[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1384 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1384

  To amend part B of title XVIII of the Social Security Act to remove 
   limiting charges under the Medicare Program for non-participating 
   physicians with beneficiary notice and to preempt State laws that 
                       prohibit balance billing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2009

Mr. Price of Georgia introduced the following bill; 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

_______________________________________________________________________

                                 A BILL


 
  To amend part B of title XVIII of the Social Security Act to remove 
   limiting charges under the Medicare Program for non-participating 
   physicians with beneficiary notice and to preempt State laws that 
                       prohibit balance billing.

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

SECTION 1. REMOVING LIMITATIONS ON BALANCE BILLING WITH BENEFICIARY 
              NOTICE.

    (a) In General.--Section 1848(g) of the Social Security Act (42 
U.S.C. 1395w-4(g)) is amended--
            (1) in paragraph (1)(A), in the matter before clause (i), 
        by inserting ``, subject to subparagraph (D),'' after 
        ``enrolled under this part'';
            (2) in paragraph (1), by adding at the end the following 
        new subparagraph:
                    ``(D) Exception.--Subparagraph (A) shall not apply 
                with respect to physicians' services furnished to an 
                individual if the individual furnishing such services 
                provides the advance notice of such non-participation 
                and non-acceptance of assignment under paragraph 
                (8).''; and
            (3) by adding at the end the following new paragraph:
            ``(8) Notice of non-participation and non-acceptance of 
        assignment.--For purposes of paragraph (1)(D), the advance 
        notice of non-participation and non-acceptance of assignment 
        shall be, with respect to an item or service furnished under 
        this part by (or under the supervision of) a physician, a 
        notice (that may be in the form of a posting in a conspicuous 
        place in a physician's office or on patient information forms) 
        that is posted or otherwise furnished in a manner so as to 
        inform the individual receiving the item or service that--
                    ``(A) the physician furnishing (or supervising the 
                furnishing of) the items or service is not a 
                participating physician and does not accept assignment 
                with respect to the service; and
                    ``(B) because of such non-acceptance, in the case 
                of physicians' services furnished to an individual, the 
                charge imposed is not limited and may exceed the 
                limiting charge described in paragraph (2).''.
    (b) Conforming Amendment to Private Contract Provisions.--Section 
1802 of such Act (42 U.S.C. 1395a) is amended by adding at the end the 
following new paragraph:
            ``(6) Exception.--The previous provisions of this 
        subsection shall not apply to physicians' services furnished to 
        an individual if the advance notice described in section 
        1848(g)(8) has been provided.''.
    (c) Conforming Amendment to Participation Provisions.--Section 
1842(h) of such Act (42 U.S.C. 1395u) is amended by adding at the end 
the following new paragraph:
    ``(9) The previous provisions of this subsection, insofar as they 
limit the charges that a participating physician may impose, shall not 
apply to physicians' services furnished to an individual if the advance 
notice described in section 1848(g)(8) has been provided.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after the date of the enactment of 
this Act.

SEC. 2. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIANS' 
              SERVICES.

    (a) In General.--No State may impose a limit on the amount of 
charges, in relation to recognized payment amounts under any health 
plan or otherwise, a physician (as defined in section 1861(r)(1) of the 
Social Security Act) may impose for services furnished by the physician 
and any such limit is hereby preempted.
    (b) State.--In this section, the term ``State'' includes the 
District of Columbia, Puerto Rico, the Virgin Islands, Guam, and 
American Samoa.
                                 <all>