I 

111TH CONGRESS 

1ST SESSION H. R. 2578 

To amend title XVIII of the Social Security Act to provide an increased 

payment for chest radiography (x-ray) services that use Computer Aided 

Detection technology for the purpose of early detection of lung cancer. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Ms. BERKLEY (for herself, Mr. HELLER, Ms. KILPATRICK of Michigan, Mr. 

FORBES, Mr. HASTINGS of Florida, Mr. RUSH, and Mr. MEEK of Florida) 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 

an increased payment for chest radiography (x-ray) services that use Computer Aided Detection technology for 

the purpose of early detection of lung cancer. 

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 Lung Cancer 

5 Early Detection Promotion Act of 2009’’. 


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1 SEC. 2. MEDICARE PAYMENT FOR CHEST RADIOGRAPHY 

2 THAT USES COMPUTER AIDED DETECTION 

3 TECHNOLOGY. 

4 Section 1834 of the Social Security Act (42 U.S.C. 

5 1395m) is amended— 

6 (1) in subsection (b)(1)(B), by striking ‘‘sub7 section (c)(1)(A)’’ and inserting ‘‘subsections 

8 (c)(1)(A) and (n)’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(n) PAYMENT FOR CHEST RADIOGRAPHY SERVICES

12 THAT USE COMPUTER AIDED DETECTION TECHNOLOGY

13 FOR THE EARLY DETECTION OF LUNG CANCER.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of this part, with respect to chest radiog16 raphy services (identified as of September 1, 2006, 

17 by HCPCS codes 71010, 71020, 71021, 71022, and 

18 71030, and as subsequently modified by the Sec19 retary) furnished on or after January 1, 2010, that 

20 use Computer Aided Detection technology for the 

21 early detection of lung cancer (as defined in para22 graph (4)), the amount of payment shall be equal 

23 to— 

24 ‘‘(A) with respect to the technical compo25 nent of such services— 


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1 ‘‘(i) the amount of payment under the 

2 fee schedule established under section 

3 1848 for such component for the year that 

4 would otherwise apply; plus 

5 ‘‘(ii) the amount described in para6 graph (2); and 

7 ‘‘(B) with respect to the professional com8 ponent of such services— 

9 ‘‘(i) the amount of payment under the 

10 fee schedule established under section 

11 1848 for such component for the year that 

12 would otherwise apply; plus 

13 ‘‘(ii) the amount described in para14 graph (3). 

15 ‘‘(2) AMOUNT DESCRIBED FOR TECHNICAL

16 COMPONENT.—The amount described in this para17 graph for services furnished— 

18 ‘‘(A) during 2010 is $12; or 

19 ‘‘(B) during a subsequent year is the 

20 amount established under this paragraph for 

21 the preceding year, increased by the update de22 termined under section 1848(d) for the year. 

23 ‘‘(3) AMOUNT DESCRIBED FOR PROFESSIONAL

24 COMPONENT.—The amount described in this para25 graph for services furnished— 


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1 ‘‘(A) during 2010 is $4; and 

2 ‘‘(B) during a subsequent year is the 

3 amount established under this paragraph for 

4 the preceding year increased by the update de5 termined under section 1848(d) for the year. 

6 ‘‘(4) COMPUTER AIDED DETECTION TECH7 NOLOGY FOR THE EARLY DETECTION OF LUNG CAN8 CER DEFINED.—In this subsection, the term ‘Com9 puter Aided Detection technology for the early detec10 tion of lung cancer’ means a computer software 

11 technology which allows for the production of a dig12 ital chest x-ray image or the conversion of a chest 

13 x-ray into a digital image to be subsequently ana14 lyzed for early lung cancer nodules and which the 

15 Food and Drug Administration has granted approval 

16 or clearance. 

17 ‘‘(5) NEW CODES.—The Secretary shall estab18 lish new codes for chest radiography services de19 scribed in paragraph (1) in order to implement this 

20 subsection.’’. 

Æ 


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