I
107TH CONGRESS
1ST SESSION
H. R. 1011
To amend title XIX of the Social Security Act to provide public access
to quality medical imaging procedures and radiation therapy procedures.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 2001
Mrs. WILSON (for herself, Mr. EVANS, Mr. DUNCAN, Mr. RAHALL, and Mr.
DOYLE) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce
A BILL
To amend title XIX of the Social Security Act to provide
public access to quality medical imaging procedures and
radiation therapy procedures.
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 ‘‘Consumer Assurance
of Radiologic Excellence Act’’.
SEC. 2. STATE LICENSES REGARDING PRACTITIONERS OF
MEDICAL IMAGING AND RADIATION THER-
APY; LIMITATION ON MEDICAID PAYMENTS
FOR PROCEDURES.
Title XIX of the Social Security Act (42 U.S.C. 1396
et seq.) is amended—
(1) in section 1903(i) (42 U.S.C. 1396b(i))—
(A) in paragraph (20), by striking the pe-
riod at the end and inserting ‘‘; or’’; and
(B) by inserting after paragraph (20) the
following paragraph:
‘‘(21) with respect to any amount expended on
medical imaging procedures or radiation therapy
procedures unless the State meets the requirements
of section 1930A (relating to State medical radiation
licenses).’’; and
(2) by inserting after section 1930 the following
section:
‘‘STATE MEDICAL RADIATION LICENSES
‘‘SEC. 1930A. (a) STATE LICENSES REGARDING
MEDICAL IMAGING AND RADIATION THERAPY.—For pur-
poses of section 1903(i)(21), a State meets the require-
ments of this section if the State demonstrates to the sat-
isfaction of the Secretary that the law of the State has
in effect the following policies:
‘‘(1) Subject to paragraphs (2) and (3), it is
unlawful for an individual in the State to inten-
tionally administer or plan medical imaging proce-
dures or radiation therapy procedures to or for a pa-
tient for medical or chiropractic purposes unless the
individual has obtained from the State a license, cer-
tificate, or other document that authorizes the indi-
vidual to administer such procedures in the State
(referred to in this section as a ‘medical radiation li-
cense’).
‘‘(2) Notwithstanding any other provision of
this section, the State deems an individual as hold-
ing a medical radiation license if the individual is li-
censed in the State as a doctor of medicine, osteop-
athy, dentistry, podiatry, or chiropractic.
‘‘(3) The State requires an individual who ad-
ministers medical imaging procedures or radiation
therapy procedures to obtain a medical radiation li-
cense from the State, unless—
‘‘(A) the individual exclusively performs
medical ultrasound or echocardiography; or
‘‘(B) the individual is a student enrolled in
an educational institution or program that is
accredited pursuant to subsection (b)(2)(B)
and, as a student, intentionally administers
medical imaging procedures or radiation ther-
apy procedures for medical or chiropractic pur-
poses under the supervision of an individual
who holds a medical radiation license obtained
from the State.
‘‘(4) The State does not provide a medical radi-
ation license to an individual unless the individual
meets—
‘‘(A) the criteria established under sub-
section (b) by the Secretary; and
‘‘(B) such additional criteria as the State
may establish.
‘‘(b) ISSUANCE BY SECRETARY OF MINIMUM LICENS-
ING CRITERIA.—
‘‘(1) IN GENERAL.—Not later than 18 months
after the date of the enactment of the Consumer As-
surance of Radiologic Excellence Act, the Secretary
shall by regulation issue criteria that, for purposes
of subsection (a)(4)(A), establish the minimum
standards for an individual to obtain a medical radi-
ation license from a State. In carrying out the pre-
ceding sentence, the Secretary shall—
‘‘(A) establish such standards as the Sec-
retary determines to be appropriate for ensur-
ing the quality performance of medical imaging
(1) Except as provided in paragraph (2), such
condition applies to the States on and after the first
day of the first calendar quarter that begins after
the date on which the Secretary of Health and
Human Services promulgates the final rule under
section 1930A(b)(1) of the Social Security Act (as
added by section 2 of this Act).
(2) If the Secretary determines that meeting
such condition requires State legislation (other than
legislation appropriating funds), the condition ap-
plies to the State involved on and after the first day
of the first calendar quarter that begins after the
close of the relevant session of the State legislature.
For purposes of the preceding sentence:
(A) The relevant session is the first reg-
ular session of the State legislature that begins
after the date on which such final rule is pro-
mulgated by the Secretary, subject to subpara-
graph (B).
(B) If the State has a two-year legislative
session, each year of the session is deemed to
be a separate regular session of the State legis-
lature for purposes of subparagraph (A).
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