I
106TH CONGRESS
1ST SESSION
H. R. 1090
To amend title XVIII of the Social Security Act to exclude cancer treatment
services from the prospective payment system for hospital outpatient
department services under the Medicare Program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 1999
Mr. GREEN of Texas (for himself, Mr. TOWNS, Mr. LATOURETTE, Mr.
SHOWS, Mr. MEEHAN, Mr. GONZALEZ, Mr. FROST, Mr. PALLONE, Mr.
NADLER, Mrs. MALONEY of New York, Mr. BENTSEN, Ms. DELAURO,
Mrs. KELLY, Mr. LAFALCE, Mr. RODRIGUEZ, Mrs. MINK of Hawaii, Mr.
RAHALL, Mr. FOLEY, Mr. WALSH, Mr. WYNN, Mr. KOLBE, and Mrs.
EMERSON) introduced the following bill; which was referred to the Com-
mittee on 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 provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to exclude
cancer treatment services from the prospective payment
system for hospital outpatient department services under
the Medicare Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Medicare Full Access to Cancer Treatment Act of 1999’’.
(b) FINDINGS.—Congress makes the following find-
ings:
(1) The treatment of cancer is complex and de-
pends on the differing needs of individual patients.
(2) Patients with cancer should have access to
the latest and most effective treatments available.
(3) Supportive care drugs are an integral and
necessary part of comprehensive quality cancer
treatment.
(4) The Medicare Program’s payment policy
should respect the differing needs of cancer patients
and encourage the use of the most safe and effective
treatments in medically appropriate settings.
(5) The Medicare Program should not create fi-
nancial incentives that reward the use of older, less
effective drugs, that reward the use of inadequate
supportive care treatments, and otherwise undermine
the delivery and availability of safe and effective
cancer care.
(6) Any prospective payment system for services
furnished under the Medicare Program to Medicare
beneficiaries that is passed by Congress and imple-
mented by the Health Care Financing Administra-
tion must not undermine the principles stated in
paragraphs (1) through (5).
SEC. 2. PAYMENT FOR CANCER SERVICES EXCLUDED FROM
HOSPITAL OUTPATIENT DEPARTMENT SERV-
ICES PROSPECTIVE PAYMENT SYSTEM.
(a) IN GENERAL.—Section 1833(t)(1) of the Social
Security Act (42 U.S.C. 1395l(t)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘For’’ and
inserting ‘‘Except as provided in subparagraph (C),
for’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) EXCLUDED
SERVICES.—The term
‘covered OPD services’ does not include any of
the following items and services:
‘‘(i) OUTPATIENT
CANCER
TREAT-
MENT.—Services consisting of any drug or
biologic therapy as treatment, supportive
care, or both for patients with cancer.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) apply with respect to payments under the
Medicare Program for hospital outpatient department
services made on or after the date of the enactment of
this Act.
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