[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 681 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. RES. 681

  To express the sense of the House of Representatives regarding the 
Medicare national coverage determination on the treatment of anemia in 
                            cancer patients.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2007

Mr. Cohen submitted the following resolution; 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

_______________________________________________________________________

                               RESOLUTION


 
  To express the sense of the House of Representatives regarding the 
Medicare national coverage determination on the treatment of anemia in 
                            cancer patients.

Whereas the Centers for Medicare and Medicaid Services issued a final Medicare 
        National Coverage Determination on the Use of Erythropoiesis Stimulating 
        Agents in Cancer and Related Neoplastic Conditions (CAG-000383N) on July 
        30, 2007;
Whereas 52 United States Senators and 235 Members of the House of 
        Representatives, representing bipartisan majorities in both chambers, 
        have written to the Centers for Medicare and Medicaid Services 
        expressing significant concerns with the proposed National Coverage 
        Determination on the Use of Erythropoiesis Stimulating Agents in Cancer 
        and Related Neoplastic Conditions, issued on May 14, 2007, regarding the 
        use of erythropoiesis stimulating agent therapy for Medicare cancer 
        patients;
Whereas although some improvements have been incorporated into such final 
        National Coverage Determination, the policy continues to raise 
        significant concerns among physicians and patients about the potential 
        impact on the treatment of cancer patients in the United States;
Whereas the American Society of Clinical Oncology, the national organization 
        representing physicians who treat patients with cancer, is specifically 
        concerned about a provision in such final National Coverage 
        Determination that restricts coverage whenever a patient's hemoglobin 
        goes above 10 g/dL;
Whereas the American Society of Clinical Oncology has written to the Centers for 
        Medicare and Medicaid Services to note that such a ``restriction is 
        inconsistent with both the FDA-approved labeling and national 
        guidelines'', to express deep concerns about such final National 
        Coverage Determination, and to urge that the Centers for Medicare and 
        Medicaid Services reconsider such restriction; and
Whereas such restriction could increase blood transfusions and severely 
        compromise the high quality of cancer care delivered by physicians in 
        United States: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the Centers for Medicare and Medicaid Services should 
        begin an immediate reconsideration of the final National 
        Coverage Determination on the Use of Erythropoiesis Stimulating 
        Agents in Cancer and Related Neoplastic Conditions (CAG-
        000383N);
            (2) the Centers for Medicare and Medicaid Services should 
        consult with members of the clinical oncology community to 
        determine appropriate revisions to such final National Coverage 
        Determination; and
            (3) the Centers for Medicare and Medicaid Services should 
        implement appropriate revisions to such final National Coverage 
        Determination as soon as feasible and provide a briefing to 
        Congress in advance of announcing such changes.
                                 <all>