I 111th CONGRESS 2d Session H. R. 5290 IN THE HOUSE OF REPRESENTATIVES May 12, 2010 Ms. Giffords (for herself, Mr. Burgess, and Mr. Larson of Connecticut) 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 permit physicians and suppliers a new election to become Medicare participating physicians and suppliers if Medicare physician fee schedule rates are extended.

1.

Short title

This Act may be cited as the More Doctors, More Choices Act of 2010.

2.

Additional election opportunity for physicians and suppliers to become Medicare participating physicians and suppliers if Medicare physician fee schedule rates are extended

(a)

In general

Notwithstanding any other provision of law, if a Medicare SGR extension law is enacted during the 111th Congress, the Secretary of Health and Human Services shall permit a physician or supplier who furnishes (or may furnish) services for which payment is made under the Medicare physician fee schedule (or would be so made but for a contract under section 1802(b) of the Social Security Act) and is not a Medicare participating physician or supplier to elect to become such a Medicare participating physician or supplier. (b)

Election process

The election under subsection (a)— (1)shall occur during a period specified by the Secretary of not less than 30 days beginning not later than 30 days after the date of the enactment of the Medicare SGR extension law; (2)shall be made through a process that is consistent with the existing open enrollment process under which physicians and suppliers otherwise make a participation election; and (3)shall become effective for items and services furnished on or after the date that is 15 days after the last date of the election period under paragraph (1). (c)

Treatment of private contracts

In the case of a physician or practitioner who has entered into a contract under section 1802(b) of the Social Security Act (42 U.S.C. 1395a(b)) that is in effect as of the date of the enactment of the Medicare SGR extension law (or this Act, if later) and who makes an election to be a Medicare participating physician or supplier under this section during the election period under subsection (b)(1)— (1)such election shall not apply to the contract until the date of the contract would otherwise terminate without regard to this subsection, unless the medicare beneficiary involved terminates the contract through timely notice to the physician or practitioner; and (2)notwithstanding such section 1802(b), the 2-year limitation imposed under the affidavit described in paragraph (3)(B)(i) of such section shall not apply to services furnished as a participating physician or supplier pursuant to such election. (d)

Definitions

In this section: (1)

Medicare participating physician or supplier

The term Medicare participating physician or supplier has the meaning given the term participating physician or supplier in section 1842(h)(1) of the Social Security Act (42 U.S.C. 1395u(h)(1)). (2)

Medicare physician fee schedule

The term Medicare physician fee schedule means the payment schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w–4). (3)

Medicare SGR extension law

The term Medicare SGR extension law means a law that extends or revises for at least 1 year the amount of the conversion factor under section 1848(d) of the Social Security Act (42 U.S.C. 1395w–4(d)) so that it is not lower than the conversion factor for May 2010. (4)

Secretary

The term Secretary means the Secretary of Health and Human Services.