[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2795 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2795

To amend title XVIII of the Social Security Act to provide for payment 
under the prospective payment system for hospital outpatient department 
services under the medicare program for new drugs administered in such 
   departments as soon as the drug is approved for marketing by the 
                    Commissioner of Food and Drugs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2002

   Mr. Kerry introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to provide for payment 
under the prospective payment system for hospital outpatient department 
services under the medicare program for new drugs administered in such 
   departments as soon as the drug is approved for marketing by the 
                    Commissioner of Food and Drugs.

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

SECTION 1. MEDICARE PASS-THROUGH PAYMENT UNDER OPD PPS FOR NEW DRUGS AS 
              OF DATE OF APPROVAL FOR MARKETING.

    (a) In General.--Section 1833(t)(6)(C)(i) of the Social Security 
Act (42 U.S.C. 1395l(t)(6)(C)(i)) is amended--
            (1) in subclause (II), by striking ``on the first date'' 
        and all that follows, and inserting the following: ``on the 
        first date on which the drug or biological is furnished as an 
        outpatient hospital service after its approval by the Secretary 
        under section 505 of the Federal Food, Drug, and Cosmetic Act 
        or section 351 of the Public Health Service Act.''; and
            (2) by adding at the end the following flush sentence:
                        ``The Secretary shall implement subclause (II) 
                        by allowing the submission of claims after 
                        issuance of a billing code for services 
                        furnished prior to such issuance, or by other 
                        appropriate means.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to drugs and biologicals approved by the Secretary of Health and 
Human Services on or after January 1, 2003.
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