IB 
Union Calendar No. 779 
118TH CONGRESS 
2D SESSION 
H. R. 133 
[Report No. 118–764, Part I] 
To amend title XVIII of the Social Security Act to clarify the use of the 
national coverage determination process under the Medicare program. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2023 
Mr. BUCHANAN (for himself, Ms. BARRAGA´N, and Ms. SALAZAR) 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 com-
mittee concerned 
NOVEMBER 22, 2024 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 22, 2024 
Referral to the Committee on Ways and Means extended for a period ending 
not later than December 19, 2024 
DECEMBER 19, 2024 
Additional sponsors: Mr. FITZPATRICK, Mr. FERGUSON, Mr. CAREY and Mrs. 
MILLER of West Virginia 
DECEMBER 19, 2024 
Committee on Ways and Means discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on January 9, 2023] 
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A BILL 
To amend title XVIII of the Social Security Act to clarify 
the use of the national coverage determination process 
under the Medicare program. 
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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 ‘‘Mandating Exclusive 
Review of Individual Treatments Act’’ or the ‘‘MERIT 
Act’’. 
SEC. 2. CLARIFICATION ON MEDICARE NATIONAL COV-
ERAGE DETERMINATION PROCESS. 
Section 1862(a) of the Social Security Act (42 U.S.C. 
1395y(a)) is amended by adding at the end the following 
new sentence: ‘‘For purposes of paragraph (1)(E), with re-
spect to a determination made on or after the date of the 
enactment of this sentence of whether a drug or biological 
is reasonable and necessary to carry out the purposes of 
such section, such determination shall be made with respect 
to each drug or biological involved and not with respect to 
a class of drugs or biologicals.’’. 
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Union Calendar No. 779 
118TH CONGRESS 
2D SESSION 
H. R. 133 
[Report No. 118–764, Part I] 
A BILL 
To amend title XVIII of the Social Security Act to 
clarify the use of the national coverage deter-
mination process under the Medicare program. 
DECEMBER 19, 2024 
Committee on Ways and Means discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Sep 11 2014 
01:24 Dec 24, 2024
Jkt 059200
PO 00000
Frm 00004
Fmt 6651
Sfmt 6651
E:\BILLS\H133.RH
H133
kjohnson on DSK7ZCZBW3PROD with $$_JOB