[Congressional Record Volume 153, Number 129 (Tuesday, September 4, 2007)]
[Senate]
[Pages S11080-S11081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


MEDICARE NATIONAL COVERAGE DETERMINATION ON THE TREATMENT OF ANEMIA IN 
                            CANCER PATIENTS

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Finance Committee be discharged from further consideration and the 
Senate now proceed to S. Res. 305.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 305) to express the sense of the 
     Senate regarding the Medicare national coverage determination 
     on the treatment of anemia in cancer patients.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, and the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 305) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 305

       Whereas the Centers for Medicare & Medicaid Services issued 
     a final Medicare National Coverage Determination on the Use 
     of Erythropoiesis Stimulating Agents in Cancer and Related 
     Neoplastic Conditions (CAG-000383N) on July 30, 2007;
       Whereas 52 United States Senators and 235 Members of the 
     House of Representatives, representing bipartisan majorities 
     in both chambers, have written to the Centers for Medicare & 
     Medicaid Services expressing significant concerns with the 
     proposed National Coverage Determination on the Use of 
     Erythropoiesis Stimulating Agents in Cancer and Related 
     Neoplastic Conditions, issued on May 14, 2007, regarding the 
     use of erythropoiesis stimulating agent therapy for Medicare 
     cancer patients;
       Whereas, although some improvements have been incorporated 
     into such final National Coverage Determination, the policy 
     continues to raise significant concerns among physicians and 
     patients about the potential impact on the treatment of 
     cancer patients in the United States;
       Whereas the American Society of Clinical Oncology, the 
     national organization representing physicians who treat 
     patients with cancer, is specifically concerned about a 
     provision in such final National Coverage Determination that 
     restricts coverage whenever a patient's hemoglobin goes above 
     10 g/dL;
       Whereas the American Society of Clinical Oncology has 
     written to the Centers for Medicare & Medicaid Services to 
     note that such a ``restriction is inconsistent with both the 
     FDA-approved labeling and national guidelines'', to express 
     deep concerns about such final National Coverage 
     Determination, and to urge that the Centers for Medicare & 
     Medicaid Services reconsider such restriction;
       Whereas such restriction could increase blood transfusions 
     and severely compromise the high quality of cancer care 
     delivered by physicians in United States; and
       Whereas the Centers for Medicare & Medicaid Services has 
     noted that the agency did not address the impact on the blood 
     supply in such final National Coverage Determination and has 
     specifically stated, ``[t]he concern about the adequacy of 
     the nation's blood supply is not a relevant factor for 
     consideration in this national coverage determination'': Now, 
     therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) the Centers for Medicare & Medicaid Services should 
     begin an immediate reconsideration of the final National 
     Coverage Determination on the Use of Erythropoiesis 
     Stimulating Agents in Cancer and Related Neoplastic 
     Conditions (CAG-000383N);
       (2) the Centers for Medicare & Medicaid Services should 
     consult with members of the clinical oncology community to 
     determine

[[Page S11081]]

     appropriate revisions to such final National Coverage 
     Determination; and
       (3) the Centers for Medicare & Medicaid Services should 
     implement appropriate revisions to such final National 
     Coverage Determination as soon as feasible and provide a 
     briefing to Congress in advance of announcing such changes.

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