I 
111TH CONGRESS 
1ST SESSION H. R. 1765 
To amend title XVIII of the Social Security Act with respect to payment 
for the furnishing of intravenous immune globulin (IVIG) in a patient’s 
home for the treatment of primary immune deficiency diseases and to 
cover certain disposable pumps as durable medical equipment in place 
of non-disposable pumps under the Medicare Program. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2009 
Ms. MATSUI (for herself and Mr. TANNER) 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act with respect 
to payment for the furnishing of intravenous immune 
globulin (IVIG) in a patient’s home for the treatment 
of primary immune deficiency diseases and to cover cer-
tain disposable pumps as durable medical equipment in 
place of non-disposable pumps under the Medicare Pro-
gram. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. MEDICARE PAYMENT FOR ITEMS AND SERV-
ICES RELATING TO THE FURNISHING OF IN-
TRAVENOUS IMMUNE GLOBULIN (IVIG) IN A 
PATIENT’S HOME FOR THE TREATMENT OF 
PRIMARY IMMUNE DEFICIENCY DISEASES. 
(a) COVERAGE.—Section 1861 of the Social Security 
Act (42 U.S.C. 1395x) is amended— 
(1) in subsection (s)(2)(Z) by inserting ‘‘and 
items and services related to the administration of 
intravenous immune globulin’’ after ‘‘globulin’’; and 
(2) in subsection (zz), by striking ‘‘, but not in-
cluding items or services related to the administra-
tion of the derivative,’’. 
(b) PAYMENT.—Section 1842(o) of such Act (42 
U.S.C. 1395u(o)) is amended— 
(1) in paragraph (7)— 
(A) by striking ‘‘(6)’’ and inserting ‘‘(7)’’; 
and 
(B) by redesignating such paragraph as 
paragraph (8); and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7)(A) Subject to subparagraph (B), in the case of 
intravenous immune globulins furnished on or after Janu-
ary 1, 2010, under section 1861(s)(2)(Z), the Secretary 
shall provide for a separate payment for items and services 
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related to the administration of such intravenous immune 
globulins in an amount that the Secretary determines to 
be appropriate based on a review of available published 
and unpublished data and information, including the 
Study of Intravenous Immune Globulin Administration 
Options: Safety, Access, and Cost Issues (CMS Contract 
#500–95–0059). Such payment amount may take into ac-
count the following: 
‘‘(i) Pharmacy overhead and related expenses. 
‘‘(ii) Patient service costs. 
‘‘(iii) Supply costs. 
‘‘(B) The separate payment amount under this para-
graph for intravenous immune globulins furnished in 2011 
or a subsequent year shall be equal to the separate pay-
ment amount determined under this paragraph for the 
previous year increased by the percentage increase in the 
consumer price index for medical care for the 12-month 
period ending with June of the previous year.’’. 
SEC. 2. MEDICARE COVERAGE OF DISPOSABLE PUMPS AS 
ITEMS OF DURABLE MEDICAL EQUIPMENT IN 
CERTAIN CASES. 
(a) IN GENERAL.—Section 1861(n) of the Social Se-
curity Act (42 U.S.C. 1395x(n)) is amended by inserting 
before the semicolon the following: ‘‘and includes a dispos-
able pump prescribed, instead of a non-disposable external 
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infusion pump, for administration of a drug used as part 
of a chemotherapy regimen for the treatment of colorectal 
cancer if a non-disposable external infusion pump would 
have been covered under this subsection to administer the 
same drug for the same indication as of July 1, 2008’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to disposable pumps furnished 
on or after January 1, 2010. 
Æ 
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