[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5508 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5508

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2002

    Mr. Deal of Georgia (for himself and Mr. Towns) 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 exclude 
     brachytherapy devices from the prospective payment system for 
        outpatient hospital 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. SPECIAL PAYMENT FOR BRACHYTHERAPY UNDER OPD PPS.

    (a) In General.--Section 1833(t)(13) of the Social Security Act (42 
U.S.C. 1395l(t)(13) is amended by adding at the end the following new 
subparagraph:
                    ``(B) Payment for devices of brachytherapy at 
                charges adjusted to cost.--Notwithstanding the 
                preceding provisions of this subsection, for a device 
                of brachytherapy furnished on or after January 1, 2003, 
                the amount of payment for the device under this 
                subsection is equal to the hospital's charges for each 
                device furnished, adjusted to cost.''.
    (b) Specification of Groups for Brachytherapy Devices.--Section 
1833(t)(2) of such Act (42 U.S.C. 1395l(t)(2) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(H) with respect to devices of brachytherapy 
                furnished during 2003 and subsequent years, the 
                Secretary shall create additional groups of covered OPD 
                services that classify such devices separately from the 
                other services (or group of services) paid for under 
                this subsection in a manner reflecting the number, 
                isotope, and radioactive intensity of such devices 
                furnished, including separate groups for palladium-103 
                and iodine-125 devices.''.
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