I

107TH CONGRESS

1ST SESSION H. R. 1354

To amend title XVIII of the Social Security Act to provide enhanced reimbursement for, and expanded capacity to, mammography services under

the Medicare Program, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 2001

Mr. KING (for himself, Mr. GRAHAM, Mr. WEINER, Ms. SLAUGHTER, Mr.

BLAGOJEVICH, Mrs. MCCARTHY of New York, Mrs. MYRICK, Mrs.

MALONEY of New York, Mr. SHOWS, Ms. ESHOO, Mr. THOMPSON of Mississippi, Mr. LANGEVIN, Mr. TRAFICANT, Mr. ISRAEL, Mr. SERRANO, Mr.

ANDREWS, Ms. HOOLEY of Oregon, Mr. NADLER, Mrs. ROUKEMA, Ms.

JACKSON-LEE of Texas, Mr. BRADY of Pennsylvania, Mrs. THURMAN,

Mr. MCNULTY, and Mrs. KELLY) 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

enhanced reimbursement for, and expanded capacity to,

mammography services under 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Assure Access to Mam3 mography Act of 2001’’.

4 TITLE I—ENHANCED REIM5 BURSEMENT FOR SCREENING

6 MAMMOGRAPHY UNDER THE

7 MEDICARE PROGRAM

8 SEC. 101. ENHANCED REIMBURSEMENT UNDER THE MEDI9 CARE PROGRAM FOR SCREENING

10 MAMMOGRAPHIES FURNISHED IN 2002.

11 (a) ONE-YEAR DELAY OF INCLUSION OF PAYMENT

12 FOR SCREENING MAMMOGRAPHY IN PHYSICIAN FEE

13 SCHEDULE.—Section 104(c) of the Medicare, Medicaid,

14 and SCHIP Benefits Improvement and Protection Act of

15 2000 (as enacted into law by section 1(a)(6) of Public Law

16 106–554) is amended by striking ‘‘January 1, 2002’’ and

17 inserting ‘‘January 1, 2003’’.

18 (b) CHANGE IN PAYMENT AMOUNT.—Section

19 1834(c)(3)(A) of the Social Security Act (42 U.S.C.

20 1395m(c)(3)(A)) is amended—

21 (1) in the heading, by striking ‘‘$55, IN22 DEXED.—’’ and inserting ‘‘IN GENERAL.—’’;

23 (2) in clause (i), by striking ‘‘and’’ at the end;

24 (3) in clause (ii)—

25 (A) by striking ‘‘a subsequent year’’ and

26 inserting ‘‘1992 through 2001,’’; and
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1 (B) by striking ‘‘that subsequent year.’’

2 and inserting ‘‘that year, and’’; and

3 (4) by adding at the end the following new

4 clause:

5 ‘‘(iii) for screening mammography

6 performed in 2002, is $90.’’.

7 (c) EFFECTIVE DATES.—

8 (1) BIPA AMENDMENT.—The amendment

9 made by subsection (a) shall take effect as if in10 cluded in the enactment of section 104 of the Medi11 care, Medicaid, and SCHIP Benefits Improvement

12 and Protection Act of 2000 (as enacted into law by

13 section 1(a)(6) of Public Law 106–554).

14 (2) MAMMOGRAPHY IN 2002.—The amendments

15 made by subsection (b) shall apply with respect to

16 screening mammographies furnished during 2002.

17 (d) CONSTRUCTION.—Nothing in this section shall be

18 construed as affecting the provisions of section 104(d) of

19 the Medicare, Medicaid, and SCHIP Benefits Improve20 ment and Protection Act of 2000 (as enacted into law by

21 section 1(a)(6) of Public Law 106–554) (relating to pay22 ment for new technologies).
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1 TITLE II—EXPANDED CAPACITY

2 FOR MAMMOGRAPHY SERVICES

3 SEC. 201. NOT COUNTING CERTAIN RADIOLOGY RESIDENTS

4 AGAINST GRADUATE MEDICAL EDUCATION

5 LIMITATIONS.

6 For cost reporting periods beginning on or after Oc7 tober 1, 2001, and before October 1, 2006, in applying

8 the limitations regarding the total number of full-time

9 equivalent residents in the field of allopathic or osteo10 pathic medicine under subsections (d)(5)(B)(v) and

