[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1964 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1964

   To amend title XVIII of the Social Security Act to establish new 
  separate fee schedule areas for physicians' services in States with 
 multiple fee schedule areas to improve Medicare physician geographic 
               payment accuracy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

Mrs. Feinstein 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 establish new 
  separate fee schedule areas for physicians' services in States with 
 multiple fee schedule areas to improve Medicare physician geographic 
               payment accuracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF NEW SEPARATE MEDICARE PHYSICIAN FEE 
              SCHEDULE AREAS IN STATES WITH MULTIPLE FEE SCHEDULE AREAS 
              TO IMPROVE MEDICARE PHYSICIAN GEOGRAPHIC PAYMENT 
              ACCURACY.

    (a) In General.--Section 1848(e) of the Social Security Act (42 
U.S.C. 1395w-4(e)) is amended by adding at the end the following new 
paragraph:
            ``(6) Establishment of separate fee schedule areas in 
        states with multiple fee schedule areas to improve physician 
        geographic payment accuracy.--For purposes of computing and 
        applying the geographic adjustment factor under subsection 
        (b)(1)(C) and this subsection in the case of a State that 
        includes more than one fee schedule area--
                    ``(A) the Secretary shall establish as a separate 
                fee schedule area each county or equivalent fee 
                schedule area the geographic adjustment factor for 
                which would (if such separate areas are established and 
                before taking into account the adjustment under this 
                subparagraph) be 5 percent or more above the geographic 
                adjustment factor for such revised locality; and
                    ``(B) for such a locality from which a separate fee 
                schedule area is established under subparagraph (A), 
                the geographic adjustment factor indices shall in no 
                case be less than the geographic adjustment factor 
                otherwise computed if this paragraph did not apply.
        The Secretary shall first apply the previous sentence to 
        services furnished during 2008 and shall again apply it each 
        third year thereafter.''.
    (b) Offsetting Funding Through Requirement for Annual Certification 
of Compliance With State Licensure Requirements for Independent 
Diagnostic Testing Facilities (IDTF).--
            (1) In general.--Section 1862(a) of the Social Security Act 
        (42 U.S.C. 1395y(a)) is amended--
                    (A) by striking ``or'' at the end of paragraph 
                (21);
                    (B) by striking the period at the end of paragraph 
                (22) and inserting ``; or''; and
                    (C) by inserting after paragraph (22) the following 
                new paragraph:
            ``(23) where such expenses are for a diagnostic laboratory 
        test under section 1861(s)(3) performed in an independent 
        diagnostic testing facility in a State or locality described in 
        section 1861(s)(16) unless within the previous 12 months the 
        State or locality (whichever is or are applicable) has 
        certified that the facility is in compliance with all 
        applicable State (or local) licensure requirements.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to tests performed on or after January 1, 2008.
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