I 111th CONGRESS 1st Session H. R. 3917 IN THE HOUSE OF REPRESENTATIVES October 22, 2009 Mr. Stupak (for himself and Mr. Pitts) 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 modernize and improve the Medicare payment methodology for radiopharmaceuticals under the hospital outpatient prospective payment system and to ensure equitable payment and patient access to certain low volume, high cost radiopharmaceuticals.

1.

Short title

This Act may be cited as the Medicare Nuclear Medicine Payment Group Clarification Act of 2009.

2.

Payment group standards for nuclear medicine procedures and radiopharmaceuticals

(a)

In general

The last sentence of section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) is amended— (1)by inserting , including for a nuclear medicine group the cost of any associated diagnostic radiopharmaceutical that is included in the payment for the service after (or mean cost, if so elected) for an item or service within the group; and (2)by inserting or in the case of services within a nuclear medicine group after Federal Food, Drug and Cosmetic Act. (b)

Effective date

The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2010.