III 

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 DeterminaVerDate Aug 31 2005 03:13 Sep 05, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR305.ATS SR305

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SRES 305 ATS 

tion 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 


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SRES 305 ATS 

factor for consideration in this national coverage determination’’: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) the Centers for Medicare & Medicaid Serv3 ices should begin an immediate reconsideration of 

4 the final National Coverage Determination on the 

5 Use of Erythropoiesis Stimulating Agents in Cancer 

6 and Related Neoplastic Conditions (CAG–000383N); 

7 (2) the Centers for Medicare & Medicaid Serv8 ices should consult with members of the clinical on9 cology community to determine appropriate revisions 

10 to such final National Coverage Determination; and 

11 (3) the Centers for Medicare & Medicaid Serv12 ices should implement appropriate revisions to such 

13 final National Coverage Determination as soon as 

14 feasible and provide a briefing to Congress in ad15 vance of announcing such changes. 

Æ 


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