I 
108TH CONGRESS 
2D SESSION 
H. R. 5144 
To amend title XVIII of the Social Security Act to preserve access to cancer 
care under the Medicare Program. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2004 
Mr. NORWOOD (for himself, Mrs. CAPPS, Mr. BURNS, Mr. BURTON of Indi-
ana, Mr. FRANK
of Massachusetts, Mr. FROST, Mr. HALL, Mr. 
HOEFFEL, Mr. OWENS, Mr. SANDLIN, Mr. TERRY, Mr. WALSH, and Mr. 
WELDON of Florida) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Com-
mittee 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 preserve 
access to cancer care under the Medicare Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cancer Care Preserva-
tion Act of 2004’’.
SEC. 2. ESTABLISHMENT OF MINIMUM PAYMENT AMOUNTS 
FOR 
ONCOLOGY 
DRUGS 
FURNISHED 
TO 
MEDICARE BENEFICIARIES. 
(a) IN GENERAL.—Section 1847A of the Social Secu-
rity Act (42 U.S.C. 1395w–3a), as added by section 
303(c)(1) of the Medicare Prescription Drug, Improve-
ment, and Modernization Act of 2003 (Public Law 108– 
173; 117 Stat. 2239), is amended— 
(1) in subsection (b)(1), by striking ‘‘Subject to 
subsections (d)(3)(C) and (e)’’ and inserting ‘‘Sub-
ject to subsections (d)(3)(C), (e), and (g)’’; 
(2) by redesignating subsection (g) as sub-
section (h); and 
(3) by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) ALTERNATIVE MINIMUM PAYMENT AMOUNT 
FOR ONCOLOGY DRUGS.— 
‘‘(1) IN GENERAL.—In no case may the amount 
of payment determined under this section for the 
billing and payment code for a drug or biological 
(based on a minimum dosage unit) for an oncology 
drug furnished in 2005 or 2006 be less than 95 per-
cent of such amount of payment for that oncology 
drug furnished in the preceding year. 
‘‘(2) ESTABLISHMENT
OF
CODE.—The Sec-
retary shall make such modifications to billing and
payment codes, including the establishment of a 
temporary billing and payment code, to carry out 
this subsection.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of section 301(c)(1) of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Pub-
lic Law 108–173; 117 Stat. 2239). 
SEC. 3. ESTABLISHMENT OF MINIMUM PAYMENT AMOUNTS 
FOR DRUG ADMINISTRATION SERVICES. 
(a) IN GENERAL.—Section 303(a)(4) of the Medicare 
Prescription Drug, Improvement, and Modernization Act 
of 2003 (Public Law 108–173; 117 Stat. 2237) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘and be-
fore January 1, 2006,’’ and inserting ‘‘and before 
January 1, 2007,’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘and’’ at the end of clause 
(i); 
(B) in clause (ii), by striking ‘‘3 percent.’’ 
and inserting ‘‘27 percent; and’’; and 
(C) by inserting after clause (ii) the fol-
lowing new clause: 
‘‘(iii) during 2006, is 22 percent.’’.
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply as if included in the enactment 
of section 303(a)(4) of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (Public Law 
108–173; 117 Stat. 2237). 
Æ