[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1090 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1090

   To amend title XVIII of the Social Security Act to exclude cancer 
  treatment services from the prospective payment system for hospital 
       outpatient department services under the Medicare Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1999

Mr. Green of Texas (for himself, Mr. Towns, Mr. LaTourette, Mr. Shows, 
  Mr. Meehan, Mr. Gonzalez, Mr. Frost, Mr. Pallone, Mr. Nadler, Mrs. 
Maloney of New York, Mr. Bentsen, Ms. DeLauro, Mrs. Kelly, Mr. LaFalce, 
 Mr. Rodriguez, Mrs. Mink of Hawaii, Mr. Rahall, Mr. Foley, Mr. Walsh, 
 Mr. Wynn, Mr. Kolbe, and Mrs. Emerson) introduced the following bill; 
which was referred to the Committee on Commerce, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII of the Social Security Act to exclude cancer 
  treatment services from the prospective payment system for hospital 
       outpatient department services under the Medicare Program.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Medicare Full 
Access to Cancer Treatment Act of 1999''.
    (b) Findings.--Congress makes the following findings:
            (1) The treatment of cancer is complex and depends on the 
        differing needs of individual patients.
            (2) Patients with cancer should have access to the latest 
        and most effective treatments available.
            (3) Supportive care drugs are an integral and necessary 
        part of comprehensive quality cancer treatment.
            (4) The Medicare Program's payment policy should respect 
        the differing needs of cancer patients and encourage the use of 
        the most safe and effective treatments in medically appropriate 
        settings.
            (5) The Medicare Program should not create financial 
        incentives that reward the use of older, less effective drugs, 
        that reward the use of inadequate supportive care treatments, 
        and otherwise undermine the delivery and availability of safe 
        and effective cancer care.
            (6) Any prospective payment system for services furnished 
        under the Medicare Program to Medicare beneficiaries that is 
        passed by Congress and implemented by the Health Care Financing 
        Administration must not undermine the principles stated in 
        paragraphs (1) through (5).

SEC. 2. PAYMENT FOR CANCER SERVICES EXCLUDED FROM HOSPITAL OUTPATIENT 
              DEPARTMENT SERVICES PROSPECTIVE PAYMENT SYSTEM.

    (a) In General.--Section 1833(t)(1) of the Social Security Act (42 
U.S.C. 1395l(t)(1)) is amended--
            (1) in subparagraph (B), by striking ``For'' and inserting 
        ``Except as provided in subparagraph (C), for'', and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Excluded services.--The term `covered OPD 
                services' does not include any of the following items 
                and services:
                            ``(i) Outpatient cancer treatment.--
                        Services consisting of any drug or biologic 
                        therapy as treatment, supportive care, or both 
                        for patients with cancer.''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to payments under the Medicare Program for hospital 
outpatient department services made on or after the date of the 
enactment of this Act.
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