II 109th CONGRESS 1st Session S. 2080 IN THE SENATE OF THE UNITED STATES December 12, 2005 Mr. Nelson of Florida 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.

1.

Short title

This Act may be cited as the Equal Access to Medicare Act of 2005.

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 subsection (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.