[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1288 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1288

      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.


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                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2003

  Mr. Chambliss (for himself and Mr. Miller) 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 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.--
                            ``(i) In general.--Notwithstanding the 
                        preceding provisions of this subsection, for a 
                        device of brachytherapy furnished on or after 
                        the effective date described in clause (ii), 
                        the amount of payment for the device under this 
                        subsection is equal to the hospital's charges 
                        for each device furnished, adjusted to cost.
                            ``(ii) Effective date.--The effective date 
                        referred to in clause (i) is that date that is 
                        the first day of the third month that begins 
                        after the date of the enactment of this 
                        subparagraph.''.
    (b) Specification of Groups for Brachytherapy Devices.--Section 
1833(t)(2) of the Social Security 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 on or after the effective date described in 
                paragraph (13)(B)(ii), 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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