I 

111TH CONGRESS 

1ST SESSION H. R. 1765 

To amend title XVIII of the Social Security Act with respect to payment 

for the furnishing of intravenous immune globulin (IVIG) in a patient’s 

home for the treatment of primary immune deficiency diseases and to 

cover certain disposable pumps as durable medical equipment in place 

of non-disposable pumps under the Medicare Program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2009 

Ms. MATSUI (for herself and Mr. TANNER) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committee on Ways and Means, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act with respect 

to payment for the furnishing of intravenous immune 

globulin (IVIG) in a patient’s home for the treatment 

of primary immune deficiency diseases and to cover certain disposable pumps as durable medical equipment in 

place of non-disposable pumps under the Medicare Program. 

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. MEDICARE PAYMENT FOR ITEMS AND SERV2 ICES RELATING TO THE FURNISHING OF IN3 TRAVENOUS IMMUNE GLOBULIN (IVIG) IN A 

4 PATIENT’S HOME FOR THE TREATMENT OF 

5 PRIMARY IMMUNE DEFICIENCY DISEASES. 

6 (a) COVERAGE.—Section 1861 of the Social Security 

7 Act (42 U.S.C. 1395x) is amended— 

8 (1) in subsection (s)(2)(Z) by inserting ‘‘and 

9 items and services related to the administration of 

10 intravenous immune globulin’’ after ‘‘globulin’’; and 

11 (2) in subsection (zz), by striking ‘‘, but not in12 cluding items or services related to the administra13 tion of the derivative,’’. 

14 (b) PAYMENT.—Section 1842(o) of such Act (42 

15 U.S.C. 1395u(o)) is amended— 

16 (1) in paragraph (7)— 

17 (A) by striking ‘‘(6)’’ and inserting ‘‘(7)’’; 

18 and 

19 (B) by redesignating such paragraph as 

20 paragraph (8); and 

21 (2) by inserting after paragraph (6) the fol22 lowing new paragraph: 

23 ‘‘(7)(A) Subject to subparagraph (B), in the case of 

24 intravenous immune globulins furnished on or after Janu25 ary 1, 2010, under section 1861(s)(2)(Z), the Secretary 

26 shall provide for a separate payment for items and services 


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1 related to the administration of such intravenous immune 

2 globulins in an amount that the Secretary determines to 

3 be appropriate based on a review of available published 

4 and unpublished data and information, including the 

5 Study of Intravenous Immune Globulin Administration 

6 Options: Safety, Access, and Cost Issues (CMS Contract 

7 #500–95–0059). Such payment amount may take into ac8 count the following: 

9 ‘‘(i) Pharmacy overhead and related expenses. 

10 ‘‘(ii) Patient service costs. 

11 ‘‘(iii) Supply costs. 

12 ‘‘(B) The separate payment amount under this para13 graph for intravenous immune globulins furnished in 2011 

14 or a subsequent year shall be equal to the separate pay15 ment amount determined under this paragraph for the 

16 previous year increased by the percentage increase in the 

17 consumer price index for medical care for the 12-month 

18 period ending with June of the previous year.’’. 

19 SEC. 2. MEDICARE COVERAGE OF DISPOSABLE PUMPS AS 

20 ITEMS OF DURABLE MEDICAL EQUIPMENT IN 

21 CERTAIN CASES. 

22 (a) IN GENERAL.—Section 1861(n) of the Social Se23 curity Act (42 U.S.C. 1395x(n)) is amended by inserting 

24 before the semicolon the following: ‘‘and includes a dispos25 able pump prescribed, instead of a non-disposable external 


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1 infusion pump, for administration of a drug used as part 

2 of a chemotherapy regimen for the treatment of colorectal 

3 cancer if a non-disposable external infusion pump would 

4 have been covered under this subsection to administer the 

5 same drug for the same indication as of July 1, 2008’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall apply to disposable pumps furnished 

8 on or after January 1, 2010. 

Æ 


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