II 

118TH CONGRESS 

1ST SESSION S. 892 

To amend title XVIII of the Social Security Act to provide coverage under 

the Medicare program for FDA-approved qualifying colorectal cancer 

screening blood-based tests, to increase participation in colorectal cancer 

screening in under-screened communities of color, to offset the COVID– 

19 pandemic driven declines in colorectal cancer screening, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2023 

Mr. HEINRICH 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 

coverage under the Medicare program for FDA-approved 

qualifying colorectal cancer screening blood-based tests, 

to increase participation in colorectal cancer screening 

in under-screened communities of color, to offset the 

COVID–19 pandemic driven declines in colorectal cancer 

screening, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Colorectal Cancer De3 tection Act’’. 

4 SEC. 2. MEDICARE COVERAGE FOR FDA-APPROVED QUALI5 FYING COLORECTAL CANCER SCREENING 

6 BLOOD-BASED TESTS. 

7 (a) IN GENERAL.—Section 1861(pp) of the Social Se8 curity Act (42 U.S.C. 1395x(pp)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by redesignating subparagraph (D) as 

11 subparagraph (E); and 

12 (B) by inserting after subparagraph (C) 

13 the following new subparagraph: 

14 ‘‘(D) Qualifying colorectal cancer screening 

15 blood-based test.’’; and 

16 (2) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) The term ‘qualifying colorectal cancer screening 

19 blood-based test’ means a screening blood-based test for 

20 the early detection of colorectal cancer that is marketed 

21 or used, as applicable, in accordance with the relevant pro22 visions of section 353 of the Public Health Service Act 

23 or the Federal Food, Drug, and Cosmetic Act.’’. 

24 (b) FREQUENCY LIMITS FOR COLORECTAL CANCER

25 SCREENING TESTS AND PAYMENT AMOUNT FOR QUALI26 FYING COLORECTAL CANCER SCREENING BLOOD-BASED


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1 TESTS.—Section 1834(d) of the Social Security Act (42 

2 U.S.C. 1395m(d)) is amended— 

3 (1) by amending clause (ii) of paragraph (1)(B) 

4 to read as follows: 

5 ‘‘(ii) if the test is performed within 

6 the 11 months after a previous screening 

7 fecal-occult blood test or a previous quali8 fying colorectal cancer screening blood9 based test.’’; 

10 (2) in paragraph (2)(E)(ii), by inserting ‘‘or 

11 within the 35 months after a previous screening 

12 fecal-occult blood test or previous qualifying 

13 colorectal cancer screening blood-based test’’ after 

14 ‘‘sigmoidoscopy’’; 

15 (3) by amending subparagraph (E) of para16 graph (3) to read as follows: 

17 ‘‘(E) FREQUENCY LIMIT.—No payment 

18 may be made under this part for a colorectal 

19 cancer screening test consisting of a screening 

20 colonoscopy— 

21 ‘‘(i) if the procedure is performed 

22 within the 11 months after a previous 

23 screening fecal-occult blood test or previous 

24 qualifying colorectal cancer screening 

25 blood-based test; 


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1 ‘‘(ii) for individuals at high risk for 

2 colorectal cancer if the procedure is per3 formed within the 23 months after a pre4 vious screening colonoscopy; or 

5 ‘‘(iii) for individuals not at high risk 

6 for colorectal cancer if the procedure is 

7 performed within the 119 months after a 

8 previous screening colonoscopy or within 

9 the 47 months after a previous screening 

10 flexible sigmoidoscopy.’’; and 

11 (4) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) QUALIFYING COLORECTAL CANCER

14 SCREENING BLOOD-BASED TESTS.— 

15 ‘‘(A) PAYMENT AMOUNT.—The payment 

16 amount for colorectal cancer screening tests 

17 consisting of qualifying colorectal cancer screen18 ing blood-based tests shall be established by the 

19 Secretary in accordance with section 1833(h) 

20 and section 1834A, as applicable. 

21 ‘‘(B) FREQUENCY LIMIT.—Paragraph 

22 (1)(B) shall apply to colorectal cancer screening 

23 tests consisting of qualifying colorectal cancer 

24 screening blood-based tests in the same manner 

25 as such paragraph applies to colorectal cancer 


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1 screening tests consisting of fecal-occult blood 

2 tests.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to colorectal cancer screening tests 

5 furnished in a year beginning more than 6 months after 

6 the date of the enactment of this Act. 

Æ 


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