I
104TH CONGRESS
2D SESSION
H. R. 3262
To amend title XVIII of the Social Security Act to expand coverage under
part B of the Medicare program of certain antibiotics which are
parenterally administered in a home setting, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Ms. GREENE of Utah introduced the following bill; which was referred to the
Committee 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 expand
coverage under part B of the Medicare program of cer-
tain antibiotics which are parenterally administered in
a home setting, 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 ‘‘Common Sense Medi-
care Antibiotic Coverage Act of 1996’’.
SEC. 2. EXPANDED MEDICARE COVERAGE OF ANTIBIOTICS
ADMINISTERED 
PARENTERALLY 
IN 
HOME
SETTING.
(a) IN GENERAL.—Section 1861(n) of the Social Se-
curity Act (42 U.S.C. 1395x(n)) is amended—
(1) in the first sentence, by inserting ‘‘an anti-
biotic described in paragraph (2),’’ after ‘‘hospital
beds,’’;
(2) by striking ‘‘(n)’’ and inserting ‘‘(n)(1)’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(2) An antibiotic described in this paragraph is any
of the following antibiotics which is administered
parenterally, using an access device that is inserted into
the body:
‘‘(A) Vancomycin.
‘‘(B) Cefazolin.
‘‘(C) Ceftriaxone.
‘‘(D) Ceftazidime.
‘‘(E) Any other antibiotic which the Secretary
(in consultation with experts in the field of infec-
tious diseases) considers appropriate for purposes of
this subsection, taking into account medical neces-
sity and the extent to which coverage of the anti-
biotic under this subsection would result in savings
to the program under this title.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to antibiotics furnished on or
after January 1, 1997.
SEC. 3. EFFECTS OF COVERAGE ON OVERALL EXPENDI-
TURES UNDER MEDICARE PROGRAM.
(a) REPORT ON ADJUSTMENTS TO PAYMENTS.—Not
later than April 1, 1997, the Secretary of Health and
Human Services shall make recommendations to Congress
concerning appropriate adjustments to the payment
amounts provided for items and services under title XVIII
of the Social Security Act to take into account the reduced
costs to individuals and entities providing such items and
services resulting from the coverage under part B of the
medicare program of certain antibiotics as items of dura-
ble medical equipment under section 1861(n) of the such
Act (as amended by section 2(a)).
(b) REQUIRING BUDGET-NEUTRALITY IN IMPLEMEN-
TATION OF COVERAGE.—The Secretary of Health and
Human Services shall adjust payment amounts provided
for items and services under title XVIII of the Social Se-
curity Act in such manner as the Secretary considers ap-
propriate to ensure that aggregate payments under such
title in any fiscal year are not greater or less than those
that would have been made in the year had section 2(a)
not been enacted into law.
SEC. 4. REPORT ON COVERAGE OF ADDITIONAL ANTI-
BIOTICS.
Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services
shall submit a report to Congress describing the additional
antibiotics to be treated as items of durable medical equip-
ment pursuant to section 1861(n)(2)(E) of the Social Se-
curity Act (as added by section 2(a)).
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