IA 
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110TH CONGRESS 
1ST SESSION 
H. J. RES. 54 
Providing for congressional disapproval under chapter 8 of title 5, United 
States Code, of the rule submitted by the Centers for Medicare & Med-
icaid Services within the Department of Health and Human Services 
relating to Medicare coverage for the use of erythropoiesis stimulating 
agents in cancer and related neoplastic conditions. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2007 
Ms. ESHOO (for herself and Mr. ROGERS of Michigan) introduced the fol-
lowing joint resolution; 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 provisions as fall within the jurisdiction of the 
committee concerned 
JOINT RESOLUTION 
Providing for congressional disapproval under chapter 8 of 
title 5, United States Code, of the rule submitted by 
the Centers for Medicare & Medicaid Services within 
the Department of Health and Human Services relating 
to Medicare coverage for the use of erythropoiesis stimu-
lating agents in cancer and related neoplastic conditions. 
Whereas the Centers for Medicare & Medicaid Services issued 
a final Medicare national coverage determination on the 
use of erythropoiesis stimulating agents in cancer and re-
lated neoplastic conditions (CAG–000383N) on July 30, 
2007; 
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HJ 54 IH1S 
Whereas the Centers for Medicare & Medicaid Services sub-
mitted to the Congress a copy of the national coverage 
determination rule, a detailed description of the rule, and 
the proposed effective date of the rule; 
Whereas 52 Senators and 235 Members of the House of Rep-
resentatives, representing bipartisan majorities in both 
chambers, have written to the Centers for Medicare & 
Medicaid Services expressing significant concerns with 
the proposed national coverage determination on the use 
of erythropoiesis stimulating agents in cancer and related 
neoplastic conditions, issued on May 14, 2007, regarding 
the use of erythropoiesis stimulating agent therapy for 
Medicare cancer patients; 
Whereas the leading national medical organization rep-
resenting physicians who treat patients with cancer, has 
noted that the national coverage determination’s hemo-
globin level restriction is inconsistent with both the FDA- 
approved labeling and national guidelines and that its 
dosing and titration regimen restrictions ignore estab-
lished studies, the FDA label, and clinical guidelines and, 
therefore, has formally requested that the Centers for 
Medicare & Medicaid Services reconsider these restric-
tions; 
Whereas the leading national medical organization rep-
resenting physicians who treat patients with disorders af-
fecting the blood and bone marrow, the Nation’s leading 
health care services network dedicated exclusively to can-
cer treatment and research, and other national, nonprofit 
organizations dedicated to improving patient access to 
care have expressed similar concerns over the national 
coverage determination and have called for its reconsider-
ation; and 
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HJ 54 IH1S 
Whereas despite the strong concerns of the oncology and he-
matology community, the Centers for Medicare & Med-
icaid Services has failed to take any action: Now, there-
fore, be it 
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, 
That Congress disapproves the rule (CAG–000383N) sub-
mitted by the Centers for Medicare & Medicaid Services 
within the Department of Health and Human Services re-
lating to Medicare coverage for the use of erythropoiesis 
stimulating agents in cancer and related neoplastic condi-
tions, and such rule shall have no force or effect. 
Æ 
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