I 

118TH CONGRESS 

2D SESSION H. R. 8849 

To amend title XVIII of the Social Security Act to improve the national 

and local coverage determination processes under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2024 

Mr. SMUCKER introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy 

and Commerce, 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 to improve 

the national and local coverage determination processes 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Timeline Integrity for 

5 Medicare Evidence Development Act of 2024’’ or the 

6 ‘‘TIMED Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8849 IH

1 SEC. 2. IMPROVING THE NATIONAL AND LOCAL COVERAGE 

2 DETERMINATION PROCESSES UNDER THE 

3 MEDICARE PROGRAM. 

4 (a) IN GENERAL.—Section 1862(l) of the Social Se5 curity Act (42 U.S.C. 1395y(l)) is amended by adding at 

6 the end the following new paragraph: 

7 ‘‘(7) LIMITATION ON DURATION OF COVERAGE

8 WITH EVIDENCE DEVELOPMENT DETERMINA9 TIONS.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), in the case of a final decision under 

12 paragraph (3)(C)(i) (including any such deci13 sion made on a class-wide basis) made on or 

14 after the date of the enactment of this para15 graph that results in coverage of an item or 

16 service pursuant to subsection (a)(1)(E), the 

17 Secretary shall, not later than 10 years after 

18 the date on which such coverage becomes effec19 tive pursuant to such subsection, initiate a re20 determination with respect to such item or serv21 ice. 

22 ‘‘(B) EXCEPTION.—The Secretary may 

23 delay a redetermination described in subpara24 graph (A) with respect to an item or service for 

25 a period of time determined appropriate by the 

26 Secretary if— 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8849 IH

1 ‘‘(i) the Secretary finds that such 

2 item or service is reasonable and necessary 

3 to carry out the purposes described in sec4 tion 1142; or 

5 ‘‘(ii) the entity responsible for such 

6 item or service requests such extension. 

7 ‘‘(C) POSTING OF INFORMATION.—Not 

8 later than 1 year after the date of the enact9 ment of this paragraph, and annually there10 after, the Secretary post on the public website 

11 of the Centers for Medicare & Medicaid Serv12 ices the following information: 

13 ‘‘(i) The number of items and services 

14 covered under this title pursuant to sub15 section (a)(1)(E). 

16 ‘‘(ii) A description of each such item 

17 or service. 

18 ‘‘(iii) The year in which coverage of 

19 each such item or service became effective 

20 pursuant to such subsection.’’. 

21 (b) PROVISION OF EXPLANATION IN CASE OF CER22 TAIN REJECTED REQUESTS.—Section 1862(l) of the So23 cial Security Act (42 U.S.C. 1395y(l)), as amended by 

24 subsection (a), is further amended by adding at the end 

25 the following new paragraph: 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 8849 IH

1 ‘‘(8) REQUIREMENT TO PROVIDE EXPLANATION

2 IN CASE OF CERTAIN REJECTED REQUESTS.—With 

3 respect to each document received by the Secretary 

4 on or after the date that is 1 year after the date of 

5 the enactment of this paragraph that identifies itself 

6 as a complete, formal request for a national coverage 

7 determination (as described in the notice entitled 

8 ‘Medicare Program; Revised Process for Making Na9 tional Coverage Determinations’ (78 Fed. Reg. 

10 48164) or a successor regulation), the Secretary 

11 shall, not later than 90 days after receipt of such 

12 document— 

13 ‘‘(A) determine whether such document is 

14 a complete, formal request for a national cov15 erage determination; and 

16 ‘‘(B) in the case that the Secretary finds 

17 that such document is not a complete, formal 

18 request for a national coverage determination, 

19 transmit to the entity submitting such docu20 ment information on such finding that includes 

21 a specification of additional information needed 

22 to make such document a complete, formal re23 quest for a national coverage determination.’’. 

24 (c) IMPROVING ACCESS TO ITEMS AND SERVICES

25 UNDER LOCAL COVERAGE DETERMINATIONS.—Section 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 8849 IH

1 1862(l)(5) of the Social Security Act (42 U.S.C. 

2 1395y(l)(5)) is amended by adding at the end the fol3 lowing new subparagraph: 

4 ‘‘(E) ENSURING CONSISTENCY WITH AP5 PLICABLE RULES.—The Secretary shall require 

6 each Medicare administrative contractor that 

7 develops a local coverage determination to en8 sure that any such local coverage determination 

9 does not conflict with any law, ruling, regula10 tion, national coverage determination, payment 

11 policy, or coding policy.’’. 

12 (d) FUNDING.—There are authorized to be appro13 priated $1,000,000 for fiscal year 2024 for purposes of 

14 carrying out the amendments made by this section. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS