instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

This Act may be cited as the ''Wildland Firefighters Health
Protection Act''.

SEC. 2. DEFINITIONS.

For the purposes of this Act--
(1) the term ''wildland firefighter'' means an employee of
a Federal land management agency, the duties of whose position
are primarily to perform work directly related to the
prevention, control, suppression, and management of wildfires,
including--
(A) an employee of a Federal land management agency
who is assigned to support wildland fire suppression
activities; and
(B) an employee who is transferred to a supervisory
or administrative position from a position of wildland
firefighter (as defined by the preceding provisions of
this paragraph);
(2) the term ''Federal land management agency'' means--
(A) within the Department of the Interior, the
Bureau of Land Management, the Bureau of Indian
Affairs, the National Park Service, and the Fish and
Wildlife Service; and
(B) within the Department of Agriculture, the
Forest Service; and
(3) the term ''employee'' has the meaning given such term
by section 2105 of title 5, United States Code.

SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

(a) Requirements.--
(1) In general.--Within 30 days after the date of the
enactment of this Act, the Office of Personnel Management, in
cooperation with the Federal land management agencies, shall
commence development of a separate and distinct wildland
firefighter occupational series that will more accurately
reflect the variety of duties performed by wildland
firefighters.
(2) Designation.--The official title assigned to any
occupational series established pursuant to paragraph (1) shall
include the designation of ''Wildland Firefighter''.
(3) Positions described.--Paragraph (1) applies with
respect to any class or other category of positions that
consists primarily or exclusively of forestry technician
positions, range technician positions, or any other positions
the duties and responsibilities of which include--
(A) significant wildfire preparedness and
suppression activities; or
(B) activities necessary to meet any other
emergency incident to which assigned.
(4) Consultation.--Congress encourages the Office of
Personnel Management to consult with recognized employee
organizations, employee associations, and any other groups that
represent Federal wildland firefighters in carrying out this
subsection.
(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1)
of title 5, United States Code, is amended by striking all after
''except'' and inserting an em dash and the following:
''(A) an employee in an occupational series
covering positions for which the primary duties are
wildland firefighting, as determined by the Office; and
''(B) in such other circumstances as the Office may
by regulation prescribe; and''.
(c) Employees Currently in 401 Series.--Any individual who, as of
the date of the enactment of this Act, holds a position of wildland
firefighter shall have the option of either remaining in the 401 series
(as in effect on such date under chapter 51 of title 5, United States
Code) or being included in the new wildland firefighter series, as
established pursuant to subsection (a).

SEC. 4. PAY AND BENEFITS.

