I 
115TH CONGRESS 
2D SESSION 
H. R. 6138 
To amend title XVIII of the Social Security Act to provide for ambulatory 
surgical center representation during the review of hospital outpatient 
payment rates under part B of the Medicare program, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2018 
Mr. NUNES (for himself and Mr. LARSON of Connecticut) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for ambulatory surgical center representation during the 
review of hospital outpatient payment rates under part 
B of the Medicare program, and for other purposes. 
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 ‘‘Ambulatory Surgical 
Center Payment Transparency Act of 2018’’ or the ‘‘ASC 
Payment Transparency Act of 2018’’. 
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SEC. 2. ADVISORY PANEL ON HOSPITAL OUTPATIENT PAY-
MENT REPRESENTATION. 
(a) ASC REPRESENTATIVE.—The second sentence of 
section 1833(t)(9)(A) of the Social Security Act (42 
U.S.C. 1395l(t)(9)(A)) is amended by inserting ‘‘and at 
least one ambulatory surgical center representative’’ after 
‘‘an appropriate selection of representatives of providers’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to advisory panels 
consulted on or after the date that is 1 year after the date 
of enactment of this Act. 
SEC. 3. REASONS FOR EXCLUDING ADDITIONAL PROCE-
DURES FROM ASC APPROVED LIST. 
Section 1833(i)(1) of the Social Security Act (42 
U.S.C. 1395l(i)(1)) is amended by adding at the end the 
following: ‘‘In updating such lists for application in years 
beginning after the date of the enactment of this sentence, 
for each procedure that was not proposed to be included 
in such lists in the proposed rule with respect to such lists 
and that was subsequently requested to be included in 
such lists during the public comment period with respect 
to such proposed rule and that is not included in the final 
rule updating such lists, the Secretary shall cite in such 
final rule the specific criteria in paragraph (b) or (c) of 
section 416.166 of title 42, Code of Federal Regulations 
(or any successor regulation), based on which the proce-
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dure was excluded. If paragraph (b) of such section is 
cited for exclusion of a procedure, the Secretary shall iden-
tify the peer reviewed research, if any, or the evidence 
upon which such determination is based. The Secretary 
may not use or cite section 416.166(c)(7) of such title (or 
any successor regulation) as criteria or a basis for exclu-
sion of a procedure from such lists.’’. 
Æ 
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