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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9778 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9778

 To amend title XVIII of the Social Security Act to include penicillin 
 allergy verification and evaluation as part of the initial preventive 
            physical examination under the Medicare program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2024

   Mr. Bucshon (for himself, Mr. Bera, Mr. Griffith, Mr. Peters, Mr. 
   Murphy, Ms. Schrier, Mr. Kelly of Pennsylvania, Ms. DelBene, Mrs. 
 Miller-Meeks, and Ms. Underwood) 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 include penicillin 
 allergy verification and evaluation as part of the initial preventive 
            physical examination under the Medicare program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Penicillin Allergy Verification and 
Evaluation Act'' or the ``PAVE Act''.

SEC. 2. FINDINGS.

    Congress makes the following:
            (1) On September 28, 1928, Alexander Fleming, a Scottish 
        bacteriologist, discovered penicillin, forever changing 
        healthcare by identifying an effective way to treat a wide 
        range of infections which opened the doctor for numerous 
        successful medical treatments.
            (2) Millions of patients believe they are allergic to 
        penicillin, but information cited by the Centers for Disease 
        Control and Prevention and recent medical journal articles in 
        the Journal of the American Medical Association and the Journal 
        of Allergy and Clinical Immunology, shows that more than 90 
        percent of patients who have a self-reported penicillin allergy 
        in their electronic medical record can safely take penicillin 
        after verification testing.
            (3) A 2020 medical research review found, penicillin 
        allergy is estimated to affect approximately 10 percent of the 
        population, and 15 percent of hospitalized patients are labeled 
        with a penicillin allergy.
            (4) Penicillin allergy label is associated with poor 
        patient outcomes including increased hospital length of stay, 
        increased perioperative infections, and overall increased 
        mortality according to the New England Journal of Medicine.
            (5) A 2018 paper in the Journal of Allergy and Clinical 
        Immunology indicates that penicillin allergy evaluation by any 
        means has been shown to be a cost-saving intervention.
            (6) Delabeling penicillin allergy is an important component 
        of antibiotic stewardship and is endorsed by many professional 
        organizations and public health bodies, including the American 
        Academy of Allergy, Asthma & Immunology.
            (7) A 2023 study of adults 65 and older with a penicillin 
        allergy label published in the Annals of Allergy, Asthma & 
        Immunology found that 97 percent were disproved after 
        verification testing.

SEC. 3. PENICILLIN ALLERGY VERIFICATION AND EVALUATION FOR SENIORS.

    (a) Initial Preventive Physical Examination.--Section 1861(ww) of 
the Social Security Act (42 U.S.C. 1395x(ww)) is amended--
            (1) In paragraph (1)--
                    (A) by inserting ``penicillin allergy verification 
                and evaluation (as defined in paragraph (5)),'' after 
                ``(as defined in paragraph (4)),''; and
            (2) in paragraph (2)--
                    (A) by redesignating subparagraph (O) as 
                subparagraph (P); and
                    (B) by inserting after subparagraph (N) the 
                following new subparagraph:
                    ``(O) Penicillin allergy verification and 
                evaluation.''; and
            (3) by adding at the end the following new paragraph:
            ``(5) For purposes of paragraph (1), the term `penicillin 
        allergy verification and evaluation' means--
                    ``(A) identification of individuals reporting a 
                history of penicillin allergy;
                    ``(B) consideration of whether the reported 
                reaction history is consistent with an allergy or 
                hypersensitivity reaction or can be reevaluated;
                    ``(C) the provision of information on the adverse 
                individual and public health impact of a penicillin 
                allergy label; and
                    ``(D) a referral to an allergy or immunology 
                specialist, as appropriate.''.
    (b) Annual Wellness Visit.--Section 1861(hhh)(2) of the Social 
Security Act (42 U.S.C. 1395x(hhh)(2)) is amended--
            (1) by redesignating subparagraph (I) as subparagraph (J); 
        and
            (2) by inserting after subparagraph (H) the following new 
        subparagraph:
                    ``(I) Penicillin allergy verification and 
                evaluation (as defined in subsection (ww)(5)).''.
    (c) Rule of Construction.--Nothing in the amendments made by 
subsection (a) or (b) shall be construed to prohibit separate payment 
for structured penicillin allergy validation and evaluation services 
furnished to an individual on the same day as an initial preventive 
physical examination or an annual wellness visit.
    (d) Effective Date.--The amendments made by this section shall 
apply to examinations and visits furnished on or after January 1, 2025.
                                 <all>
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