[Congressional Record Volume 155, Number 153 (Wednesday, October 21, 2009)]
[Senate]
[Pages S10647-S10648]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2696. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 1776, to amend title XVIII of the Social Security 
Act to provide for the update under the Medicare physician fee schedule 
for years beginning with 2010 and to sunset the application of the 
sustainable growth rate formula, and for other purposes; which was 
ordered to lie on the table; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Medicare Physician Fairness 
     Act of 2009''.

     SEC. 2. MEDICARE PHYSICIAN FEE SCHEDULE UPDATE FOR 2010 
                   THROUGH 2014.

       Section 1848(d) of the Social Security Act (42 U.S.C. 
     1395w-4(d)) is amended by adding at the end the following new 
     paragraph:
       ``(10) Update for 2010 through 2014.--
       ``(A) In general.--Subject to paragraphs (7)(B), (8)(B), 
     and (9)(B), in lieu of the update to the single conversion 
     factor established in

[[Page S10648]]

     paragraph (1)(C) that would otherwise apply for each of 2010, 
     2011, 2012, 2013, and 2014, the update to the single 
     conversion factor shall be 0.5 percent.
       ``(B) No effect on computation of conversion factor for 
     2015 and subsequent years.--The conversion factor under this 
     subsection shall be computed under paragraph (1)(A) for 2015 
     and subsequent years as if subparagraph (A) had never 
     applied.''.

     SEC. 3. REDUCTION IN TARP FUNDS TO OFFSET THE COSTS OF THE 
                   PAYMENT UPDATE FOR MEDICARE PHYSICIANS' 
                   SERVICES.

       Paragraph (3) of section 115(a) of the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5225) is amended by 
     striking ``$1,259,000,000'' and inserting 
     ``$179,259,000,000''.
                                 ______
                                 
  SA 2697. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1776, to amend title XVIII of the Social Security 
Act to provide for the update under the Medicare physician fee schedule 
for years beginning with 2010 and to sunset the application of the 
sustainable growth rate formula, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HEALTH INSURANCE INDUSTRY ANTITRUST ENFORCEMENT ACT 
                   OF 2009.

       (a) Short Title.--This section may be cited as the ``Health 
     Insurance Industry Antitrust Enforcement Act of 2009''.
       (b) Purpose.--It is the purpose of this section to ensure 
     that health insurance issuers and medical malpractice 
     insurance issuers cannot engage in price fixing, bid rigging, 
     or market allocations to the detriment of competition and 
     consumers.
       (c) Prohibition of Anti-Competitive Activities.--
     Notwithstanding any other provision of law, nothing in the 
     Act of March 9, 1945 (15 U.S.C. 1011 et seq., commonly known 
     as the ``McCarran-Ferguson Act''), shall be construed to 
     permit health insurance issuers (as defined in section 2791 
     of the Public Health Service Act (42 U.S.C. 300gg-91) or 
     issuers of medical malpractice insurance to engage in any 
     form of price fixing, bid rigging, or market allocations in 
     connection with the conduct of the business of providing 
     health insurance coverage (as defined in such section) or 
     coverage for medical malpractice claims or actions.
       (d) Application to Activities of State Commissions of 
     Insurance and Other State Insurance Regulatory Bodies.--
     Nothing in this section shall apply to the information 
     gathering and rate setting activities of any State commission 
     of insurance, or any other State regulatory entity with 
     authority to set insurance rates.

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