[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 345 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 345

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 SENATE OF THE UNITED STATES

                           February 11, 2003

Mr. Nelson of Florida (for himself, Mr. Kennedy, Mr. Graham of Florida, 
Mr. Edwards, and Mr. Sarbanes) 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 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 ``Equal Access to Medicare Act of 
2003''.

SEC. 2. PROHIBITION OF INCIDENTAL FEES AND REQUIRED PURCHASE OF 
              NONCOVERED ITEMS OR SERVICES UNDER MEDICARE.

    (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 
Noncovered 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 noncovered item or service,
        as a prerequisite for the provision of a covered item or 
        service to the beneficiary under this title.
            ``(2) Construction.--Nothing in this subsection shall be 
        construed to apply the prohibition under paragraph (1) to a 
        physician, practitioner, or other individual described in such 
        subsection who does not accept any funds under this title.''.
    (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.
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