 
                    of research on prostate cancer.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prostate Testing Full Information 
Act''.

SEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS.

    (a) Requirement.--If a covered physician, during a physical 
examination, examines the prostate gland of a patient, the physician 
shall provide information to the patient concerning the availability of 
appropriate diagnostic procedures, including the prostate antigen test, 
if any of the following conditions are present:
            (1) The patient is over 50 years of age.
            (2) The patient manifests clinical symptomatology.
            (3) The patient is at an increased risk of prostate cancer.
            (4) The provision of the information to the patient is 
        medically necessary, in the opinion of the physician.
    (b) Enforcement.--The Secretary of Health and Human Services shall 
promulgate regulations that--
            (1) require the reporting of covered physicians that 
        violate subsection (a) to the Secretary; and
            (2) provide for the application of sanctions to enforce the 
        provisions of subsection (a).
    (c) Definition.--In this section, the term ``covered physician'' 
means a physician as defined in section 1861(r) of the Social Security 
Act (42 U.S.C. 1395x(r)) who has received any Federal payment or 
assistance under any program under--
            (1) the Public Health Service Act (42 U.S.C. 201 et seq.); 
        or
            (2) the Social Security Act (42 U.S.C. 301 et seq.).

SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 (as added by 
section 603(a) of the Newborns' and Mothers' Health Protection Act of 
1996 and amended by section 702(a) of the Mental Health Parity Act of 
1996) is amended by adding at the end the following:

``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``(a) Requirement.--If a physician, during a physical examination, 
examines the prostate gland of a patient, the physician shall provide 
information to the patient concerning the availability of appropriate 
diagnostic procedures, including the prostate antigen test, if any of 
the following conditions are present:
            ``(1) The patient is over 50 years of age.
            ``(2) The patient manifests clinical symptomatology.
            ``(3) The patient is at an increased risk of prostate 
        cancer, as determined pursuant to regulations promulgated by 
        the Secretary of Health and Human Services.
            ``(4) The provision of the information to the patient is 
        medically necessary, in the opinion of the physician.
    ``(b) Prohibition on Limitation.--The provision of information in 
accordance with subsection (a) may not be prohibited under the terms 
of--
            ``(1) any written contract or written agreement between the 
        physician and any group health plan, any health insurance 
        issuer providing health insurance coverage in connection with a 
        group health plan, or any related party with respect to a group 
        health plan; or
            ``(2) any written statement from the plan, issuer, or 
        related party to the physician.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed as requiring a group health plan or a health insurance issuer 
providing health insurance coverage in connection with a group health 
plan to provide coverage for prostate specific antigen tests.
    ``(d) Definition.--In this section, the term `physician' has the 
meaning given such term in section 1861(r) of the Social Security Act 
(42 U.S.C. 1395x(r)).''.
    (b) Clerical Amendment.--The table of contents in section 1 of such 
Act, as amended by section 603 of the Newborns' and Mothers' Health 
Protection Act of 1996 and section 702 of the Mental Health Parity Act 
of 1996, is amended by inserting after the item relating to section 712 
the following new item:

``Sec. 713. Requirement relating to prostate specific antigen test.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after January 1, 1998.

SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE 
              GROUP MARKET.

    (a) In General.--Subpart 2 of part A of title XXVII of the Public 
Health Service Act (as added by section 604(a) of the Newborns' and 
Mothers' Health Protection Act of 1996 and amended by section 703(a) of 
the Mental Health Parity Act of 1996) is amended by adding at the end 
the following new section:

``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``(a) Requirement.--If a physician, during a physical examination, 
examines the prostate gland of a patient, the physician shall provide 
information to the patient concerning the availability of appropriate 
diagnostic procedures, including the prostate antigen test, if any of 
the following conditions are present:
            ``(1) The patient is over 50 years of age.
            ``(2) The patient manifests clinical symptomatology.
            ``(3) The patient is at an increased risk of prostate 
        cancer, as determined pursuant to regulations promulgated by 
        the Secretary of Health and Human Services.
            ``(4) The provision of the information to the patient is 
        medically necessary, in the opinion of the physician.
    ``(b) Prohibition on Limitation.--The provision of information in 
accordance with subsection (a) may not be prohibited under the terms 
of--
            ``(1) any written contract or written agreement between the 
        physician and any group health plan, any health insurance 
        issuer providing health insurance coverage in connection with a 
        group health plan, or any related party with respect to a group 
        health plan; or
            ``(2) any written statement from the plan, issuer, or 
        related party to the physician.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed as requiring a group health plan or a health insurance issuer 
providing health insurance coverage in connection with a group health 
plan to provide coverage for prostate specific antigen tests.
    ``(d) Definition.--In this section, the term `physician' has the 
meaning given such term in section 1861(r) of the Social Security Act 
(42 U.S.C. 1395x(r)).''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to group health plans for plan years beginning on or 
after January 1, 1998.

SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE 
              INDIVIDUAL MARKET.

    (a) In General.--Subpart 3 of part B of title XXVII of the Public 
Health Service Act (as added by section 605(a) of the Newborn's and 
Mother's Health Protection Act of 1996) is amended by adding at the end 
the following new section:

``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``The provisions of section 2706 shall apply to health insurance 
coverage offered by a health insurance issuer in the individual market 
in the same manner as they apply to health insurance coverage offered 
by a health insurance issuer in connection with a group health plan in 
the small or large group market.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to health insurance coverage offered, sold, issued, 
renewed, in effect, or operated in the individual market on or after 
January 1, 1998.

SEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN 
              PROGRAMS OF THE PUBLIC HEALTH SERVICE.

    (a) National Institutes of Health.--Section 417B(c) of the Public 
Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first 
sentence by striking ``$72,000,000'' and all that follows and inserting 
the following: ``$90,250,000 for fiscal year 1998, $108,500,000 for 
fiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000 
for fiscal year 2001.''.
    (b) Agency for Health Care Policy and Research.--Section 902 of the 
Public Health Service Act (42 U.S.C. 299a) is amended by adding at the 
end the following:
    ``(f) Activities Regarding Prostate Cancer.--The Administrator 
shall, with respect to prostate cancer--
            ``(1) conduct and support research on the outcomes, 
        effectiveness, and appropriateness of health services and 
        procedures; and
            ``(2) in carrying out section 912(a), provide for the 
        development, periodic review, and updating of clinically 
        relevant guidelines, standards of quality, performance 
        measures, and medical review criteria.''.
                                 <all>