[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 128 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 128

To amend title XVIII of the Social Security Act to provide for coverage 
  under the Medicare Program of oral drugs to treat low blood calcium 
  levels or elevated parathyroid hormone levels for patients with end 
                          stage renal disease.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

   Mr. Holt introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, 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 oral drugs to treat low blood calcium 
  levels or elevated parathyroid hormone levels for patients with end 
                          stage renal disease.

    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 Coverage of Replacement 
Calcitriol Act of 2003''.

SEC. 2. MEDICARE COVERAGE OF ORAL DRUGS USED TO TREAT LOW BLOOD CALCIUM 
              LEVELS OR ELEVATED PARATHYROID HORMONE LEVELS FOR END 
              STAGE RENAL DISEASE PATIENTS.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by inserting ``and'' at the end; 
        and
            (3) by inserting after subparagraph (V) the following new 
        subparagraph:
            ``(W) an oral drug (which is approved by the Food and Drug 
        Administration) that--
                    ``(i) is prescribed for use in the treatment of low 
                blood calcium levels or elevated parathyroid hormone 
                levels in patients medically determined to have end 
                stage renal disease;
                    ``(ii) is a full replacement for such treatment 
                which would otherwise be administered intravenously; 
                and
                    ``(iii) the Secretary determines results in overall 
                cost savings for such treatment which would otherwise 
                be administered intravenously;''.
    (b) Interim Payment Pending Publication of Final Rule.--For the 
period beginning 30 days after the date of the enactment of this Act 
and ending on the date the Secretary of Health and Human Services 
publishes a final regulation to carry out section 1861(s)(2)(W) of the 
Social Security Act, as added by subsection (a)--
            (1) oral drugs furnished under such section are deemed to 
        result in the overall cost savings described in clause (iii) of 
        such section, and
            (2) the Secretary shall provide for payment for oral drugs 
        furnished under such section during such period, and assign 
        such temporary HCPCS code as is necessary to provide for such 
        payment.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to oral drugs furnished on or after the date of the enactment of 
this Act.
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