[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3003 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3003

  To preserve access to outpatient cancer therapy services under the 
medicare program by requiring the Health Care Financing Administration 
   to follow appropriate procedures and utilize a formal nationwide 
analysis by the Comptroller General of the United States in making any 
        changes to the rates of reimbursement for such services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2000

 Mr. Ashcroft (for himself, Mr. Hagel, and Mr. Abraham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
  To preserve access to outpatient cancer therapy services under the 
medicare program by requiring the Health Care Financing Administration 
   to follow appropriate procedures and utilize a formal nationwide 
analysis by the Comptroller General of the United States in making any 
        changes to the rates of reimbursement for such services.

    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 ``Cancer Care Preservation Act of 
2000''.

SEC. 2. FINDING.

    Congress finds that in light of the tremendous advances achieved by 
this Nation in its war on cancer, including the development of 
breakthrough therapies, the expansion of the cancer care delivery 
system to convenient and low-cost community settings, and the 
unprecedented annual reduction in American cancer deaths beginning in 
1998, legislation is needed to ensure that these advances are not 
undermined by inappropriate changes to rates of reimbursement for 
outpatient cancer therapy services under the medicare program under 
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

SEC. 3. PRESERVATION OF REIMBURSEMENT RATES FOR OUTPATIENT CANCER 
              THERAPY SERVICES.

    Notwithstanding any other provision of law, the Administrator of 
the Health Care Financing Administration may not implement any 
reduction to the rates of reimbursement for outpatient cancer therapy 
services under the medicare program under title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.), unless such reductions--
            (1) are developed in consultation with the Comptroller 
        General of the United States, the Medicare Payment Advisory 
        Commission established under section 1805 of such Act (42 
        U.S.C. 1395b-6) (in this Act referred to as ``MedPAC''), and 
        representatives of the cancer care community, including 
        patients, survivors, nurses, physicians, and researchers;
            (2) provide for appropriate payment rates for outpatient 
        cancer therapy services, based upon the determinations made by 
        the Comptroller General of the United States in the nationwide 
        analysis required under section 4 of this Act; and
            (3) are authorized by an Act of Congress.

SEC. 4. FORMAL NATIONWIDE ANALYSIS OF CLINICAL RESOURCES NECESSARY TO 
              PROVIDE SAFE OUTPATIENT CANCER THERAPY SERVICES.

    (a) Analysis.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a nationwide analysis to determine the 
        physician and non-physician clinical resources necessary to 
        provide safe outpatient cancer therapy services and the 
        appropriate payment rates for such services under the medicare 
        program under title XVIII of the Social Security Act (42 U.S.C. 
        1395 et seq.).
            (2) Issues analyzed.--In conducting the analysis under 
        paragraph (1), the Comptroller General of the United States 
        shall determine--
                    (A) the adequacy of practice expense relative value 
                units associated with the utilization of those clinical 
                resources;
                    (B) the adequacy of work units in the practice 
                expense formula; and
                    (C) the necessity for an additional reimbursement 
                methodology for outpatient cancer therapy services that 
                falls outside the practice expense formula.
            (3) Consultation.--In conducting the analysis under 
        paragraph (1), the Comptroller General of the United States 
        shall consult with Administrator of the Health Care Financing 
        Administration, MedPAC, and representatives of the cancer care 
        community, including patients, survivors, nurses, physicians, 
        and researchers.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit a 
report to Congress on the analysis conducted under subsection (a) 
together with recommendations for such legislative and administrative 
action as the Comptroller General of the United States determines 
appropriate.
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