I 
111TH CONGRESS 
2D SESSION 
H. R. 5290 
To permit physicians and suppliers a new election to become Medicare partici-
pating physicians and suppliers if Medicare physician fee schedule rates 
are extended. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2010 
Ms. GIFFORDS (for herself, Mr. BURGESS, and Mr. LARSON of Connecticut) 
introduced the following bill; which was referred to the Committee on En-
ergy 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 jurisdic-
tion of the committee concerned 
A BILL 
To permit physicians and suppliers a new election to become 
Medicare participating physicians and suppliers if Medi-
care physician fee schedule rates are extended. 
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 ‘‘More Doctors, More 
Choices Act of 2010’’. 
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SEC. 2. ADDITIONAL ELECTION OPPORTUNITY FOR PHYSI-
CIANS AND SUPPLIERS TO BECOME MEDI-
CARE PARTICIPATING PHYSICIANS AND SUP-
PLIERS IF MEDICARE PHYSICIAN FEE SCHED-
ULE RATES ARE EXTENDED. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, if a Medicare SGR extension law is enacted 
during the 111th Congress, the Secretary of Health and 
Human Services shall permit a physician or supplier who 
furnishes (or may furnish) services for which payment is 
made under the Medicare physician fee schedule (or would 
be so made but for a contract under section 1802(b) of 
the Social Security Act) and is not a Medicare partici-
pating physician or supplier to elect to become such a 
Medicare participating physician or supplier. 
(b) ELECTION PROCESS.—The election under sub-
section (a)— 
(1) shall occur during a period specified by the 
Secretary of not less than 30 days beginning not 
later than 30 days after the date of the enactment 
of the Medicare SGR extension law; 
(2) shall be made through a process that is con-
sistent with the existing open enrollment process 
under which physicians and suppliers otherwise 
make a participation election; and 
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(3) shall become effective for items and services 
furnished on or after the date that is 15 days after 
the last date of the election period under paragraph 
(1). 
(c) TREATMENT OF PRIVATE CONTRACTS.—In the 
case of a physician or practitioner who has entered into 
a contract under section 1802(b) of the Social Security 
Act (42 U.S.C. 1395a(b)) that is in effect as of the date 
of the enactment of the Medicare SGR extension law (or 
this Act, if later) and who makes an election to be a Medi-
care participating physician or supplier under this section 
during the election period under subsection (b)(1)— 
(1) such election shall not apply to the contract 
until the date of the contract would otherwise termi-
nate without regard to this subsection, unless the 
medicare beneficiary involved terminates the con-
tract through timely notice to the physician or prac-
titioner; and 
(2) notwithstanding such section 1802(b), the 
2-year limitation imposed under the affidavit de-
scribed in paragraph (3)(B)(i) of such section shall 
not apply to services furnished as a participating 
physician or supplier pursuant to such election. 
(d) DEFINITIONS.—In this section: 
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(1) MEDICARE
PARTICIPATING
PHYSICIAN
OR 
SUPPLIER.—The term ‘‘Medicare participating phy-
sician or supplier’’ has the meaning given the term 
participating physician or supplier in section 
1842(h)(1) of the Social Security Act (42 U.S.C. 
1395u(h)(1)). 
(2) MEDICARE
PHYSICIAN
FEE
SCHEDULE.— 
The term ‘‘Medicare physician fee schedule’’ means 
the payment schedule under section 1848 of the So-
cial Security Act (42 U.S.C. 1395w–4). 
(3) MEDICARE
SGR
EXTENSION
LAW.—The 
term ‘‘Medicare SGR extension law’’ means a law 
that extends or revises for at least 1 year the 
amount of the conversion factor under section 
1848(d) of the Social Security Act (42 U.S.C. 
1395w–4(d)) so that it is not lower than the conver-
sion factor for May 2010. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
Æ 
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