I 111th CONGRESS 1st Session H. R. 2578 IN THE HOUSE OF REPRESENTATIVES May 21, 2009 Ms. Berkley (for herself, Mr. Heller, Ms. Kilpatrick of Michigan, Mr. Forbes, Mr. Hastings of Florida, Mr. Rush, and Mr. Meek of Florida) 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 title XVIII of the Social Security Act to provide an increased payment for chest radiography (x-ray) services that use Computer Aided Detection technology for the purpose of early detection of lung cancer.

1.

Short title

This Act may be cited as the Medicare Lung Cancer Early Detection Promotion Act of 2009.

2.

Medicare payment for chest radiography that uses Computer Aided Detection technology

Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended— (1)in subsection (b)(1)(B), by striking subsection (c)(1)(A) and inserting subsections (c)(1)(A) and (n); and (2)by adding at the end the following new subsection: (n)

Payment for chest radiography services that use Computer Aided Detection technology for the early detection of lung cancer

(1)

In general

Notwithstanding any other provision of this part, with respect to chest radiography services (identified as of September 1, 2006, by HCPCS codes 71010, 71020, 71021, 71022, and 71030, and as subsequently modified by the Secretary) furnished on or after January 1, 2010, that use Computer Aided Detection technology for the early detection of lung cancer (as defined in paragraph (4)), the amount of payment shall be equal to— (A)with respect to the technical component of such services— (i)the amount of payment under the fee schedule established under section 1848 for such component for the year that would otherwise apply; plus (ii)the amount described in paragraph (2); and (B)with respect to the professional component of such services— (i)the amount of payment under the fee schedule established under section 1848 for such component for the year that would otherwise apply; plus (ii)the amount described in paragraph (3). (2)

Amount described for technical component

The amount described in this paragraph for services furnished— (A)during 2010 is $12; or (B)during a subsequent year is the amount established under this paragraph for the preceding year, increased by the update determined under section 1848(d) for the year. (3)

Amount described for professional component

The amount described in this paragraph for services furnished— (A)during 2010 is $4; and (B)during a subsequent year is the amount established under this paragraph for the preceding year increased by the update determined under section 1848(d) for the year. (4)

Computer Aided Detection technology for the early detection of lung cancer defined

In this subsection, the term Computer Aided Detection technology for the early detection of lung cancer means a computer software technology which allows for the production of a digital chest x-ray image or the conversion of a chest x-ray into a digital image to be subsequently analyzed for early lung cancer nodules and which the Food and Drug Administration has granted approval or clearance. (5)

New codes

The Secretary shall establish new codes for chest radiography services described in paragraph (1) in order to implement this subsection. .