(a) In General.--In the case of a wildland firefighter, for full-
time, part-time, and intermittent tours of duty, hours of work
officially ordered or approved in excess of 40 hours per week or 8
hours per day shall be considered overtime work, inclusive of all time
the firefighter is away from their official duty station assigned to an
emergency incident, in support of an emergency incident, or pre-
positioned for emergency response, and shall be compensable as work
time in accordance with section 5542(a) of title 5, United States Code,
as amended by subsection (b)(1).
(b) Requirements.--
(1) Amendment to title 5.--Section 5542(a) of title 5,
United States Code, is amended by adding at the end (as a flush
left sentence) the following:
''Notwithstanding paragraphs (1) and (2), for a wildland firefighter
assigned to an emergency incident, assigned in support of an emergency
incident, or pre-positioned for emergency response, the overtime hourly
rate of pay is an amount equal to one and one-half times the hourly
rate of the basic pay of the employee, and that entire amount is
premium pay.''.
(2) Fair labor standards act of 1938.--For the purpose of
applying the provisions of the Fair Labor Standards Act of 1938
(29 U.S.C. 201, et seq.) with respect to wildland firefighters,
no violation referred to in such provisions shall be considered
to have occurred if the requirements described in paragraph (1)
are met.
(c) Portal-to-Portal Compensation Pilot Program.--
(1) Funding.--There is authorized to be appropriated
$25,000,000 to initiate a portal-to-portal pilot program under
this subsection, commencing with the 2013 wildfire season. Any
sums required in addition to amounts appropriated pursuant to
the preceding sentence may be secured from the existing
wildfire suppression budget for the fiscal year in which the
season occurs.
(2) Duration.--The pilot program shall be carried out by
the Department of the Interior and the Department of
Agriculture for a period not to exceed 3 calendar years
beginning as of the start of the 2013 wildfire season.
(3) Report.--No later than 90 days after the completion of
the pilot program, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a joint
report on the effectiveness of the pilot program. Such report
shall address the effect of the program with respect to--
(A) recruitment and retention of wildland
firefighters; and
(B) any cost savings.
(4) Additional requirements.--To ensure adequate funding
and to realize maximum wildfire suppression savings, the
Secretary of the Interior and the Secretary of Agriculture
shall take appropriate measures to ensure that total funding
for non-Federal fire suppression personnel and other resources,
by their respective Departments--
(A) for the first year of the pilot program, do not
exceed 90 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons;
(B) for the second year of the pilot program, do
not exceed 75 percent of their combined non-Federal
fire suppression costs for the 2011 and 2012 wildfire
seasons; and
(C) for the third year of the pilot program, do not
exceed 65 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons.
(d) Hazardous Duty Differential To Be Treated as Part of a Wildland
Firefighter's Base Pay for Retirement Purposes.--
(1) In general.--Section 8331(3) of title 5, United States
Code is amended--
(A) in subparagraph (G), by striking ''and'' at the
end;
(B) in subparagraph (H), by inserting ''and'' at
the end; and
(C) by adding after subparagraph (H) the following:
''(I) with respect to a wildland firefighter (as
defined by section 2 of the Wildland Firefighters
Health Protection Act), any pay differential received
under section 5545(d);''.
(2) Conforming amendment.--Such section 8331(3) is further
amended, in the matter following subparagraph (I) (as added by
paragraph (1)(C)), by striking ''subparagraphs (B) through (H)
of this paragraph'' and inserting ''subparagraphs (B) through
(I),''.
(e) Hazardous Duty Differential.--
(1) In general.--In the administration of section 5545(d)
of title 5, United States Code, the Office of Personnel
Management shall take such measures as may be necessary to
ensure that, under the schedule or schedules of pay
differentials for duty involving unusual physical hardship or
hazard, a pay differential of 25 percent shall be payable to an
individual while serving as a member of a wildland firefighting
crew.
(2) Definition.--For purposes of this subsection, the term
''wildland firefighting crew'' includes ground (hand crew,
hotshot, engine, and other fire apparatus personnel) and
airborne (smoke jumper or helitack) firefighting personnel on
the fire line of any wildfire or prescribed fuel treatment burn
or fire, as further defined in regulations of the Office of
Personnel Management.
(f) Benefits for Seasonal Wildland Firefighters.--
(1) Provisions relating to life insurance.--Section 8716(b)
of title 5, United States Code, is amended--
(A) in paragraph (2), by striking ''or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (3) the following:
''(4) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(2) Provisions relating to health benefits.--Section
8913(b) of title 5, United States Code, is amended--
(A) in paragraph (3), by striking ''or'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (4) the following:
''(5) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(g) Buy Back of Civilian Time After 1989.--
(1) In general.--Any individual who is subject to the
Federal Employees' Retirement System as a firefighter (within
the meaning of section 8401 of title 5, United States Code) on
the date of the enactment of this Act shall be entitled to have
any qualifying firefighter service treated as creditable
service under section 8411 of such title.
(2) Qualifying firefighter service.--For purposes of this
subsection, the term ''qualifying firefighter service'' means,
in connection with an individual, any service--
(A) which was performed by such individual, as a
wildland firefighter, after 1989 and before the date of
the enactment of this Act; and
(B) for which such individual was not allowed to
receive retirement credit by reason of section 8347(g)
or 8402(c) of such title 5.
(3) Deposit requirement.--Credit for a period of service
may not be given under this subsection unless the individual
involved makes a deposit, in such manner as the Office of
Personnel Management may by regulation require, equal to the
employee contributions that would have been required (in the
case of a firefighter) for such period under section 8334(c) or
8422(a) of such title 5, with interest.
(4) Certification.--The Office of Personnel Management
shall accept the certification of the Secretary of the Interior
or the Secretary of Agriculture, as the case may be, concerning
whether an individual performed qualifying firefighter service
and the length of the period of such service the individual
performed.
answer:
Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position.

Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed.

Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes.

Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Humanitarian Exports Leading to
Peace Act of 2001''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The Iraqi people suffered under a decade of war and
continue to suffer under a repressive regime and the most
comprehensive economic sanctions ever imposed on any country.
(2) The economic sanctions have caused extraordinary
hardship on the people of Iraq and failed to weaken the
leadership of Iraq, and have undermined the institutions of
civil society which are necessary for democratic political
life.
(3) The investigative panel established by the United
Nations Security Council and other independent bodies have
confirmed that the United Nations Oil-for-Food program has
failed to adequately meet the needs of the Iraqi people.
(4) According to the United States Department of
Agriculture, Iraq represents a potential market for nearly
$1,000,000,000 in agricultural products from the United States.
(5) The sanctions regime continues to harm the Iraqi
population for the crimes of its leaders and has not served
either the goal of the United States of punishing Iraq's
leaders or disarming weapons of mass destruction.
(6) Rigorous weapons inspections and adequate provision for
civilian needs in Iraq are not mutually exclusive.
(7) The devastating effect of the economic sanctions on
Iraq has been reported by numerous international and
independent bodies, including the following:
(A) The Center for Economic and Social Rights of
the United Nations documented dramatic increases in
malnutrition and disease, leading to the deaths of
hundreds of thousands of children under the age of 5
since 1991.
(B) UNICEF reported in 1995 that ''no significant
movement towards food security can be achieved so long
as the embargo remains in place''. Further, despite the
Oil-for-Food Program, UNICEF reported in July 1999
survey findings that ''Both the infant mortality rate
and the under-five mortality rate consistently show a
major increase in mortality over the 10 years preceding
the survey. More specifically, the results show that
the infant mortality rate has increased from 47 deaths
per 1,000 live births for the period 1984-89, to 108
deaths per 1,000 live births for the period 1994-99.''.
(C) A report authorized by the United National
Security Council on March 30, 1999, found that ''the
gravity of the humanitarian situation of the Iraqi
people is indisputable and cannot be overstated.''.
Further, it emphasized that ''Even if not all suffering
in Iraq can be imputed to external factors, especially
sanctions, the Iraqi people would not be undergoing
such deprivations in the absence of the prolonged
measures imposed by the Security Council and the
effects of the war''.
(D) UNICEF and the World Food Program found in 1997
that ''One out of every 4 young Iraqi children is
malnourished. More than 750,000 children are suffering
from malnutrition''.

SEC. 3. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH IRAQ
TO ALLOW FOR THE EXPORT OF FOOD, MEDICINES, AND CERTAIN
OTHER PRODUCTS.

The sanctions applied with respect to Iraq under the Iraq Sanctions
Act of 1990 (sections 586-586J of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513)) or any other provision of law shall not apply with respect to
the export to Iraq of any food or other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, or medical equipment, or with respect to travel incident
to the sale or delivery to Iraq of food or other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, or medical equipment.

SEC. 4. ADMINISTRATION BY SECRETARY OF COMMERCE.

(a) Administration by Secretary of Commerce.--The Secretary of
Commerce shall exercise the authorities of the Export Administration
Act of 1979, as in effect pursuant to the International Emergency
Economic Powers Act, to carry out section 3, except that--
(1) the Secretary may not require a license for the export
of any of the items to which section 3 applies; but
(2) the Secretary shall require persons exporting such
items to notify the Secretary of such exports.
(b) Regulations.--The Secretary of Commerce shall issue such
regulations as are necessary to carry out section 3.

SEC. 5. CONFORMING AMENDMENT.

Section 906(a)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the 106th Congress,
as enacted into law by section 1(a) of Public Law 106-387) is amended
by inserting ''(other than Iraq)'' after ''government of a country''.

SEC. 6. SENSE OF CONGRESS.

It is the sense of the Congress that the United States Government
should take all necessary steps to end the suffering of innocent
populations, primarily children and the elderly, by allowing the free
flow of humanitarian aid to Iraq without threat of prosecution. Such
steps should include, but not be limited to, using its position as a
permanent member of the United Nations Security Council--
(1) to lift the economic sanctions on Iraq so as to allow
exports and travel referred to in section 3; and
(2) to recommend a ban on transfers of weapons to Iraq by
countries that are members of the United Nations.

SEC. 7. REPORT TO CONGRESS.

Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Congress a report that sets
forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Iraq of food and other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, and medical equipment, since the enactment of this
Act;
(2) the impact the exports have had on food security in
Iraq;
(3) a description of the types and end users of the goods
so exported;
(4) whether there has been any indication that any
medicines, medical supplies, medical instruments, or medical
equipment exported to Iraq since the enactment of this Act--
(A) have been diverted by the Government of Iraq or
any other third party from the intended recipients; or
(B) have been used for any unintended
nonhumanitarian or dual-use purposes; and
(5) what steps the United States has taken through the
United Nations, with the cooperation of Security Council
members, to--
(A) lift nonmilitary sanctions on Iraq, including
actions described in section 6; or
(B) impose a strict regional arms control regime
pursuant to Article 14 of Security Council Resolution
687.
answer:
Humanitarian Exports Leading to Peace Act of 2001 - Declares that certain sanctions prohibiting trade with Iraq under the Iraq Sanctions Act of 1990 or any other provision of law shall not apply with respect to the export of any food or other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, or with respect to travel incident to the sale or delivery of such items.Directs the Secretary of Commerce to exercise the authorities of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act) to carry out this Act; except that the Secretary may not require a license for the export of humanitarian assistance, but shall require persons to notify the Secretary when exporting such assistance.Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to repeal a specified section prohibiting the export to Iraq of agricultural commodities (including the financing of their sale), medicine, or medical devices, and travel (effectively allowing the export of such commodities and travel to such country).Expresses the sense of Congress that the U.S. Government should take all necessary steps to end the suffering of innocent populations, primarily children and the elderly, by allowing the free flow of humanitarian aid to Iraq without threat of prosecution. Urges the U.S. Government to use its position as a permanent member of the United Nations (UN) Security Council to lift the economic sanctions on Iraq so as to allow such exports and travel there, and to recommend a ban on transfers of weapons to such country by countries that are members of the UN.

question:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Medicare IVIG
Access Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare payment for immune globulins.
Sec. 4. Coverage and payment of intravenous immune globulin in the
home.
Sec. 5. Patient access surveys and reports.

SEC. 2. FINDINGS.

(a) Findings.--Congress finds the following:
(1) Intravenous immune globulin (IVIG) is a human blood
plasma derived product, which over the past 25 years has become
an invaluable therapy for many primary immunodeficiency
diseases, as well as a number of neurological, autoimmune, and
other chronic conditions and illnesses. For many of these
disorders, IVIG is the most effective and viable treatment
available, and has dramatically improved the quality of life
for persons with these conditions and has become a life-saving
therapy for many.
(2) The Food and Drug Administration (FDA) recognizes each
IVIG brand as a unique biologic. The differences in basic
fractionation and the addition of various modifications for
further purification, stabilization and virus inactivation/
removal yield clearly different biological products. As a
result, IVIG therapies are not interchangeable, with patient
tolerance differing from one IVIG brand to another.
(3) The report of the Office of the Assistant Secretary for
Planning and Evaluation (ASPE), Department of Health and Human
Services (DHHS), ''Analysis of Supply, Distribution, Demand,
and Access Issues Associated with Immune Globulin Intravenous
(IGIV)'', issued in May 2007, found that IVIG manufacturing is
complex and requires substantial upfront cash outlay and
planning and takes between seven and 12 months from plasma
collection at donor centers to FDA lot release.
(4) The Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 changed Medicare's reimbursement
methodology for IVIG from average wholesale price (AWP) to
average sales price plus 6 percent (ASP+6), effective January
1, 2005, for physicians, and January 1, 2006, for hospital
outpatient departments, thereby reducing reimbursement rates
paid to these providers of IVIG on behalf of Medicare
beneficiaries.
(5) An Office of the Inspector General (OIG) April 2007
report, Intravenous Immune Globulin: Medicare Payment and
Availability, found that Medicare reimbursement for IVIG was
inadequate to cover the cost many providers must pay for the
product. During the third quarter of 2006, 44 percent of IVIG
sales to hospitals and 41 percent of sales to physicians by the
three largest distributors occurred at prices above Medicare
payment amounts.
(6) The ASPE report notes that after the new reimbursement
rules for physicians was instituted in 2005, 42 percent of
Medicare beneficiaries who had received their IVIG treatment in
their physician's office at the end of 2004 were shifted to the
hospital outpatient setting by the beginning of 2006. This
shift in site of care has resulted in lack of continuity of
care and adverse impact on health outcomes and quality of life.
(7) The OIG also reported that 61 percent of responding
physicians indicated that they had sent patients to hospitals
for IVIG treatment, largely because of their inability to
purchase IVIG at prices below the Medicare payment amounts. In
addition, OIG found that some physicians had stopped providing
IVIG to Medicare beneficiaries altogether.
(8) The OIG's 2007 report concluded that whatever
improvement some providers saw in the relationship of Medicare
reimbursement for IVIG to prices paid during the first three
quarters of 2006 would be eroded if manufacturers were to
increase prices for IVIG in the future.
(9) The Centers for Medicare & Medicaid Services, in
recognition of dislocations experienced by patients and
providers in obtaining IVIG since the change to the ASP+6
reimbursement methodology, has provided during 2006 and 2007 a
temporary additional payment for IVIG preadministration-related
services to compensate physicians and hospital outpatient
departments for the extra resources they have had to expend in
locating and obtaining appropriate IVIG products and in
scheduling patient infusions.
(10) Approximately 10,000 Medicare beneficiaries receive
IVIG treatment for their primary immunodeficiency disease in a
variety of different settings. They have no other effective
treatment for their condition.
(11) The Medicare Modernization Act of 2003 (MMA)
established an IVIG home infusion benefit for persons with
primary immunodeficiency disease (PIDD), paying only for IVIG
and specifically excluding coverage of items and services
related to administration of the product.
(12) The ASPE report, Analysis of Supply, Distribution,
Demand, and Access Issues Associated with Immune Globulin
Intravenous (IGIV), found that Medicare's IVIG home infusion
benefit is not designed to reimburse for more than the cost of
IVIG and does not cover the cost of infusion services (for
example, nursing and clinical services and supplies) in the
home. As a consequence, the report found that home infusion
providers generally do not accept new PIDD patients with only
Medicare coverage. These limitations in service are caused by
health care providers (A) not being able to acquire IVIG at
prices at or below the Medicare part B reimbursement level, and
(B) not being reimbursed for the infusion services provided by
a nurse.
(13) Access to home infusion of IVIG for PIDD patients, who
have a genetic or intrinsic defect in their human immune
system, will reduce their exposure to infections at a time when
their antibodies are compromised and will improve the quality
of their care and their health.

