I 

108TH CONGRESS 

1ST SESSION H. R. 41

To amend title XVIII of the Social Security Act to specify the update 

for payments under the Medicare physician fee schedule for 2003. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mrs. CAPPS (for herself, Mr. LARSEN of Washington, Mr. TAYLOR of Mississippi, Mrs. DAVIS of California, Ms. WOOLSEY, Ms. LOFGREN, Mr. 

ROSS, Mr. MARKEY, Mr. BOUCHER, Mr. GREEN of Texas, Mr. BRADY

of Pennsylvania, Mr. MCNULTY, Ms. CARSON of Indiana, Ms. SLAUGHTER, Mr. REYES, Mr. FRANK of Massachusetts, Mr. MORAN of Virginia, 

Mr. FROST, Mr. ISRAEL, Mr. DOGGETT, Mr. HINCHEY, Mr. DAVIS of 

Florida, Mr. RODRIGUEZ, Mr. NADLER, and Mr. WYNN) 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 specify 

the update for payments under the Medicare physician 

fee schedule for 2003.

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 ‘‘Medicare Physician 

5 Protection Act of 2003’’. 
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1 SEC. 2. SPECIFICATION OF THE UPDATE FOR PAYMENTS 

2 UNDER THE MEDICARE PHYSICIAN FEE 

3 SCHEDULE FOR 2003. 

4 (a) IN GENERAL.—Section 1848(d) of the Social Se5 curity Act (42 U.S.C. 1395w–4(d)) is amended by adding 

6 at the end the following new paragraph: 

7 ‘‘(5) CONVERSION FACTOR FOR 2003.—

8 ‘‘(A) IN GENERAL.—The conversion factor 

9 established under this subsection for 2003 shall 

10 be equal to the conversion factor established 

11 under this subsection for 2002. 

12 ‘‘(B) NO EFFECT FOR SUBSEQUENT PERI13 ODS.—The conversion factor under paragraph 

14 (1) and the update adjustment factor under 

15 paragraph (4)(B) for a year after 2003 shall be 

16 applied and computed as if subparagraph (A) 

17 had not been in effect. 

18 ‘‘(C) CONFORMING PROVISIONS TO EN19 SURE NO EFFECT FOR SUBSEQUENT PERI20 ODS.—In carrying out subparagraph (B): 

21 ‘‘(i) NO EFFECT ON TARGET FOR AL22 LOWED EXPENDITURES.—The allowed ex23 penditures under paragraph (4)(C)(iii) for 

24 years after 2003 shall be applied and com25 puted as if subparagraph (A) had not been 

26 in effect. 
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1 ‘‘(ii) REMOVAL OF ADDITIONAL EX2 PENDITURES FROM ACTUAL EXPENDI3 TURES.—In applying paragraph (4)(B) for 

4 years beginning with 2004, the actual ex5 penditures for 2003 shall be the actual ex6 penditures otherwise determined multiplied 

7 by the ratio of (I) the amount of the con8 version factor that would have applied for 

9 2003 under this subsection but for this 

10 paragraph, to (II) the amount of the con11 version factor that is applied for 2003 

12 under this paragraph. 

13 ‘‘(iii) NOT TREATED AS CHANGE IN

14 LAW AND REGULATION IN SUSTAINABLE

15 GROWTH RATE DETERMINATION.—The en16 actment of this paragraph shall not be 

17 treated as a change in law for purposes of 

18 applying subsection (f)(2)(D).’’. 

19 (b) CONFORMING AMENDMENTS.—Section 1848(d) 

20 of the such Act (42 U.S.C. 1395w–4(d)) is amended—

21 (1) in paragraph (1)(A), by inserting ‘‘and sub22 ject to paragraph (5)’’ after ‘‘with 2001’’; 

23 (2) in paragraph (4)(A), by inserting ‘‘(includ24 ing paragraph (5))’’ after ‘‘Unless otherwise pro25 vided by law’’; 
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1 (3) in paragraph (4)(B), by inserting ‘‘and sub2 paragraphs (B) and (C) of paragraph (5)’’ after 

3 ‘‘subparagraph (D)’’ in the matter preceding clause 

4 (i); and 

5 (4) in paragraph (4)(C)(iii), by striking ‘‘The 

6 allowed expenditures’’ and inserting ‘‘Subject to 

7 paragraph (5)(C)(i), the allowed expenditures’’.

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