I 

111TH CONGRESS 

1ST SESSION H. R. 3095 

To improve the information in databases for individuals with cancer in the 

United States and to amend the Social Security Act to provide increased 

coverage for uninsured individuals upon first diagnosis of cancer. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mr. GRIFFITH 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 improve the information in databases for individuals with 

cancer in the United States and to amend the Social 

Security Act to provide increased coverage for uninsured 

individuals upon first diagnosis of 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; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Medicare Cancer Patient Database and Coverage Act of 

6 2009’’. 

7 (b) FINDINGS.—Congress finds the following: 


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1 (1) Each year, more than 1.4 million Americans 

2 receive a cancer diagnosis, and more than 11 million 

3 Americans are currently living with cancer. 

4 (2) Newly diagnosed cancer patients need ac5 cess to quality health care from the time of diag6 nosis to ensure the best possible outcome, and those 

7 entering the period of survivorship require active 

8 monitoring and follow-up care related to effects of 

9 cancer treatment and possible second cancers. 

10 (3) More than 47 million Americans have no 

11 health insurance, and this number includes many 

12 who will be diagnosed with cancer this year. 

13 (4) Among the non-elderly who receive a cancer 

14 diagnosis, more than 10 percent are uninsured, and 

15 among minority populations the percentage of unin16 sured cancer patients is higher. 

17 (5) Those with no insurance receive less cancer 

18 care and receive it later: they have lower rates of 

19 cancer screening, experience delays in follow-up after 

20 abnormal test results, and are diagnosed at a more 

21 advanced stage of disease. 

22 (6) Uninsured cancer patients receive less care 

23 than the insured, and they may face substantial 

24 medical expenses leading to bankruptcy. 


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1 (7) Young adults have worse cancer outcomes 

2 than young children or older adults; experts believe 

3 part of the discrepancy in cancer outcomes can be 

4 attributed to the fact this population is less likely to 

5 be insured than others. 

6 (8) The Medicare program is a source of med7 ical insurance for more than half of all cancer pa8 tients. 

9 (9) The Medicare program eliminates financial 

10 barriers to care for its beneficiaries and provides 

11 quality care to cancer patients. 

12 (10) Access to care, better cancer outcomes, 

13 and protection from devastating out-of-pocket med14 ical expenses could be assured to cancer patients by 

15 providing all diagnosed with cancer the opportunity 

16 to enroll in Medicare. 

17 SEC. 2. IMPROVING CANCER DATABASE. 

18 (a) IN GENERAL.—The Secretary of Health and 

19 Human Services shall collect such additional data as may 

20 be necessary to update existing databases that contain 

21 data regarding individuals with cancer in the United 

22 States in order to provide for accurate information of the 

23 number of such individuals, the types and stages of can24 cer, and the efficacy of different treatments for the types 

25 and stages of cancer. 


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1 (b) DATA.—The database under subsection (a) shall 

2 include information to monitor an individual’s full experi3 ence with cancer based upon the stage of the cancer, from 

4 the initial diagnosis to early and continued treatment until 

5 elimination of evidence of cancer or death. 

6 (c) INCREASED FUNDING.—There are authorized to 

7 be appropriated to the National Cancer Institute and the 

8 National Institutes of Health such additional funding as 

9 may be necessary to apply the information in the database 

10 for improved research and treatment of cancer, including 

11 providing physicians with timely information on outcomes 

12 to improve the treatment of cancer and to promote in13 creased quality care. 

14 SEC. 3. MEDICARE COVERAGE FOR UNINSURED CANCER 

15 PATIENTS. 

16 (a) IN GENERAL.—Title II of the Social Security Act 

17 is amended by inserting after section 226A the following 

18 new section: 

19 ‘‘SPECIAL PROVISIONS RELATING TO COVERAGE UNDER

20 THE MEDICARE PROGRAM FOR CANCER FOR UNIN21 SURED, INITIAL CANCER PATIENTS

22 ‘‘SEC. 226B. (a) IN GENERAL.—In accordance with 

23 the succeeding provisions of this section, every individual 

24 shall be entitled to benefits under part A, and eligible to 

25 enroll under parts B, C and D, of title XVIII, subject to 


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1 the deductible, premium and coinsurance provisions of 

2 such title if the individual— 

3 ‘‘(1) is medically determined to have an initial cancer; 

4 ‘‘(2) is lawfully residing in the United States; 

5 ‘‘(3) has not attained the age of 65 but would other6 wise be entitled under section 226(a) to hospital benefits 

7 under part A of title XVIII; 

8 ‘‘(4) is not covered by creditable coverage (as defined 

9 in subsection (e)); and 

10 ‘‘(5) has filed an application for benefits under this 

11 section. 

12 ‘‘(b) INITIATION AND DURATION OF BENEFITS.— 

13 The period of entitlement and eligibility described in sub14 section (a)— 

15 ‘‘(1) shall begin on the first day of the first 

16 month following the date of the medical determina17 tion of cancer referred to in subsection (a)(1) (but 

18 no earlier than the month preceding the month of 

19 the filing of an application for benefits under this 

20 section); and 

21 ‘‘(2) shall end on the date the individual be22 comes otherwise entitled to benefits under part A of 

23 title XVIII under section 226 or, if earlier, is cov24 ered under creditable coverage. 

25 ‘‘(c) PROCEDURES.— 


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1 ‘‘(1) The Secretary shall ensure that processes 

2 are established to prevent unnecessary delays in en3 rolling individuals with cancer under this section. In4 dividuals shall be enrolled on a timely basis upon the 

5 filing of an application described in subsection (a)(4) 

6 that includes evidence of an initial cancer diagnosis 

7 and an attestation that the individual satisfies the 

8 requirements of paragraphs (2) and (3) of sub9 section (a). 

10 ‘‘(2) The Secretary shall develop educational 

11 practices to help ensure that individuals enrolling 

12 under this section satisfy the criteria established 

13 under subsection (a) and shall implement post-en14 rollment procedures for identifying individuals who 

15 do not satisfy such criteria. 

16 ‘‘(3) The Secretary shall implement procedures 

17 to ensure that the benefits available under this sec18 tion are not used as a substitute for health benefits 

19 that employers or individuals could otherwise pro20 vide, obtain, or maintain, and the Secretary shall re21 port to Congress by the end of each fiscal year on 

22 the effectiveness of such procedures. 

23 ‘‘(d) CANCERS EXCLUDED.—In this section, the term 

24 ‘cancer’ does not include basal cell carcinoma or squamous 

25 cell carcinoma of the skin. 


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1 ‘‘(e) CREDITABLE COVERAGE DEFINED.—In this sec2 tion, the term ‘creditable coverage’ has the meaning given 

3 such term in section 2701(c) of the Public Health Service 

4 Act.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall apply to benefits for months beginning 

7 6 months after the date of the enactment of this Act. 

8 SEC. 4. ENCOURAGEMENT OF EARLY DETECTION OF CAN9 CER. 

10 The Secretary of Health and Human Services shall, 

11 through existing programs and other appropriate means, 

12 provide for such an educational and outreach campaign 

13 as will encourage individuals to be tested for cancer at 

14 the earliest time for which such testing may be useful in 

15 detecting the presence of cancer, based upon cancer 

16 screening recommendations of the United States Preven17 tive Services Task Force. 

Æ 


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