[Congressional Record Volume 149, Number 90 (Wednesday, June 18, 2003)]
[Senate]
[Page S8160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAMBLISS (for himself and Mr. Miller):
  S. 1288. A bill to amend title XVIII of the Social Security Act to 
exclude brachytherapy devices from the prospective payment system for 
outpatient hospital services under the medicare program; to the 
Committee on Finance.
  Mr. CHAMBLISS. Madam President, I rise today to introduce 
legislation, along with my colleague Senator Miller of Georgia, that 
would amend the Medicare portion of the Social Security Act to exclude 
brachytherapy devices from the prospective payment system for 
outpatient hospital services under the Medicare Program. Currently, the 
number of devices reimbursed by Medicare is one set number and non-
specific to the prostate cancer patient.
  Prostate cancer accounts for 43 percent of all cancers found in men--
more than triple the rate of lung cancer. The American Cancer Society 
estimates that nearly 221,000 men in the United States will be 
diagnosed with prostate cancer in 2003 and approximately 27,000 of 
these men will die as a result. The American Cancer Society also 
estimates that about 5,700 men diagnosed will be from Georgia and 
nearly 700 of them may die. This legislation will help some of these 
men fight and survive this indiscriminate killer. Over 130,000 men and 
their sons nationwide have been treated with brachytherapy Theraseeds 
to date.
  Brachytherapy is an important form of radiation treatment for 
prostate cancer in which radioactive ``seeds'' are implanted into the 
patient. While there are several ways to treat prostate cancer, 
patients need the freedom to choose the treatment that best suits them 
and their situation. Tremendous variations exist that may effect the 
clinical requirements for cancer patients using brachytherapy 
theraseeds, including variations in the types of radioactive isotopes, 
as well as the number and radioactive intensity of the seeds. The 
brachytherapy community indicates that these variations result in 
considerable differences in total brachytherapy costs among patients, 
varying from several hundred dollars to over $10,000 per patient. 
Prostate brachytherapy is different from many other clinical 
interventions because of the dramatic variability in the type, number 
and radioactivity of brachytherapy seeds needed to treat each patient. 
This variability is due to differences in the clinical presentation 
from patient to patient, including the type, staging, and size of a 
patient's cancer. This variability also results in a broad range of 
costs per patient. This legislation will allow a more fair 
reimbursement for physicians who are using brachytherapy to treat 
prostate cancer patients. This bill will also allow Medicare patients 
to receive another type of therapy when making decisions and dealing 
with the reality of being diagnosed with prostate cancer.
  I encourage all of my colleagues to support this piece of legislation 
so that men suffering with prostate cancer will have more coverage 
under Medicare should they choose brachytherapy for their treatment.

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