[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3095 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3095

To improve the information in databases for individuals with cancer in 
   the United States and to amend the Social Security Act to provide 
 increased coverage for uninsured individuals upon first diagnosis of 
                                cancer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2009

 Mr. Griffith 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 improve the information in databases for individuals with cancer in 
   the United States and to amend the Social Security Act to provide 
 increased coverage for uninsured individuals upon first diagnosis of 
                                cancer.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Medicare Cancer 
Patient Database and Coverage Act of 2009''.
    (b) Findings.--Congress finds the following:
            (1) Each year, more than 1.4 million Americans receive a 
        cancer diagnosis, and more than 11 million Americans are 
        currently living with cancer.
            (2) Newly diagnosed cancer patients need access to quality 
        health care from the time of diagnosis to ensure the best 
        possible outcome, and those entering the period of survivorship 
        require active monitoring and follow-up care related to effects 
        of cancer treatment and possible second cancers.
            (3) More than 47 million Americans have no health 
        insurance, and this number includes many who will be diagnosed 
        with cancer this year.
            (4) Among the non-elderly who receive a cancer diagnosis, 
        more than 10 percent are uninsured, and among minority 
        populations the percentage of uninsured cancer patients is 
        higher.
            (5) Those with no insurance receive less cancer care and 
        receive it later: they have lower rates of cancer screening, 
        experience delays in follow-up after abnormal test results, and 
        are diagnosed at a more advanced stage of disease.
            (6) Uninsured cancer patients receive less care than the 
        insured, and they may face substantial medical expenses leading 
        to bankruptcy.
            (7) Young adults have worse cancer outcomes than young 
        children or older adults; experts believe part of the 
        discrepancy in cancer outcomes can be attributed to the fact 
        this population is less likely to be insured than others.
            (8) The Medicare program is a source of medical insurance 
        for more than half of all cancer patients.
            (9) The Medicare program eliminates financial barriers to 
        care for its beneficiaries and provides quality care to cancer 
        patients.
            (10) Access to care, better cancer outcomes, and protection 
        from devastating out-of-pocket medical expenses could be 
        assured to cancer patients by providing all diagnosed with 
        cancer the opportunity to enroll in Medicare.

SEC. 2. IMPROVING CANCER DATABASE.

    (a) In General.--The Secretary of Health and Human Services shall 
collect such additional data as may be necessary to update existing 
databases that contain data regarding individuals with cancer in the 
United States in order to provide for accurate information of the 
number of such individuals, the types and stages of cancer, and the 
efficacy of different treatments for the types and stages of cancer.
    (b) Data.--The database under subsection (a) shall include 
information to monitor an individual's full experience with cancer 
based upon the stage of the cancer, from the initial diagnosis to early 
and continued treatment until elimination of evidence of cancer or 
death.
    (c) Increased Funding.--There are authorized to be appropriated to 
the National Cancer Institute and the National Institutes of Health 
such additional funding as may be necessary to apply the information in 
the database for improved research and treatment of cancer, including 
providing physicians with timely information on outcomes to improve the 
treatment of cancer and to promote increased quality care.

SEC. 3. MEDICARE COVERAGE FOR UNINSURED CANCER PATIENTS.

    (a) In General.--Title II of the Social Security Act is amended by 
inserting after section 226A the following new section:

 ``special provisions relating to coverage under the medicare program 
           for cancer for uninsured, initial cancer patients

    ``Sec. 226B.  (a) In General.--In accordance with the succeeding 
provisions of this section, every individual shall be entitled to 
benefits under part A, and eligible to enroll under parts B, C and D, 
of title XVIII, subject to the deductible, premium and coinsurance 
provisions of such title if the individual--
    ``(1) is medically determined to have an initial cancer;
    ``(2) is lawfully residing in the United States;
    ``(3) has not attained the age of 65 but would otherwise be 
entitled under section 226(a) to hospital benefits under part A of 
title XVIII;
    ``(4) is not covered by creditable coverage (as defined in 
subsection (e)); and
    ``(5) has filed an application for benefits under this section.
    ``(b) Initiation and Duration of Benefits.--The period of 
entitlement and eligibility described in subsection (a)--
            ``(1) shall begin on the first day of the first month 
        following the date of the medical determination of cancer 
        referred to in subsection (a)(1) (but no earlier than the month 
        preceding the month of the filing of an application for 
        benefits under this section); and
            ``(2) shall end on the date the individual becomes 
        otherwise entitled to benefits under part A of title XVIII 
        under section 226 or, if earlier, is covered under creditable 
        coverage.
    ``(c) Procedures.--
            ``(1) The Secretary shall ensure that processes are 
        established to prevent unnecessary delays in enrolling 
        individuals with cancer under this section. Individuals shall 
        be enrolled on a timely basis upon the filing of an application 
        described in subsection (a)(4) that includes evidence of an 
        initial cancer diagnosis and an attestation that the individual 
        satisfies the requirements of paragraphs (2) and (3) of 
        subsection (a).
            ``(2) The Secretary shall develop educational practices to 
        help ensure that individuals enrolling under this section 
        satisfy the criteria established under subsection (a) and shall 
        implement post-enrollment procedures for identifying 
        individuals who do not satisfy such criteria.
            ``(3) The Secretary shall implement procedures to ensure 
        that the benefits available under this section are not used as 
        a substitute for health benefits that employers or individuals 
        could otherwise provide, obtain, or maintain, and the Secretary 
        shall report to Congress by the end of each fiscal year on the 
        effectiveness of such procedures.
    ``(d) Cancers Excluded.--In this section, the term `cancer' does 
not include basal cell carcinoma or squamous cell carcinoma of the 
skin.
    ``(e) Creditable Coverage Defined.--In this section, the term 
`creditable coverage' has the meaning given such term in section 
2701(c) of the Public Health Service Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to benefits for months beginning 6 months after the date of the 
enactment of this Act.

SEC. 4. ENCOURAGEMENT OF EARLY DETECTION OF CANCER.

    The Secretary of Health and Human Services shall, through existing 
programs and other appropriate means, provide for such an educational 
and outreach campaign as will encourage individuals to be tested for 
cancer at the earliest time for which such testing may be useful in 
detecting the presence of cancer, based upon cancer screening 
recommendations of the United States Preventive Services Task Force.
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