IA 

★

110TH CONGRESS 

1ST SESSION H. J. RES. 54 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the Centers for Medicare & Medicaid Services within the Department of Health and Human Services 

relating to Medicare coverage for the use of erythropoiesis stimulating 

agents in cancer and related neoplastic conditions. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 27, 2007 

Ms. ESHOO (for herself and Mr. ROGERS of Michigan) introduced the following joint resolution; 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 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the Centers for Medicare & Medicaid Services within 

the Department of Health and Human Services relating 

to Medicare coverage for the use of erythropoiesis stimulating agents in cancer and related neoplastic conditions. 

Whereas the Centers for Medicare & Medicaid Services issued 

a final Medicare national coverage determination on the 

use of erythropoiesis stimulating agents in cancer and related neoplastic conditions (CAG–000383N) on July 30, 

2007; 

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HJ 54 IH1S 

Whereas the Centers for Medicare & Medicaid Services submitted to the Congress a copy of the national coverage 

determination rule, a detailed description of the rule, and 

the proposed effective date of the rule; 

Whereas 52 Senators and 235 Members of the House of Representatives, representing bipartisan majorities in both 

chambers, have written to the Centers for Medicare & 

Medicaid Services expressing significant concerns with 

the proposed national coverage determination on the use 

of erythropoiesis stimulating agents in cancer and related 

neoplastic conditions, issued on May 14, 2007, regarding 

the use of erythropoiesis stimulating agent therapy for 

Medicare cancer patients; 

Whereas the leading national medical organization representing physicians who treat patients with cancer, has 

noted that the national coverage determination’s hemoglobin level restriction is inconsistent with both the FDAapproved labeling and national guidelines and that its 

dosing and titration regimen restrictions ignore established studies, the FDA label, and clinical guidelines and, 

therefore, has formally requested that the Centers for 

Medicare & Medicaid Services reconsider these restrictions; 

Whereas the leading national medical organization representing physicians who treat patients with disorders affecting the blood and bone marrow, the Nation’s leading 

health care services network dedicated exclusively to cancer treatment and research, and other national, nonprofit 

organizations dedicated to improving patient access to 

care have expressed similar concerns over the national 

coverage determination and have called for its reconsideration; and 

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HJ 54 IH1S 

Whereas despite the strong concerns of the oncology and hematology community, the Centers for Medicare & Medicaid Services has failed to take any action: Now, therefore, be it 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule (CAG–000383N) sub4 mitted by the Centers for Medicare & Medicaid Services 

5 within the Department of Health and Human Services re6 lating to Medicare coverage for the use of erythropoiesis 

7 stimulating agents in cancer and related neoplastic condi8 tions, and such rule shall have no force or effect. 

Æ 

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