I 
108TH CONGRESS 
1ST SESSION 
H. R. 41
To amend title XVIII of the Social Security Act to specify the update 
for payments under the Medicare physician fee schedule for 2003. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Mrs. CAPPS (for herself, Mr. LARSEN of Washington, Mr. TAYLOR of Mis-
sissippi, Mrs. DAVIS of California, Ms. WOOLSEY, Ms. LOFGREN, Mr. 
ROSS, Mr. MARKEY, Mr. BOUCHER, Mr. GREEN of Texas, Mr. BRADY 
of Pennsylvania, Mr. MCNULTY, Ms. CARSON of Indiana, Ms. SLAUGH-
TER, Mr. REYES, Mr. FRANK of Massachusetts, Mr. MORAN of Virginia, 
Mr. FROST, Mr. ISRAEL, Mr. DOGGETT, Mr. HINCHEY, Mr. DAVIS of 
Florida, Mr. RODRIGUEZ, Mr. NADLER, and Mr. WYNN) introduced the 
following 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 specify 
the update for payments under the Medicare physician 
fee schedule for 2003.
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 ‘‘Medicare Physician 
Protection Act of 2003’’.
SEC. 2. SPECIFICATION OF THE UPDATE FOR PAYMENTS 
UNDER 
THE 
MEDICARE 
PHYSICIAN 
FEE 
SCHEDULE FOR 2003. 
(a) IN GENERAL.—Section 1848(d) of the Social Se-
curity Act (42 U.S.C. 1395w–4(d)) is amended by adding 
at the end the following new paragraph: 
‘‘(5) CONVERSION FACTOR FOR 2003.—
‘‘(A) IN GENERAL.—The conversion factor 
established under this subsection for 2003 shall 
be equal to the conversion factor established 
under this subsection for 2002. 
‘‘(B) NO EFFECT FOR SUBSEQUENT PERI-
ODS.—The conversion factor under paragraph 
(1) and the update adjustment factor under 
paragraph (4)(B) for a year after 2003 shall be 
applied and computed as if subparagraph (A) 
had not been in effect. 
‘‘(C) CONFORMING
PROVISIONS
TO
EN-
SURE
NO
EFFECT
FOR
SUBSEQUENT
PERI-
ODS.—In carrying out subparagraph (B): 
‘‘(i) NO EFFECT ON TARGET FOR AL-
LOWED EXPENDITURES.—The allowed ex-
penditures under paragraph (4)(C)(iii) for 
years after 2003 shall be applied and com-
puted as if subparagraph (A) had not been 
in effect.
‘‘(ii) REMOVAL
OF
ADDITIONAL
EX-
PENDITURES
FROM
ACTUAL
EXPENDI-
TURES.—In applying paragraph (4)(B) for 
years beginning with 2004, the actual ex-
penditures for 2003 shall be the actual ex-
penditures otherwise determined multiplied 
by the ratio of (I) the amount of the con-
version factor that would have applied for 
2003 under this subsection but for this 
paragraph, to (II) the amount of the con-
version factor that is applied for 2003 
under this paragraph. 
‘‘(iii) NOT TREATED AS CHANGE IN 
LAW
AND
REGULATION
IN
SUSTAINABLE 
GROWTH RATE DETERMINATION.—The en-
actment of this paragraph shall not be 
treated as a change in law for purposes of 
applying subsection (f)(2)(D).’’. 
(b) CONFORMING AMENDMENTS.—Section 1848(d) 
of the such Act (42 U.S.C. 1395w–4(d)) is amended—
(1) in paragraph (1)(A), by inserting ‘‘and sub-
ject to paragraph (5)’’ after ‘‘with 2001’’; 
(2) in paragraph (4)(A), by inserting ‘‘(includ-
ing paragraph (5))’’ after ‘‘Unless otherwise pro-
vided by law’’;
(3) in paragraph (4)(B), by inserting ‘‘and sub-
paragraphs (B) and (C) of paragraph (5)’’ after 
‘‘subparagraph (D)’’ in the matter preceding clause 
(i); and 
(4) in paragraph (4)(C)(iii), by striking ‘‘The 
allowed expenditures’’ and inserting ‘‘Subject to 
paragraph (5)(C)(i), the allowed expenditures’’.
Æ