[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 22 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
S. J. RES. 22

  Providing for congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the Centers for Medicare & 
 Medicaid Services within the Department of Health and Human Services 
relating to Medicare coverage for the use of erythropoiesis stimulating 
          agents in cancer and related neoplastic conditions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2007

    Mr. Baucus (for himself, Mr. Crapo, Mr. Wyden, Mr. Salazar, Ms. 
    Cantwell, Mr. Inhofe, Mrs. Dole, Mr. Burr, Mr. Coburn, and Mrs. 
 Hutchison) introduced the following joint resolution; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                            JOINT RESOLUTION


 
  Providing for congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the Centers for Medicare & 
 Medicaid Services within the Department of Health and Human Services 
relating to Medicare coverage for the use of erythropoiesis stimulating 
          agents in cancer and related neoplastic conditions.

Whereas the Centers for Medicare & 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 the Centers for Medicare & Medicaid Services submitted to the Congress a 
        copy of the national coverage determination rule, a detailed description 
        of the rule, and the proposed effective date of the rule;
Whereas 52 Senators and 235 Members of the House of Representatives, 
        representing bipartisan majorities in both chambers, have written to the 
        Centers for Medicare & 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;
Whereas the leading national medical organization representing physicians who 
        treat patients with cancer has noted that the national coverage 
        determination's hemoglobin level restriction is inconsistent with both 
        the FDA-approved labeling and national guidelines and that its dosing 
        and titration regimen restrictions are inconsistent with established 
        studies, the FDA label, and clinical guidelines and, therefore, has 
        formally requested that the Centers for Medicare & Medicaid Services 
        reconsider these restrictions;
Whereas the leading national medical organization representing physicians who 
        treat patients with disorders affecting the blood and bone marrow, the 
        Nation's leading health care services network dedicated exclusively to 
        cancer treatment and research, and other national, nonprofit 
        organizations dedicated to improving patient access to care have 
        expressed similar concerns regarding the national coverage determination 
        and have called for its reconsideration; and
Whereas despite the strong concerns of the oncology and hematology community, 
        the Centers for Medicare & Medicaid Services has failed to take any 
        action: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule (CAG-000383N) submitted by the Centers for Medicare & Medicaid 
Services within the Department of Health and Human Services relating to 
Medicare coverage for the use of erythropoiesis stimulating agents in 
cancer and related neoplastic conditions, and such rule shall have no 
force or effect.
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