III 110th CONGRESS 1st Session S. RES. 305 IN THE SENATE OF THE UNITED STATES August 3, 2007 Mr. Specter (for himself and Mr. Lautenberg) submitted the following resolution; which was referred to the Committee on Finance September 4, 2007 Committee discharged; considered and agreed to RESOLUTION To express the sense of the Senate regarding the Medicare national coverage determination on the treatment of anemia in cancer patients.

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 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 & 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 & 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 & Medicaid Services reconsider such restriction; Whereas such restriction could increase blood transfusions and severely compromise the high quality of cancer care delivered by physicians in United States; and Whereas the Centers for Medicare & Medicaid Services has noted that the agency did not address the impact on the blood supply in such final National Coverage Determination and has specifically stated, “[t]he concern about the adequacy of the nation’s blood supply is not a relevant factor for consideration in this national coverage determination”: Now, therefore, be it

That it is the sense of the Senate that— (1)the Centers for Medicare & 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 & 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 & 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.