I 

116TH CONGRESS 

1ST SESSION H. R. 3433 

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

surgical center representation during the review of hospital outpatient 

payment rates under part B of the Medicare program, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2019 

Mr. LARSON of Connecticut (for himself and Mr. NUNES) 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 ambulatory surgical center representation during the 

review of hospital outpatient payment rates under part 

B of the Medicare program, 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 ‘‘Ambulatory Surgical 

5 Center Payment Transparency Act of 2019’’ or the ‘‘ASC 

6 Payment Transparency Act of 2019’’. 


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1 SEC. 2. ADVISORY PANEL ON HOSPITAL OUTPATIENT PAY2 MENT REPRESENTATION. 

3 (a) ASC REPRESENTATIVE.—The second sentence of 

4 section 1833(t)(9)(A) of the Social Security Act (42 

5 U.S.C. 1395l(t)(9)(A)) is amended by inserting ‘‘and at 

6 least one ambulatory surgical center representative’’ after 

7 ‘‘an appropriate selection of representatives of providers’’. 

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

9 subsection (a) shall apply with respect to advisory panels 

10 consulted on or after the date that is 1 year after the date 

11 of the enactment of this Act. 

12 SEC. 3. REASONS FOR EXCLUDING ADDITIONAL PROCE13 DURES FROM ASC APPROVED LIST. 

14 Section 1833(i)(1) of the Social Security Act (42 

15 U.S.C. 1395l(i)(1)) is amended by adding at the end the 

16 following: ‘‘In updating such lists for application in years 

17 beginning with the second year beginning after the date 

18 of the enactment of this sentence, for each procedure that 

19 was not proposed to be included in such lists in the pro20 posed rule with respect to such lists and that was subse21 quently requested to be included in such lists during the 

22 public comment period with respect to such proposed rule 

23 and that is not included in the final rule updating such 

24 lists, the Secretary shall cite in such final rule the specific 

25 criteria in paragraph (b) or (c) of section 416.166 of title 

26 42, Code of Federal Regulations (or any successor regulaVerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3433.IH H3433

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1 tion), based on which the procedure was excluded. If para2 graph (b) of such section is cited for exclusion of a proce3 dure, the Secretary shall identify the peer-reviewed re4 search, if any, or the evidence upon which such determina5 tion is based.’’. 

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