[Congressional Record Volume 153, Number 110 (Wednesday, July 11, 2007)]
[Senate]
[Pages S9024-S9025]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Lott, and Mrs. Feinstein):
  S. 1767. A bill to amend title XVIII of the Social Security Act to 
provide an exception to the 60-day limit on Medicare reciprocal billing 
arrangements between two physicians during the period in which one of 
the physicians is ordered to active duty as a member of a reserve 
component of the Armed Forces; to the Committee on Finance.
  Mr. WYDEN. Mr. President, today, along with my colleague, Senator 
Lott, I am introducing legislation to fix an unforeseen problem that 
unfairly affects the ability of physicians called up to duty in the 
National Guard and Reserve to maintain their practices while they are 
serving our country.

[[Page S9025]]

  Under the Medicare rules, a doctor who is absent from his practice 
can enter into a reciprocal billing arrangement with another doctor, 
who cares for the absent physician's patients and bills Medicare 
accordingly. However, these arrangements cannot last longer than 60 
days. After 60 days, a second replacement must be found. Failure to 
find a replacement can mean losing patients to other doctors or 
providing care that won't be reimbursed by Medicare.
  For doctors called up to active National Guard or Reserve duty, 
finding physicians to cover their patients while they are gone is hard 
enough, especially if they have practices in remote and rural areas.
  Asking these doctors to find replacements every 60 days is just too 
much. These folks are already making tremendous sacrifices for all 
Americans, and there is no good reason to ask them to shoulder this 
additional burden, along with all the other challenges that they must 
confront while they are called up to active duty. The least Congress 
can do is ensure that these brave men and women aren't also asked to 
sacrifice their medical practices.
  In May, the House of Representatives passed a bill introduced by 
Congressman Mike Thompson, and Congressman Sam Johnson that temporarily 
suspended the 60 day rule through the end of the year. Senator Lott and 
I are introducing the same piece of legislation today. We are also 
introducing a bill that will provide a permanent fix to this problem; 
Congressman Thompson and Congressman Johnson are also introducing the 
permanent fix today in the House.
  I urge the Senate to pass both pieces of legislation as soon as 
possible. These doctors are making enormous sacrifices and are 
responsible for saving countless lives. We owe it to them to ensure 
that when they come home, their medical practices remain viable. Fixing 
this Medicare rule will help ensure this.
  I ask unanimous consent that the text of S. 1767 and S. 1768 be 
printed in the Record.
  There being no objection, the text of the bills was ordered to be 
printed in the Record, as follows:

                                S. 1767

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

     SECTION 1. EXCEPTION TO 60-DAY LIMIT ON MEDICARE RECIPROCAL 
                   BILLING ARRANGEMENTS IN CASE OF PHYSICIANS 
                   ORDERED TO ACTIVE DUTY IN THE ARMED FORCES.

       (a) In General.--Section 1842(b)(6)(D)(iii) of the Social 
     Security Act (42 U.S.C. 1395u(b)(6)(D)(iii)) is amended by 
     inserting after ``of more than 60 days'' the following: ``or 
     are provided (before January 1, 2008) over a longer 
     continuous period during all of which the first physician has 
     been called or ordered to active duty as a member of a 
     reserve component of the Armed Forces''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to services furnished on or after the date of the 
     enactment of this section.
                                  ____


                                S. 1768

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

     SECTION 1. EXCEPTION TO 60-DAY LIMIT ON MEDICARE RECIPROCAL 
                   BILLING ARRANGEMENTS IN CASE OF PHYSICIANS 
                   ORDERED TO ACTIVE DUTY IN THE ARMED FORCES.

       (a) In General.--Section 1842(b)(6)(D)(iii) of the Social 
     Security Act (42 U.S.C. 1395u(b)(6)(D)(iii)) is amended by 
     inserting after ``of more than 60 days'' the following: ``or 
     are provided over a longer continuous period during all of 
     which the first physician has been called or ordered to 
     active duty as a member of a reserve component of the Armed 
     Forces''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to services furnished on or after the date of the 
     enactment of this section.
                                 ______