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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 305 Agreed to Senate (ATS)]

110th CONGRESS
  1st Session
S. RES. 305

  To express the sense of the Senate regarding the Medicare national 
 coverage determination on the treatment of anemia in cancer patients.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2007

 Mr. Specter (for himself and Mr. Lautenberg) submitted the following 
       resolution; which was referred to the Committee on Finance

                           September 4, 2007

             Committee discharged; considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
  To express the sense of the Senate regarding the Medicare national 
 coverage determination on the treatment of anemia in cancer patients.

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 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.
                                 <all>
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