IV 

110TH CONGRESS 

1ST SESSION H. RES. 681 

To express the sense of the House of Representatives regarding the Medicare 

national coverage determination on the treatment of anemia in cancer 

patients. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2007 

Mr. COHEN submitted the following resolution; 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 

RESOLUTION 

To express the sense of the House of Representatives regarding the Medicare national coverage determination on the 

treatment of anemia in cancer patients. 

Whereas the Centers for Medicare and 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 and Medicaid Services expressing significant 


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•HRES 681 IH 

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 and 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 

and Medicaid Services reconsider such restriction; and 

Whereas such restriction could increase blood transfusions 

and severely compromise the high quality of cancer care 

delivered by physicians in United States: Now, therefore, 

be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 


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•HRES 681 IH 

1 (1) the Centers for Medicare and Medicaid 

2 Services should begin an immediate reconsideration 

3 of the final National Coverage Determination on the 

4 Use of Erythropoiesis Stimulating Agents in Cancer 

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

6 (2) the Centers for Medicare and Medicaid 

7 Services should consult with members of the clinical 

8 oncology community to determine appropriate revi9 sions to such final National Coverage Determination; 

10 and 

11 (3) the Centers for Medicare and Medicaid 

12 Services should implement appropriate revisions to 

13 such final National Coverage Determination as soon 

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

Æ 


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