110 HR 4736 IH: To amend part B of title XVIII of the Social Security Act U.S. House of Representatives 2007-12-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4736 IN THE HOUSE OF REPRESENTATIVES December 17, 2007 Mr. Feeney introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 part B of title XVIII of the Social Security Act to repeal limiting charges under the Medicare Program for non-participating physicians and to preempt State laws that prohibit balance billing.

1.

Removal of limiting charges for physicians services under Medicare

(a)

In general

Sections 1848(g) of the Social Security Act (42 U.S.C. 1395w–4(g)) is amended— (1)in subsection (g), by striking paragraphs (1) and (2); and (2)in subsection (h), by striking and the maximum amount that may be charged consistent with subsection (g)(2). (b)

Conforming amendments

(1)Section 1842(b)(3) of such Act (42 U.S.C. 1395u(b)(3)) is amended by striking subparagraph (G). (2)Section 1842(h)(7) of such Act (42 U.S.C. 1395u(h)(7)) is amended— (A)by adding and at the end of subparagraph (B); (B)by striking , and at the end of subparagraph (C) and inserting a period; and (C)by striking subparagraph (D). (3)Section 1852(k)(2)(A) of such Act (42 U.S.C. 1395w–22(k)(2)(A)) is amended by striking clause (ii). (c)

Effective date

The amendments made by this section shall apply to services furnished on or after the date of the enactment of this Act.

2.

Preemption of State laws limiting charges for physicians’ services

(a)

In general

No State may impose a limit on the amount of charges, in relation to recognized payment amounts under any health plan or otherwise, a physician (as defined in section 1861(r)(1) of the Social Security Act) may impose for services furnished by the physician and any such limit is hereby preempted. (b)

State

In this section, the term State includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.