[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4752 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4752

To amend title XVIII of the Social Security Act to prohibit physicians 
and other health care practitioners from charging a membership or other 
incidental fee (or requiring purchase of other items or services) as a 
  prerequisite for the provision of an item or service to a Medicare 
                              beneficiary.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2002

Mr. Cardin (for himself, Mr. Waxman, Mr. Stark, and Mr. Brown of Ohio) 
 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 prohibit physicians 
and other health care practitioners from charging a membership or other 
incidental fee (or requiring purchase of other items or services) as a 
  prerequisite for the provision of an item or service to a Medicare 
                              beneficiary.

    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 ``Medicare Equal Access to Care Act of 
2002''.

SEC. 2. PROHIBITION OF INCIDENTAL FEES AND REQUIRED PURCHASE OF NON-
              COVERED ITEMS OR SERVICES.

    (a) In General.--Section 1842 of the Social Security Act (42 U.S.C. 
1395u) is amended by adding at the end the following new subsection:
    ``(u) Prohibition of Incidental Fees or Requiring Purchase of Non-
Covered Items or Services.--
            ``(1) In general.--A physician, practitioner (as described 
        in section 1842(b)(18)(C)), or other individual may not--
                    ``(A) charge a membership fee or any other 
                incidental fee to a medicare beneficiary (as defined in 
                section 1802(b)(5)(A)), or
                    ``(B) require a medicare beneficiary (as so 
                defined) to purchase a non-covered item or service,
        as a prerequisite for the provision of a covered item or 
        service to the beneficiary under this title.
            ``(2) Enforcement.--If a physician, practitioner, or other 
        individual knowingly and willfully charges a fee, or requires 
        purchase of a non-covered item or service, in violation of 
        paragraph (1), the Secretary may apply sanctions against such 
        physician in accordance with subsection (j)(2), except the 
        maximum period of exclusion resulting from the application of 
        this paragraph shall not exceed 2 years.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to membership fees and other charges made, or purchases of items 
and services required, on or after the date of enactment of this Act.
                                 <all>