Part 1. Definition
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Part 2. Example
SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Answer: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Part 3. Exercise
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medicare Patient Access to
Preventive and Diagnostic Tests Act of 2003''.

SEC. 2. CODING AND PAYMENT PROCEDURES FOR NEW CLINICAL DIAGNOSTIC
LABORATORY TESTS UNDER MEDICARE.

(a) Determining Payment Basis for New Lab Tests.--Section 1833(h)
of the Social Security Act (42 U.S.C. 1395l(h)) is amended by adding at
the end the following:
''(9)(A) The Secretary shall establish procedures for
determining the basis for, and amount of, payment under this
subsection for any clinical diagnostic laboratory test with
respect to which a new or substantially revised HCPCS code is
assigned on or after January 1, 2004 (hereinafter in this
paragraph and paragraph (10) referred to as 'new tests'). Such
procedures shall provide that--
''(i) the payment amount for such a test will be
established only on--
''(I) the basis described in paragraph
(10)(A); or
''(II) the basis described in paragraph
(10)(B); and
''(ii) the Secretary will determine whether the
payment amount for such a test is established on the
basis described in paragraph (10)(A) or the basis
described in paragraph (10)(B) only after the process
described in subparagraph (B) has been completed with
respect to such test.
''(B) Determinations under subparagraph (A)(ii) shall be
made only after the Secretary--
''(i) makes available to the public (through an
Internet site and other appropriate mechanisms) a list
that includes any such test for which establishment of
a payment amount under paragraph (10) is being
considered for a year;
''(ii) on the same day such list is made available,
causes to have published in the Federal Register notice
of a meeting to receive comments and recommendations
(including the data upon which such recommendations are
based) from the public on the appropriate basis under
paragraph (10) for establishing payment amounts for the
tests on such list;
''(iii) not less than 30 days after publication of
such notice, convenes a meeting to receive such
comments and recommendations, with such meeting--
''(I) including representatives of all
entities within the Centers for Medicare &
Medicaid Services (hereinafter in this
paragraph referred to as 'CMS') that will
be involved in determining the basis on which payment amounts will be
established for such tests under paragraph (10) and implementing such
determinations;
''(II) encouraging the participation of
interested parties, including beneficiaries,
device manufacturers, clinical laboratories,
laboratory professionals, pathologists, and
prescribing physicians, through outreach
activities; and
''(III) affording opportunities for
interactive dialogue between representatives of
CMS and the public; and
''(iv) taking into account the comments and
recommendations received at such meeting, develops and
makes available to the public (through an Internet site
and other appropriate mechanisms) a list of proposed
determinations with respect to the appropriate basis
for establishing a payment amount under paragraph (10)
for each such code, together with an explanation of the
reasons for each such determination, and the data on
which the determination is based.
The Secretary may convene such further public meetings to
receive public comment on payment amounts for new tests under
this subsection as the Secretary determines appropriate.
''(C) Under the procedures established pursuant to
subparagraph (A), the Secretary shall--
''(i) identify the rules and assumptions to be
applied by the Secretary in considering and making
determinations of whether the payment amount for a new
test should be established on the basis described in
paragraph (10)(A) or the basis described in paragraph
(10)(B);
''(ii) make available to the public the data (other
than proprietary data) considered in making such
determinations; and
''(iii) provide for a mechanism under which--
''(I) an interested party may request an
administrative review of an adverse
determination;
''(II) upon the request of an interested
party, an administrative review is conducted
with respect to an adverse determination; and
''(III) such determination is revised, as
necessary, to reflect the results of such
review.
''(D) For purposes of this paragraph and paragraph
(10)--
''(i) the term 'HCPCS' refers to the
Healthcare Common Procedure Coding System; and
''(ii) a code shall be considered to be
'substantially revised' if there is a
substantive change to the definition of the
test or procedure to which the code applies
(such as a new analyte or a new methodology for
measuring an existing analyte-specific test).
''(10)(A) Notwithstanding paragraphs (1), (2), and (4), if
a new test is clinically similar to a test for which a fee
schedule amount has been established under paragraph (5), the Secretary
shall pay the same fee schedule amount for the new test. In determining
whether tests are clinically similar for purposes of this paragraph,
the Secretary may not take into account economic factors.
''(B)(i) Notwithstanding paragraphs (1), (2), (4), and (5),
if a new test is not clinically similar to a test for which a
fee schedule has been established under paragraph (5), payment
under this subsection for such test shall be made on the basis
of the lesser of--
''(I) the actual charge for the test; or
''(II) an amount equal to 60 percent (or in the
case of a test performed by a qualified hospital (as
defined in paragraph (1)(D)) for outpatients of such
hospital, 62 percent) of the prevailing charge level
determined pursuant to the third and fourth sentences
of section 1842(b)(3) for the test for a locality or
area for the year (determined without regard to the
year referred to in paragraph (2)(A)(i), or any
national limitation amount under paragraph (4)(B), and
adjusted annually by the percentage increase or
decrease under paragraph (2)(A)(i));
until the beginning of the third full calendar year that begins
on or after the date on which an HCPCS code is first assigned
with respect to such test, or, if later, the beginning of the
first calendar year that begins on or after the date on which
the Secretary determines that there are sufficient claims data
to establish a fee schedule amount pursuant to clause (ii).
