[Congressional Record Volume 146, Number 112 (Wednesday, September 20, 2000)]
[Senate]
[Page S8857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH:
  S. 3082. A bill to amend title XVIII of the Social Security Act to 
improve the manner in which new medical technologies are made available 
to Medicare beneficiaries under the Medicare Program, and for other 
purposes; to the Committee on Finance.


            Medicare Patient Access to Technology Act 20000

  Mr. HATCH. Mr. President, when I first introduced this legislation 
over one year ago, Medicare beneficiaries with advanced heart disease 
could not gain access to ventriculaassist devices. Medicare patients 
who could have benefitted from cochlear implants did not receive them.
  It is now over a year later. Unfortunately, these problems still 
persist. Medicare beneficiaries still have trouble gaining access to 
many technologies that are covered under private plans. And while the 
Omnibus Budget legislation for FY 2001 addressed the overall problem 
and by addressing access concerns for Medicare beneficiaries, there is 
still plenty of work that needs to be done. That is why I am 
introducing the Medicare Patient Access to Technology Act 2000 today.
  We must eliminate the delays and barriers to access that have arisen 
in the way Medicare decides to cover, code and pay for new devices and 
diagnostics. The measure I am introducing today is identical to 
legislation introduced by Congressman Jim Ramstad and Congresswoman 
Karen Thurman earlier this year. It seeks to build off of the success 
we had last year in the Balanced Budget Refinement Act. The BBRA 
represented an important first step in creating a Medicare program that 
provides timely access to needed treatments.
  The BBRA, which was signed into law as part of last year's omnibus 
budget legislation made significant changes. We crafted special 
temporary payments for new breakthrough technologies to ensure they are 
provided to Medicare beneficiaries in a timely manner. We also 
established payment categories that better reflect advances in clinical 
practice and technology.
  The Medicare Patient Access to Technology Act 2000 recognizes that 
all Medicare beneficiaries, not just those in the outpatient setting, 
should be able to benefit from these kinds of improvements.
  The bill would require: annual updates of Medicare's payment 
programs; temporary procedure codes to be issued by Medicare for new 
technologies at the time of FDA review; quarterly updates of Medicare's 
payment codes; external data to be used to improve the timeliness and 
appropriateness of reimbursement decisions; and annual reports be made 
on the timeliness of its coverage, coding and payment decisions.
  There are some notable changes in this new version of the bill:
  A provision to extend the issuance of temporary codes and quarterly 
coding updates to inpatient, or ICD-9, codes as well as outpatient 
(HCPCS) codes.
  A provision to require HCFA to create open, timely procedures and 
sound methods for making coding and payment decisions for new 
diagnostic tests. It would also give stakeholders the ability to appeal 
a coding or payment decision for a diagnostic test.
  This legislation will provide assistance to Medicare beneficiaries 
who currently face almost insurmountable barriers to advanced 
technologies.
  Without this bill, Medicare will continue to fall far short of making 
the latest technologies and procedures available to beneficiaries in a 
timely manner.
  I will fight for enactment of this bill in an effort to make sure 
that our seniors have access to the advanced treatments that can save 
and improve their lives.
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