II110th CONGRESS1st SessionS. 1964IN THE SENATE OF THE UNITED STATESAugust 2, 2007Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo 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.

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.