IIA 

110TH CONGRESS 

1ST SESSION S. J. RES. 22 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the Centers for Medicare & Medicaid Services within the Department of Health and Human Services 

relating to Medicare coverage for the use of erythropoiesis stimulating 

agents in cancer and related neoplastic conditions. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 22, 2007 

Mr. BAUCUS (for himself, Mr. CRAPO, Mr. WYDEN, Mr. SALAZAR, Ms. CANTWELL, Mr. INHOFE, Mrs. DOLE, Mr. BURR, Mr. COBURN, and Mrs. 

HUTCHISON) introduced the following joint resolution; which was read 

twice and referred to the Committee on Finance 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the Centers for Medicare & Medicaid Services within 

the Department of Health and Human Services relating 

to Medicare coverage for the use of erythropoiesis stimulating agents in cancer and related neoplastic conditions. 

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; 


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•SJ 22 IS 

Whereas the Centers for Medicare & Medicaid Services submitted to the Congress a copy of the national coverage 

determination rule, a detailed description of the rule, and 

the proposed effective date of the rule; 

Whereas 52 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; 

Whereas the leading national medical organization representing physicians who treat patients with cancer has 

noted that the national coverage determination’s hemoglobin level restriction is inconsistent with both the FDAapproved labeling and national guidelines and that its 

dosing and titration regimen restrictions are inconsistent 

with established studies, the FDA label, and clinical 

guidelines and, therefore, has formally requested that the 

Centers for Medicare & Medicaid Services reconsider 

these restrictions; 

Whereas the leading national medical organization representing physicians who treat patients with disorders affecting the blood and bone marrow, the Nation’s leading 

health care services network dedicated exclusively to cancer treatment and research, and other national, nonprofit 

organizations dedicated to improving patient access to 

care have expressed similar concerns regarding the national coverage determination and have called for its reconsideration; and 

Whereas despite the strong concerns of the oncology and hematology community, the Centers for Medicare & MedVerDate Aug 31 2005 02:17 Oct 23, 2007 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SJ22.IS SJ22

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icaid Services has failed to take any action: Now, therefore, be it 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule (CAG–000383N) sub4 mitted by the Centers for Medicare & Medicaid Services 

5 within the Department of Health and Human Services re6 lating to Medicare coverage for the use of erythropoiesis 

7 stimulating agents in cancer and related neoplastic condi8 tions, and such rule shall have no force or effect. 

Æ 


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