```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5290 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5290

 To permit physicians and suppliers a new election to become Medicare 
   participating physicians and suppliers if Medicare physician fee 
                      schedule rates are extended.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2010

Ms. Giffords (for herself, Mr. Burgess, and Mr. Larson of Connecticut) 
 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 permit physicians and suppliers a new election to become Medicare 
   participating physicians and suppliers if Medicare physician fee 
                      schedule rates are extended.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``More Doctors, More Choices Act of 
2010''.

SEC. 2. ADDITIONAL ELECTION OPPORTUNITY FOR PHYSICIANS AND SUPPLIERS TO 
              BECOME MEDICARE PARTICIPATING PHYSICIANS AND SUPPLIERS IF 
              MEDICARE PHYSICIAN FEE SCHEDULE RATES ARE EXTENDED.

    (a) In General.--Notwithstanding any other provision of law, if a 
Medicare SGR extension law is enacted during the 111th Congress, the 
Secretary of Health and Human Services shall permit a physician or 
supplier who furnishes (or may furnish) services for which payment is 
made under the Medicare physician fee schedule (or would be so made but 
for a contract under section 1802(b) of the Social Security Act) and is 
not a Medicare participating physician or supplier to elect to become 
such a Medicare participating physician or supplier.
    (b) Election Process.--The election under subsection (a)--
            (1) shall occur during a period specified by the Secretary 
        of not less than 30 days beginning not later than 30 days after 
        the date of the enactment of the Medicare SGR extension law;
            (2) shall be made through a process that is consistent with 
        the existing open enrollment process under which physicians and 
        suppliers otherwise make a participation election; and
            (3) shall become effective for items and services furnished 
        on or after the date that is 15 days after the last date of the 
        election period under paragraph (1).
    (c) Treatment of Private Contracts.--In the case of a physician or 
practitioner who has entered into a contract under section 1802(b) of 
the Social Security Act (42 U.S.C. 1395a(b)) that is in effect as of 
the date of the enactment of the Medicare SGR extension law (or this 
Act, if later) and who makes an election to be a Medicare participating 
physician or supplier under this section during the election period 
under subsection (b)(1)--
            (1) such election shall not apply to the contract until the 
        date of the contract would otherwise terminate without regard 
        to this subsection, unless the medicare beneficiary involved 
        terminates the contract through timely notice to the physician 
        or practitioner; and
            (2) notwithstanding such section 1802(b), the 2-year 
        limitation imposed under the affidavit described in paragraph 
        (3)(B)(i) of such section shall not apply to services furnished 
        as a participating physician or supplier pursuant to such 
        election.
    (d) Definitions.--In this section:
            (1) Medicare participating physician or supplier.--The term 
        ``Medicare participating physician or supplier'' has the 
        meaning given the term participating physician or supplier in 
        section 1842(h)(1) of the Social Security Act (42 U.S.C. 
        1395u(h)(1)).
            (2) Medicare physician fee schedule.--The term ``Medicare 
        physician fee schedule'' means the payment schedule under 
        section 1848 of the Social Security Act (42 U.S.C. 1395w-4).
            (3) Medicare sgr extension law.--The term ``Medicare SGR 
        extension law'' means a law that extends or revises for at 
        least 1 year the amount of the conversion factor under section 
        1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) so 
        that it is not lower than the conversion factor for May 2010.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
                                 <all>
```