I 

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. 

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 ‘‘More Doctors, More 

5 Choices Act of 2010’’. 


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1 SEC. 2. ADDITIONAL ELECTION OPPORTUNITY FOR PHYSI2 CIANS AND SUPPLIERS TO BECOME MEDI3 CARE PARTICIPATING PHYSICIANS AND SUP4 PLIERS IF MEDICARE PHYSICIAN FEE SCHED5 ULE RATES ARE EXTENDED. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, if a Medicare SGR extension law is enacted 

8 during the 111th Congress, the Secretary of Health and 

9 Human Services shall permit a physician or supplier who 

10 furnishes (or may furnish) services for which payment is 

11 made under the Medicare physician fee schedule (or would 

12 be so made but for a contract under section 1802(b) of 

13 the Social Security Act) and is not a Medicare partici14 pating physician or supplier to elect to become such a 

15 Medicare participating physician or supplier. 

16 (b) ELECTION PROCESS.—The election under sub17 section (a)— 

18 (1) shall occur during a period specified by the 

19 Secretary of not less than 30 days beginning not 

20 later than 30 days after the date of the enactment 

21 of the Medicare SGR extension law; 

22 (2) shall be made through a process that is con23 sistent with the existing open enrollment process 

24 under which physicians and suppliers otherwise 

25 make a participation election; and 


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1 (3) shall become effective for items and services 

2 furnished on or after the date that is 15 days after 

3 the last date of the election period under paragraph 

4 (1). 

5 (c) TREATMENT OF PRIVATE CONTRACTS.—In the 

6 case of a physician or practitioner who has entered into 

7 a contract under section 1802(b) of the Social Security 

8 Act (42 U.S.C. 1395a(b)) that is in effect as of the date 

9 of the enactment of the Medicare SGR extension law (or 

10 this Act, if later) and who makes an election to be a Medi11 care participating physician or supplier under this section 

12 during the election period under subsection (b)(1)— 

13 (1) such election shall not apply to the contract 

14 until the date of the contract would otherwise termi15 nate without regard to this subsection, unless the 

16 medicare beneficiary involved terminates the con17 tract through timely notice to the physician or prac18 titioner; and 

19 (2) notwithstanding such section 1802(b), the 

20 2-year limitation imposed under the affidavit de21 scribed in paragraph (3)(B)(i) of such section shall 

22 not apply to services furnished as a participating 

23 physician or supplier pursuant to such election. 

24 (d) DEFINITIONS.—In this section: 


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1 (1) MEDICARE PARTICIPATING PHYSICIAN OR

2 SUPPLIER.—The term ‘‘Medicare participating phy3 sician or supplier’’ has the meaning given the term 

4 participating physician or supplier in section 

5 1842(h)(1) of the Social Security Act (42 U.S.C. 

6 1395u(h)(1)). 

7 (2) MEDICARE PHYSICIAN FEE SCHEDULE.— 

8 The term ‘‘Medicare physician fee schedule’’ means 

9 the payment schedule under section 1848 of the So10 cial Security Act (42 U.S.C. 1395w–4). 

11 (3) MEDICARE SGR EXTENSION LAW.—The 

12 term ‘‘Medicare SGR extension law’’ means a law 

13 that extends or revises for at least 1 year the 

14 amount of the conversion factor under section 

15 1848(d) of the Social Security Act (42 U.S.C. 

16 1395w–4(d)) so that it is not lower than the conver17 sion factor for May 2010. 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Health and Human Services. 

Æ 


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