I 
117TH CONGRESS 
1ST SESSION H. R. 3749 
To amend title XXVII of the Public Health Service Act to expand the 
availability of coverage for lung cancer screenings without the imposition 
of cost sharing. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2021 
Mr. BRENDAN F. BOYLE of Pennsylvania (for himself, Mr. DESAULNIER, and 
Mr. LOWENTHAL) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend title XXVII of the Public Health Service Act 
to expand the availability of coverage for lung cancer 
screenings without the imposition of cost sharing. 
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 ‘‘Katherine’s Law for 
Lung Cancer Early Detection and Survival Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Lung cancer is the number 1 killer of all 
cancers. 
VerDate Sep 11 2014 
20:14 Jun 27, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3749.IH
H3749
kjohnson on DSK79L0C42PROD with BILLS
(2) Lung cancer causes more deaths than pros-
tate cancer, breast cancer, and colorectal cancer 
combined. 
(3) The reason for the extremely low 5-year 
survival rate in lung cancer patients is the difficulty 
to find it at early stages (as patients have no symp-
toms at early stages). 
(4) For all stages of lung cancer, the overall 5- 
year survival rate is 19 percent, while such rate is 
98 percent for prostate cancer and 90 percent for 
breast cancer (all stages). 
(5) Early detection of lung cancer through 
screening could dramatically increase survival rates 
for patients. 
SEC. 3. EXPANDING THE AVAILABILITY OF COVERAGE FOR 
LUNG CANCER SCREENINGS WITHOUT THE 
IMPOSITION OF COST SHARING. 
(a) IN GENERAL.—Section 2713 of the Public Health 
Service Act (42 U.S.C. 300gg–13) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting a semicolon; 
VerDate Sep 11 2014 
20:14 Jun 27, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3749.IH
H3749
kjohnson on DSK79L0C42PROD with BILLS
(C) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; 
(D) by redesignating paragraph (5) as 
paragraph (6); and 
(E) by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) lung cancer screenings, in addition to any 
coverage for such screenings provided pursuant to 
paragraph (1), for individuals who have a high risk 
of lung cancer due to genetic, occupational, family 
history, or other exposures and who has a referral 
from a specialist (such as a pulmonary medicine 
physician), provided that such specialist explains the 
benefits and harms of such screenings and the indi-
vidual’s risk of lung cancer.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) SPECIAL RULE FOR CERTAIN LUNG CANCER 
SCREENINGS.—In the case of a lung cancer screening fur-
nished to an individual that would be a service described 
under subsection (a)(1) but for the fact that the individual 
stopped smoking more than 15 years prior to the date of 
such screening or is 80 years of age or older as of such 
date, such screening shall be deemed to be a service so 
described under such subsection.’’. 
VerDate Sep 11 2014 
20:14 Jun 27, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3749.IH
H3749
kjohnson on DSK79L0C42PROD with BILLS
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to plan years begin-
ning on or after January 1, 2022. 
Æ 
VerDate Sep 11 2014 
20:14 Jun 27, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H3749.IH
H3749
kjohnson on DSK79L0C42PROD with BILLS