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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5492 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5492

To amend title XVIII of the Social Security Act to provide for payment 
for services of radiologist assistants under the Medicare program, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2024

Mr. Boozman (for himself and Mr. Lujan) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to provide for payment 
for services of radiologist assistants under the Medicare program, and 
                          for other purposes.

    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 ``Medicare Access to Radiology Care 
Act of 2024''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Radiologist assistants are advanced-level radiographers 
        who are critically important members of the radiologist-led 
        team.
            (2) Radiologist assistants work strictly under the 
        supervision of a radiologist to promote high standards of 
        patient care by assisting radiologists in the diagnostic and 
        interventional imaging environment.
            (3) In every jurisdiction authorizing radiologists 
        assistants to practice, they are only permitted to furnish 
        services when delegated by and under the supervision of a 
        radiologist.
            (4) Radiologist assistants value their working and 
        professional relationships with radiologists and have never 
        sought, nor do they seek, the ability to practice independent 
        of radiologists.
            (5) While radiologist assistants perform various valuable 
        professional services and may make and communicate initial 
        observations to the radiologist, radiologist assistants are not 
        qualified to perform interpretations (preliminary, final, or 
        otherwise) of any radiological examination.
            (6) Removing barriers to care rendered by radiologist 
        assistants under the supervision of a radiologist will provide 
        value-based, efficient solutions to improve patient outcomes 
        while ensuring patient safety.

SEC. 3. MEDICARE PAYMENT FOR RADIOLOGIST ASSISTANT SERVICES.

    (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(2)(K)--
                    (A) in clause (ii), by striking the semicolon at 
                the end and inserting ``, and''; and
                    (B) by adding at the end the following new clause:
            ``(iii) radiologist assistant services (as defined in 
        subsection (nnn)(1));''; and
            (2) by adding at the end the following new subsection:
    ``(nnn) Radiologist Assistant Services; Radiologist Assistant.--
            ``(1) Radiologist assistant services.--The term 
        `radiologist assistant services' means--
                    ``(A) services which would be physicians' services 
                if furnished by a physician (as defined in subsection 
                (r)(1)) and which are performed by a radiologist 
                assistant (as defined in paragraph (2)) under the 
                supervision of a radiologist;
                    ``(B) services which the radiologist assistant is 
                legally authorized to perform by the State in which the 
                services are performed; and
                    ``(C) such services and supplies furnished as an 
                incident to such services as would be covered under 
                subparagraph (A) if furnished incident to a physician's 
                professional service, but only if no facility or other 
                provider charges or is paid any amounts with respect to 
                the furnishing of such services.
            ``(2) Radiologist assistant.--The term `radiologist 
        assistant' means a radiographer who is certified by the 
        American Registry of Radiologic Technologists as a registered 
        radiologist assistant or by the Certification Board for 
        Radiology Practitioner Assistants as a radiology practitioner 
        assistant to perform radiologist assistant services.
            ``(3) Rules of construction.--Nothing in this subsection 
        shall be construed as affecting--
                    ``(A) coverage of and payment for the technical 
                component (including the technical component of a 
                global fee) with respect to imaging services under this 
                title as in effect before the date of the enactment of 
                this subsection;
                    ``(B) the amount of payment made for physicians' 
                services under this title when furnished solely by a 
                radiologist; or
                    ``(C) the amount of payment made under this title 
                for services furnished by a covered facility setting 
                (as defined in section 1848(a)(10)(B)).''.
    (b) Payment in Relation to Physician Fee Schedule.--
            (1) Payment level.--Section 1833(a)(1)(O) of the Social 
        Security Act (42 U.S.C. 1395l(a)(1)(O)) is amended by striking 
        ``or clinical nurse specialists'' and inserting ``clinical 
        nurse specialists, or radiologist assistants''.
            (2) Application of fee schedule in hospital, ambulatory 
        surgical center settings.--Section 1848(a) of the Social 
        Security Act (42 U.S.C. 1395w-4(a)) is amended by adding at the 
        end the following new paragraph:
            ``(10) Application of fee schedule for radiologist 
        assistant services in hospital, ambulatory surgical center 
        settings.--
                    ``(A) In general.--In the case of radiologist 
                assistant services (as defined in section 1861(nnn)(1)) 
                furnished in a covered facility setting (as defined in 
                subparagraph (B)), payment for such services furnished 
                in such setting shall be made to the supervising 
                radiologist in the amount determined pursuant to 
                section 1833(a)(1)(O).
                    ``(B) Covered facility setting defined.--In this 
                paragraph, the term `covered facility setting' means--
                            ``(i) a hospital or critical access 
                        hospital;
                            ``(ii) an ambulatory surgical center; and
                            ``(iii) such other providers of services as 
                        the Secretary may specify.''.
            (3) Payment to supervising radiologist.--Section 1842(b)(6) 
        of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended 
        in the first sentence--
                    (A) by striking ``and'' before ``(J)''; and
                    (B) by inserting before the period at the end the 
                following: ``, and (K) in the case of services 
                described in section 1861(s)(2)(K)(iii) (relating to 
                radiologist assistant services), payment shall be made 
                to the supervising radiologist''.
    (c) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 2025.
                                 <all>
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