I 

116TH CONGRESS 

1ST SESSION H. R. 3584 

To amend title XVIII of the Social Security Act to provide for certain 

amendments relating to reporting requirements with respect to clinical 

diagnostic laboratory tests, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 27, 2019 

Mr. PETERS (for himself, Mr. PASCRELL, Mr. HUDSON, Mr. HOLDING, and 

Mr. SCHRADER) 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 to provide 

for certain amendments relating to reporting requirements with respect to clinical diagnostic laboratory tests, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Laboratory Access for 

5 Beneficiaries Act’’ or the ‘‘LAB Act’’. 


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1 SEC. 2. AMENDMENTS RELATING TO REPORTING REQUIRE2 MENTS WITH RESPECT TO CLINICAL DIAG3 NOSTIC LABORATORY TESTS. 

4 (a) REVISED REPORTING PERIOD FOR REPORTING

5 OF PRIVATE SECTOR PAYMENT RATES FOR ESTABLISH6 MENT OF MEDICARE PAYMENT RATES.—Section 

7 1834A(a) of the Social Security Act (42 U.S.C. 1395m– 

8 1(a)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘Beginning January 1, 

11 2016’’ and inserting the following: 

12 ‘‘(A) GENERAL REPORTING REQUIRE13 MENTS.—Subject to subparagraph (B), begin14 ning January 1, 2016’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(B) REVISED REPORTING PERIOD.—In 

17 the case of reporting with respect to clinical di18 agnostic laboratory tests that are not advanced 

19 diagnostic laboratory tests, the Secretary shall 

20 revise the reporting period under subparagraph 

21 (A) such that— 

22 ‘‘(i) no reporting is required during 

23 the period beginning January 1, 2020, and 

24 ending January 1, 2021; 


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1 ‘‘(ii) reporting is required during the 

2 period beginning January 1, 2021, and 

3 ending March 31, 2021; and 

4 ‘‘(iii) reporting is required every three 

5 years after the period described in clause 

6 (ii).’’; and 

7 (2) in paragraph (4)— 

8 (A) by striking ‘‘In this section’’ and in9 serting the following: 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), in this section’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(B) EXCEPTION.—In the case of report14 ing during the period described in paragraph 

15 (1)(B)(ii) with respect to clinical diagnostic lab16 oratory tests that are not advanced diagnostic 

17 laboratory tests, the term ‘data collection pe18 riod’ means the period beginning January 1, 

19 2019, and ending June 30, 2019.’’. 

20 (b) CORRECTIONS RELATING TO PHASE-IN OF RE21 DUCTIONS FROM PRIVATE PAYOR RATE IMPLEMENTA22 TION.—Section 1834A(b)(3) of the Social Security Act 

23 (42 U.S.C. 1395m–1(b)(3)) is amended— 

24 (1) in subparagraph (A), by striking ‘‘through 

25 2022’’ and inserting ‘‘through 2023’’; and 


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1 (2) in subparagraph (B)— 

2 (A) in clause (i), by striking ‘‘through 

3 2019’’ and inserting ‘‘through 2020’’; and 

4 (B) in clause (ii), by striking ‘‘2020 

5 through 2022’’ and inserting ‘‘2021 through 

6 2023’’. 

7 SEC. 3. STUDY AND REPORT BY NATIONAL ACADEMY OF 

8 MEDICINE. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of the enactment of this Act, the Administrator of 

11 the Centers for Medicare & Medicaid Services (referred to 

12 in this section as the ‘‘Administrator’’) shall enter into an 

13 agreement with the National Academies of Sciences, Engi14 neering, and Medicine (referred to in this section as the 

15 ‘‘National Academies’’) to conduct a study to review the 

16 methodology the Administrator has implemented for the 

17 private payor rate-based clinical laboratory fee schedule 

18 under the Medicare program under title XVIII of the So19 cial Security Act (42 U.S.C. 1395 et seq.). 

20 (b) SCOPE OF STUDY.—In carrying out the study de21 scribed in subsection (a), the National Academies shall 

22 consider the following: 

23 (1) How best to implement the least burden24 some data collection process required under section 


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1 1834A(a)(1) of such Act (42 U.S.C. 1395m–1(a)(1)) 

2 that would— 

3 (A) result in a representative and statis4 tically valid data sample of private market rates 

5 from all laboratory market segments, including 

6 hospital outreach laboratories, physician office 

7 laboratories, and independent laboratories; and 

8 (B) consider the variability of market seg9 ments by laboratory procedure code. 

10 (2) Appropriate statistical methods for esti11 mating rates that are representative of the market. 

12 (c) REPORT TO CONGRESS.—Not later than the date 

13 that is 18 months after the Administrator enters into the 

14 agreement described in subsection (a) with the National 

15 Academies, the National Academies shall submit to the 

16 Administrator, the Committee on Finance of the Senate, 

17 and the Committees on Ways and Means and Energy and 

18 Commerce of the House of Representatives a report that 

19 includes— 

20 (1) conclusions about the methodology de21 scribed in such subsection; and 

22 (2) recommendations on ways to improve such 

23 methodology. 

Æ 


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