SEC. 3. MEDICARE PAYMENT FOR IMMUNE GLOBULINS.

(a) In General.--Section 1842(o)(1)(E) of the Social Security Act
(42 U.S.C. 1395u(o)(1)(E)) is amended--
(1) in paragraph (1)(E)(ii), by inserting before the period
the following: '', plus an additional amount (if applicable)
under paragraph (7)'';
(2) in paragraph (7), by striking ''(6)'' and inserting
''(7)'' and by redesignating it as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
''(7)(A) Not later than 6 months after the date of the
enactment of the Medicare IVIG Access Act of 2007, the
Secretary shall--
''(i) collect data on the differences, if any,
between payments to physicians for immune globulins
under paragraph (1)(E)(ii) and costs incurred by
physicians for furnishing these products; and
''(ii) review available data, including survey data
presented by members of the IVIG community on the
access of individuals eligible for services under this
part to immune globulins.
''(B) Upon completion of the review and collection of data
under subparagraph (A), and not later than 7 months after the
date of the enactment of this paragraph, the Secretary shall
provide, if appropriate, to physicians furnishing immune
globulins, a payment, in addition to the payment provided for
in paragraph (1)(E)(ii), for all items related to the
furnishing of immune globulins, in an amount that the Secretary
determines to be appropriate.
''(C) In the case of immune globulins furnished on or after
January 1, 2007, the Secretary shall continue the
preadministration-related services payment established under
the Final Physician Fee Schedule Rule issued by the Centers for
Medicare & Medicaid Services on November 1, 2006 (CMS-1321-FC),
until such time as the Secretary determines that payment for
immune globulins is adequate or until a new payment methodology
is implemented.''.
(b) As Part of Hospital Outpatient Services.--Section 1833(t)(14)
of such Act (42 U.S.C. 1395l(t)(14)) is amended--
(1) in subparagraph (A)(iii), by striking ''subparagraph
(E)'' and inserting ''subparagraphs (E) and (I)''; and
(2) by adding at the end the following new subparagraph:
''(I) Additional payment for immune globulins.--
''(i) Data collection and review.--Not
later than 6 months after the date of the
enactment of the Medicare IVIG Access Act of
2007, the Secretary shall--
''(I) review available data,
including survey data presented by
members of the IVIG community, on the
access of individuals eligible for
services under this part to immune
globulins; and
''(II) collect data on the
differences, if any, between payments
for immune globulins under subparagraph
(A)(iii) and costs incurred for
furnishing these products.
''(ii) Additional payment authority.--Upon
completion of the review and collection of data
under clause (i), and not later than 7 months
after the date of the enactment of this
subparagraph, the Secretary shall provide, if
appropriate, to hospitals furnishing immune
globulins as part of a covered OPD service, a
payment, in addition to the payment provided
for under subparagraph (A)(iii), for all items
related to the furnishing of immune globulins,
in an amount that the Secretary determines to
be appropriate.
''(iii) Continuation of special payment
rule.--In the case of immune globulins
furnished on or after January 1, 2007, the
Secretary shall continue the preadministration-
related services payment established under the
Final Hospital Outpatient Rule issued by the
Centers for Medicare & Medicaid Services
November 1, 2006 (CMS-1506-FC), until such time
as the Secretary determines that payment for
immune globulins is adequate or until a new
payment methodology is implemented.''.

SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE
HOME.

(a) Including Coverage of Administration.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(A) in subsection (s)(2)(Z), by inserting before
the semicolon at the end the following: '', regardless
of whether the individual receiving the globulin is
eligible to receive home health services under this
title''; and
(B) in subsection (zz), by striking ''but not
including items or services related to the
administration of the derivative''.
(2) Conforming home health amendment.--Section 1814(a) of
such Act (42 U.S.C. 1395f(a)) is amended by adding at the end
the following: ''An individual eligible for intravenous immune
globulin under section 1861(s)(2)(Z) shall not be considered
eligible for home health services under paragraph (2)(C) or
section 1835(a)(2)(A) solely on the basis of meeting the
requirements of such subsection or section 1861(zz).''.
(b) Payment for Intravenous Immune Globulin Administration in the
Home.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding
at the end the following new subsection:
''(n) Payment for Intravenous Immune Globulin in the Home.--The
Secretary shall review available published and unpublished data and
information, including the Study of Intravenous Immune Globulin
Administration Options: Safety, Access, and Cost Issues (CMS Contract
#500-95-0059), on confirming the appropriateness of administration of
intravenous immune globulin in the home setting, and (as appropriate)
calculate the amount, in addition to that made under section
1842(o)(1)(E)(ii) for immune globulins, that should be paid to
providers for clinical, compliance, and complication management
services for ensuring safe and efficacious delivery of immune globulins
in the home setting under 1861(s)(2)(Z). The Secretary shall pay such
amounts no later than January 1, 2008.''.
(c) Application of Criminal Record Request Provisions to IVIG In-
Home Providers.--Section 124(i)(1) of the Departments of Commerce,
Justice, State, the Judiciary, and Related Agencies Appropriations Act,
1999 (as contained in section 1(b) of Public Law 105-277; 112 Stat.
2681-74) is amended by adding at the end the following: ''Such term
includes an entity providing intravenous immune globulin under part B
of title XVIII of the Social Security Act in a home.''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to intravenous immune globulin administered on or after
January 1, 2008.

SEC. 5. PATIENT ACCESS SURVEYS AND REPORTS.

(a) Surveys.--The Secretary of Health and Human Services shall
conduct, not later than 3 years after the date of the enactment of this
Act, two surveys of Medicare and non-Medicare patients who need immune
globulins for the purpose of measuring changes in patient access to
those products (and providers furnishing those products), as well as
changes in the health care status of those patients. The Secretary may
enter into contracts with organizations or entities qualified to
conduct such surveys.
(b) Survey Reports.--Each of the surveys shall include a report to
the Secretary and the Committees on Energy and Commerce and Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate on findings from the survey, as well as a discussion of
reasons for observed changes, if any.
(c) Congressional Reports.--On the basis of findings from such
surveys, the Secretary shall submit to Congress reports that include
recommendations on necessary adjustments in payments for immune
globulins under the Medicare program in order to assure beneficiary
access to those products and providers that furnish those products. The
first such report shall be submitted no later than 2 years after the
date of the enactment of this Act and the second report no later than
four years after such date.
answer:
Medicare IVIG Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to collect and review data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products.

Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services.

Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home.

Directs the Secretary to conduct two surveys, for reports to Congress, of Medicare and non-Medicare patients who need immune globulins in order to measure changes in patient access to those products (and providers furnishing them), as well as changes in the health care status of those patients.