[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3910 Introduced in House (IH)]

  2d Session
                                H. R. 3910

To amend title XVIII of the Social Security Act to provide for coverage 
   under the Medicare Program of certain tests to screen for ovarian 
cancer upon certification by the Director of the National Institutes of 
                 Health that such tests are effective.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2002

  Mr. Israel introduced the following bill; which was referred to the 
 Committee on Energy and 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 provide for coverage 
   under the Medicare Program of certain tests to screen for ovarian 
cancer upon certification by the Director of the National Institutes of 
                 Health that such tests are effective.

    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 ``Protect Our Women From Ovarian 
Cancer Act of 2002''.

SEC. 2. FINDINGS.

            (1) Ovarian cancer is a serious and underrecognized threat 
        to women's health.
            (2) Ovarian cancer, the deadliest of the gynecologic 
        cancers, is the fourth leading cause of cancer death among 
        women in the United States.
            (3) Ovarian cancer occurs in 1 out of 57 women in the 
        United States.
            (4) Approximately 50 percent of the women in the United 
        States diagnosed with ovarian cancer die as a result of the 
        cancer within 5 years; among African-American women, only about 
        48 percent survive 5 years or more.
            (5) Ovarian cancer is readily treatable when it is detected 
        in the beginning stages before it has spread beyond the 
        ovaries, but the vast majority of cases are not diagnosed until 
        the advanced stages when the cancer has spread beyond the 
        ovaries.
            (6) In cases where ovarian cancer is detected in the 
        beginning stages, more than 90 percent of women survive longer 
        than 5 years.
            (7) Only 25 percent of ovarian cancer cases in the United 
        States are diagnosed in the beginning stages.
            (8) In cases where ovarian cancer is diagnosed in the 
        advanced stages, the chance of 5-year survival is only about 25 
        percent.
            (9) Ovarian cancer may be difficult to diagnose because 
        symptoms are easily confused with other diseases and because 
        there is no reliable, easy-to-administer screening tool.

SEC. 3. MEDICARE PREVENTIVE BENEFIT EXPANSION TO INCLUDE CERTAIN 
              SCREENING TESTS FOR OVARIAN CANCER.

    (a) In General.--
            (1) Coverage.--Section 1861 of the Social Security Act (42 
        U.S.C. 1395x) is amended--
                    (A) in subsection (s)(2)--
                            (i) by striking ``and'' at the end of 
                        subparagraphs (U);
                            (ii) by adding ``and'' at the end of 
                        subparagraph (V); and
                            (iii) by inserting after subparagraph (V) 
                        the following new subparagraph:
            ``(W) qualified ovarian cancer screening tests (as defined 
        in subsection (ww)); and''; and
            (2) by adding at the end the following new subsection:

               ``Qualified Ovarian Cancer Screening Tests

    ``(ww)(1) The term `qualified ovarian cancer screening test' means 
a test that consists of any (or all) of the procedures described in 
paragraph (2) provided for the purpose of early detection of ovarian 
cancer to a woman over 50 years of age who has not had such a test 
during the preceding year.
    ``(2) The procedures described in this paragraph are as follows:
            ``(A) A proteomic pattern blood test to identify ovarian 
        cancer.
            ``(B) Such other procedures as the Secretary finds 
        appropriate for the purpose of early detection of ovarian 
        cancer, taking into account changes in technology and standards 
        of medical practice, availability, effectiveness, costs, and 
        such other factors as the Secretary considers appropriate.''.
            (2) Payment for proteomic pattern blood test under clinical 
        diagnostic laboratory test fee schedules.--
                    (A) In general.--Section 1833(h)(1)(A) of such Act 
                (42 U.S.C. 1395l(h)(1)(A)) is amended by inserting 
                after ``(including prostate cancer screening tests 
                under section 1861(oo) consisting of prostate-specific 
                antigen blood tests'' the following: ``, and including 
                ovarian cancer screening tests under section 
                1861(ww)(2)(A) consisting of proteomic pattern blood 
                tests''.
                    (B) Payment rate.--Section 1833(h)(7) of such Act 
                (42 U.S.C. 1395l(h)(7) is amended by inserting after 
                ``a primary screening method for detection of cervical 
                cancer)'' the following: ``and qualified ovarian cancer 
                screening tests under section 1861(ww)(2)(A)''.
            (3) Conforming amendments.--Section 1862(a) of such Act (42 
        U.S.C. 1395y(a)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (H), by striking 
                        ``and'' at the end,
                            (ii) in subparagraph (I), by striking the 
                        semicolon at the end and inserting ``, and'', 
                        and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(J) in the case of qualified ovarian cancer screening 
        tests (as defined in section 1861(ww)), which are performed 
        more frequently than is covered under such section;''; and
                    (B) in paragraph (7), by striking ``or (H)'' and 
                inserting ``(H), or (J)''.
    (b) Contingent Effective Date.--(1) The amendments made subsection 
(a) shall become effective (if at all) in accordance with paragraph 
(2).
    (2)(A) The Secretary of Health and Human Services shall submit to 
Congress the report required under section 4(b) containing the results 
of the evaluation conducted under section 4(a) analyzing the 
effectiveness of using proteomic patterns in blood serum to identify 
ovarian cancer, including the effectiveness of so using proteomic 
patterns in combination with other screening methods for ovarian 
cancer.
    (B) The amendments made by subsection (a) shall become effective, 
on the date that is the first day of the first calendar quarter that 
begins after the Secretary submits the report referred to in 
subparagraph (A), unless the Secretary includes in that report a 
finding that use of such technique is not sufficiently effective, 
reliable, or cost effective for use in detecting ovarian cancer in 
medicare beneficiaries.

SEC. 4. RESEARCH AND REPORT ON EFFECTIVENESS OF USE OF PROTEOMIC 
              PATTERNS IN IDENTIFYING OVARIAN CANCER.

    (a) Research.--The Secretary of Health and Human Services, acting 
through the Director of the National Institutes of Health, shall 
conduct or support research on the effectiveness of the medical 
screening technique of using proteomic patterns in blood serum to 
identify ovarian cancer, including the effectiveness of so using 
proteomic patterns in combination with other screening methods for 
ovarian cancer.
    (b) Report.--The Secretary shall submit to Congress a report on the 
research conducted under subsection (a), and shall include an 
evaluation of such research that analyses the effectiveness of such 
medical screening technique.
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