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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3790 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3790

      To amend title XVIII of the Social Security Act to provide 
  comprehensive cancer patient treatment education under the Medicare 
     Program and to provide for research to improve cancer symptom 
                              management.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 18, 2012

 Mr. Israel (for himself, Mr. Tiberi, Mr. Frank of Massachusetts, Ms. 
  Norton, Mr. Ellison, Mr. Grijalva, and Mr. Hinchey) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
      To amend title XVIII of the Social Security Act to provide 
  comprehensive cancer patient treatment education under the Medicare 
     Program and to provide for research to improve cancer symptom 
                              management.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving Cancer 
Treatment Education Act of 2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
  TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE 
                            MEDICARE PROGRAM

Sec. 101. Medicare coverage of comprehensive cancer patient treatment 
                            education services.
      TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT

Sec. 201. Sense of Congress.
Sec. 202. NIH Research on cancer symptom management improvement.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Many people with cancer experience side effects, 
        symptoms, and late complications associated with their disease 
        and their treatment, which can have a serious adverse impact on 
        their health, well-being, and quality of life.
            (2) Many side effects and symptoms associated with cancer 
        and its treatment can be reduced or controlled by the provision 
        of timely symptom management and services and also by educating 
        people with cancer and their caregivers about the potential 
        effects before treatment begins.
            (3) Studies have found that individualized educational 
        intervention for cancer pain management from a registered nurse 
        was effective for patients with cancer being treated in 
        outpatient and home-based settings. Similarly, the number of 
        caregivers who said they were well informed and confident about 
        caregiving after attending a family caregiver cancer education 
        program which increased after program attendance.
            (4) People with cancer benefit from having an educational 
        session with oncology nurses in advance of the initiation of 
        treatment to learn how to reduce the risk of and manage adverse 
        effects and maximize well-being. Helping patients to manage 
        their side effects reduces adverse events and the need for 
        urgent or inpatient care.
            (5) The Oncology Nursing Society has received reports from 
        its members that, because the Medicare program and other payers 
        do not cover the provision of patient treatment education, 
        patients and their caregivers often do not receive adequate 
        education before the onset of such patients' treatment for 
        cancer regarding the course of such treatment and the possible 
        side effects and symptoms such patients may experience. The 
        Oncology Nursing Society recommends that all patients being 
        treated for cancer have a one-on-one educational session with a 
        nurse in advance of the onset of such treatment so that such 
        patients and their caregivers receive the information they need 
        to help minimize adverse events related to such treatment and 
        maximize the well-being of such patients.
            (6) Insufficient or non-existent Medicare payments coupled 
        with poor investment in symptom management research contribute 
        to the inadequate education of patients, poor management and 
        monitoring of cancer symptoms, and inadequate handling of late 
        effects of cancer and its treatment.
            (7) People with cancer often do not have the symptoms 
        associated with their disease and the associated treatment 
        managed in a comprehensive or appropriate manner.
            (8) People with cancer deserve to have access to 
        comprehensive care that includes appropriate treatment and 
        symptom management.
            (9) Patients who receive infused chemotherapy likely obtain 
        some treatment education during the course of the 
        administration of their treatment; yet, many do not, and 
        individuals who may receive a different type of cancer care, 
        such as radiation or surgical interventions or oral 
        chemotherapy taken at home, likely do not receive treatment 
        education during their treatment.
            (10) Comprehensive cancer care must include access to 
        services and management associated with nausea, vomiting, 
        fatigue, depression, pain, and other symptoms.
            (11) The Institute of Medicine report, ``Ensuring Quality 
        Cancer Care'' asserts that ``much can be done to relieve the 
        symptoms, ease distress, provide comfort, and in other ways 
        improve the quality of life of someone with cancer. For a 
        person with cancer, maintenance of quality of life requires, at 
        a minimum, relief from pain and other distressing symptoms, 
        relief from anxiety and depressions, including the fear of 
        pain, and a sense of security that assistance with be readily 
        available if needed.''.
            (12) The Institute of Medicine report, ``Cancer Care for 
        the Whole Patient: Meeting Psychosocial Health Needs'' 
        recognizes that cancer patients' psychosocial needs include 
        information about their therapies and the potential side 
        effects.
            (13) As more than half of all cancer diagnoses occur among 
        individuals age 65 and older, the challenges of managing cancer 
        symptoms are growing for patients enrolled in the Medicare 
        program.
            (14) Provision of Medicare payment for comprehensive cancer 
        patient treatment education, coupled with expanded cancer 
        symptom management research, will help improve care and quality 
        of life for people with cancer from the time of diagnosis 
        through survivorship or end of life.

  TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE 
                            MEDICARE PROGRAM

SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT 
              EDUCATION SERVICES.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (EE);
                    (B) by adding ``and'' at the end of subparagraph 
                (FF); and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(GG) comprehensive cancer patient treatment education 
        services (as defined in subsection (iii)(1));''; and
            (2) by adding at the end the following new subsection:

      ``Comprehensive Cancer Patient Treatment Education Services

    ``(iii)(1) The term `comprehensive cancer patient treatment 
education services' means--
            ``(A) in the case of an individual who is diagnosed with 
        cancer, the provision of a one-hour patient treatment education 
        session delivered by a registered nurse that--
                    ``(i) is furnished to the individual and the 
                caregiver (or caregivers) of the individual in advance 
                of the onset of treatment and to the extent 
                practicable, is not furnished on the day of diagnosis 
                or on the first day of treatment;
                    ``(ii) educates the individual and such caregiver 
                (or caregivers) to the greatest extent practicable, 
                about all aspects of the care to be furnished to the 
                individual, informs the individual regarding any 
                potential symptoms, side-effects, or adverse events, 
                and explains ways in which side effects and adverse 
                events can be minimized and health and well-being 
                maximized, and provides guidance regarding those side 
                effects to be reported and to which health care 
                provider the side effects should be reported;
                    ``(iii) includes the provision, in written form, of 
                information about the course of treatment, any 
                responsibilities of the individual with respect to 
                self-dosing, and ways in which to address symptoms and 
                side-effects; and
                    ``(iv) is furnished, to the greatest extent 
                practicable, in an oral, written, or electronic form 
                that appropriately takes into account cultural and 
                linguistic needs of the individual in order to make the 
                information comprehensible to the individual and such 
                caregiver (or caregivers); and
            ``(B) with respect to an individual for whom a course of 
        cancer treatment or therapy is materially modified, a one-hour 
        patient treatment education session described in subparagraph 
        (A), including updated information on the matters described in 
        such subparagraph should the individual's oncologic health care 
        professional deem it appropriate and necessary.
    ``(2) In establishing standards to carry out paragraph (1), the 
Secretary shall consult with appropriate organizations representing 
providers of oncology patient treatment education services and 
organizations representing people with cancer.''.
    (b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 
1395l(a)(1)) is amended--
            (1) by striking ``and'' before ``(Z)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (AA) with respect to comprehensive cancer 
        patient treatment education service (as defined in section 
        1861(iii)(1)), 150 percent of the payment rate established 
        under section 1848 for diabetes outpatient self-management 
        training services (as defined in section 1861(qq)), determined 
        and applied without regard to any coinsurance''.
    (c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C. 
1395y(a)(1)) is amended--
            (1) in subparagraph (O), by striking ``and'' at the end;
            (2) in subparagraph (P), by striking the semicolon at the 
        end and inserting ``, and''; and
            (3) by adding at the end the following new subparagraph:
            ``(Q) in the case of comprehensive cancer patient treatment 
        education services (as defined in subsection (iii)(1)) which 
        are performed more frequently than is covered under such 
        section;''.
    (d) No Impact on Payment for Other Services.--Nothing in this 
section shall be construed to affect or otherwise authorize any 
reduction or modification, in the Medicare payment amounts otherwise 
established for chemotherapy infusion or injection codes with respect 
to the calculation and payment of minutes for chemotherapy teaching or 
related services.
    (e) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after the first day of the first 
calendar year that begins after the date of the enactment of this Act.

      TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT

SEC. 201. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) many people with cancer experience side effects, 
        symptoms, and late side effects associated with their disease 
        and their treatment, and such effects can have a serious 
        adverse impact on the effectiveness of their treatment, their 
        health, well-being, and quality of life;
            (2) with the number of cancer survivors continuing to grow, 
        addressing the effects of their symptoms and side effects are 
        becoming increasingly critical in reducing the burden of cancer 
        and its treatments;
            (3) although research is producing new insights into the 
        causes of and cures for cancer, efforts to manage the symptoms 
        and side effects of the disease and its treatments have not 
        kept pace; and
            (4) the National Institutes of Health should continue to 
        support research in the area of symptom management and the role 
        that nurses play in providing those interventions.

SEC. 202. NIH RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT.

    (a) In General.--The Director of the National Institutes of Health 
shall expand, intensify, and coordinate programs for the conduct and 
support of research with respect to--
            (1) improving the treatment and management of symptoms and 
        side effects associated with cancer and cancer treatment; and
            (2) evaluating the role of nursing interventions in the 
        amelioration of such symptoms and side effects.
    (b) Administration.--The Director of the National Institutes of 
Health is encouraged to carry out this section through the Director of 
the National Cancer Institute, in collaboration with at least the 
directors of the National Institute of Nursing Research, the National 
Institute of Neurological Disorders and Stroke, the National Institute 
of Mental Health, the National Center on Minority Health and Health 
Disparities, the National Center for Complementary and Alternative 
Medicine, and the Agency for Healthcare Research and Quality.
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