11 (h)(4)(F) of section 1886 of the Social Security Act (42

12 U.S.C. 1395ww) for a hospital, the Secretary of Health

13 and Human Services shall not take into account a max14 imum of 3 residents in the field of radiology to the extent

15 the hospital increases the number of radiology residents

16 above the number of such residents for the hospital’s most

17 recent cost reporting period ending before October 1,

18 2001.

19 SEC. 202. ALLIED HEALTH PROFESSIONAL FUNDING.

20 Section 757 of the Public Health Service Act (42

21 U.S.C. 294g) is amended—

22 (1) by striking subsection (a) and inserting the

23 following new subsection:

24 ‘‘(a) IN GENERAL.—There are authorized to be ap25 propriated to carry out this part—
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1 ‘‘(1) $55,600,000 for fiscal year 1998;

2 ‘‘(2) such sums as may be necessary for each

3 of the fiscal years 1999 through 2001;

4 ‘‘(3) $70,600,000 for fiscal year 2002; and

5 ‘‘(4) such sums as may be necessary for fiscal

6 year 2003 and each subsequent fiscal year.’’; and

7 (2) in subsection (b)(1)—

8 (A) in subparagraph (B), by striking

9 ‘‘and’’ at the end;

10 (B) in subparagraph (C), by striking ‘‘,

11 754, and 755.’’ and inserting ‘‘and 754; and’’;

12 and

13 (C) by adding at the end the following new

14 subparagraph:

15 ‘‘(D) not less than $15,000,000 for awards

16 of grants and contracts under section 755.’’.
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1 TITLE III—STUDIES AND RE2 PORTS ON MEDICARE REIM3 BURSEMENT FOR GENDER4 SPECIFIC AND SCREENING

5 SERVICES

6 SEC. 301. GAO STUDY AND REPORT ON MEDICARE REIM7 BURSEMENT FOR GENDER-SPECIFIC SERV8 ICES.

9 (a) STUDY.—The Comptroller General of the United

10 States shall conduct a study of—

11 (1) the relative value units established by the

12 Secretary of Health and Human Services under the

13 medicare physician fee schedule under section 1848

14 of the Social Security Act (42 U.S.C. 1395w–4) for

15 physicians’ services that are gender-specific; and

16 (2) adjustments to payment amounts under the

17 prospective payment systems for inpatient hospital

18 services (under section 1886(d) of such Act (42

19 U.S.C. 1395ww(d))) and for covered skilled nursing

20 facility services (under section 1888(e) of such Act

21 (42 U.S.C. 1395yy(e))) that are gender specific.

22 (b) REPORT.—Not later than December 31, 2001,

23 the Comptroller General shall submit to Congress a report

24 on the study conducted under subsection (a), together with

25 such recommendations regarding the appropriateness of
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1 adjusting the relative value units for physicians’ services

2 or the prospective payment amounts for inpatient hospital

3 services or covered skilled nursing facility services that are

4 gender-specific, as the Comptroller General determines ap5 propriate.

6 SEC. 302. MEDPAC STUDY AND REPORT ON MEDICARE RE7 IMBURSEMENT FOR SCREENING SERVICES.

8 (a) STUDY.—The Medicare Payment Advisory Com9 mission shall conduct a study of the relative value units

10 established by the Secretary of Health and Human Serv11 ices under the medicare physician fee schedule under sec12 tion 1848 of the Social Security Act (42 U.S.C. 1395w–

13 4) for screening services that are reimbursed under such

14 fee schedule.

15 (b) REPORT.—Not later than March 1, 2002, the

16 Commission shall submit to Congress a report on the

17 study conducted under subsection (a), together with such

18 recommendations regarding the appropriateness of adjust19 ing the relative value units for screening services that are

20 reimbursed under the physician fee schedule as the Com21 mission determines appropriate.

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