''(ii) Notwithstanding paragraphs (2) and (4), and (5), the
fee schedule amount for a clinical diagnostic laboratory test
described in clause (i) that is performed--
''(I) during the first calendar year after clause
(i) ceases to apply to such test, shall be an amount
equal to the national limitation amount that the
Secretary determines (consistent with clause (iii))
would have applied to such test under paragraph
(4)(B)(viii) during the preceding calendar year,
adjusted by the percentage increase or decrease
determined under paragraph (2)(A)(i) for such first
calendar year; and
''(II) during a subsequent year, is the fee
schedule amount determined under this clause for the
preceding year, adjusted by the percentage increase or
decrease that applies under paragraph (5)(A) for such
year.
''(iii) For purposes of clause (ii)(I), the national
limitation amount for a test shall be set at 100 percent of the
median of the payment amounts determined under clause (ii)(I)
for all payment localities or areas for the last calendar year
for which payment for such test was determined under clause
(i).
''(iv) Nothing in clause (ii) shall be construed as
prohibiting the Secretary from applying (or authorizing the
application of) the comparability provisions of the first
sentence of such section 1842(b)(3) with respect to amounts
determined under such clause.''.
(b) Establishment of National Fee Schedule Amounts.--
(1) In general.--Section 1833(h) of the Social Security
Act, as amended by subsection (a), is further amended--
(A) in paragraph (2), by striking ''paragraph (4)''
and inserting in lieu thereof ''paragraphs (4), (5),
and (10)'';
(B) in paragraph (4)(B)(viii), by inserting ''and
before January 1, 2004,'' after ''December 31, 1997,'';
(C) by redesignating paragraphs (5), (6), and (7),
as paragraphs (6), (7), and (8), respectively; and
(D) by inserting after paragraph (4) the following:
''(5) Notwithstanding paragraphs (2) and (4), the Secretary
shall set the fee schedule amount for a test (other than a test
to which paragraph (10)(B)) applies) at--
''(A) for tests performed during 2004, an amount
equal to the national limitation amount for that test
for 2003, and adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year; and
''(B) for tests performed during a year after 2004,
the amount determined under this subparagraph for the
preceding year, adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year.''.
(2) Conforming changes.--Section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended--
(A) in paragraph (1)(D)(i), by striking ''the
limitation amount for that test determined under
subsection (h)(4)(B),''; and
(B) in paragraph (2)(D)(i), by striking ''the
limitation amount for that test determined under
subsection (h)(4)(B),''.
(c) Mechanism for Review of Adequacy of Payment Amounts.--Section
1833(h) of the Social Security Act, as amended by subsections (a) and
(b), is further amended by adding at the end the following:
''(11) The Secretary shall establish a mechanism under
which--
''(A) an interested party may request a timely
review of the adequacy of the existing payment amount
under this subsection fee for a particular test; and
''(B) upon the receipt of such a request, a timely
review is carried out.''.
(d) Prohibition on Assignment of Certain New Codes.--The Secretary
may not assign a code for a new clinical diagnostic laboratory test
that differs from the code recommended by the American Medical
Association Common Procedure Terminology Editorial Panel and results in
lower payment than would be made if the Secretary accepted such
recommendation solely on the basis that the test is a test that may be
performed by a laboratory with a certificate of waiver under section
353(d)(2) of the Public Health Service Act (42 U.S.C. 263a(d)(2)).
(e) Prohibition on Application of Least Costly Alternative to Fee
Schedule.--Section 1833(h) of the Social Security Act, as amended by
subsections (a), (b), and (c), is further amended by adding at the end
the following:
''(12) Notwithstanding any other provision of this title,
the Secretary may not substitute for the fee schedule amount
otherwise established under this subsection for a test a least
costly alternative fee schedule amount for the test.''.
(f) Effective Dates.--
(1) In general.--The Secretary of Health and Human Services
shall establish the procedures required to implement paragraphs
(9), (10), and (11) of section 1833(h) of the Social Security
Act (42 U.S.C. 1395l(h)), as added by this section, by not
later than October 1, 2003.
(2) Prohibitions.--(A) Subsection (d) shall apply to code
assignment determinations made on or after the date of the
enactment of this Act.
(B) The amendment made by subsection (e) shall apply to
tests furnished on or after the date of the enactment of this
Act without regard to whether a determination to substitute a
least costly alternative fee schedule amount for a test was
made before, on, or after such date.
Answer:
Medicare Patient Access to Preventive and Diagnostic Tests Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish procedures for determining the basis for, and amount of, Medicare payment for any clinical diagnostic laboratory test with respect to which a new or substantially revised Health Care Financing Administration Common Procedure Coding System (HCPCS) code is assigned on or after January 1, 2004; (2) set the national fee schedule amounts for tests performed; and (3) establish a mechanism for review of the adequacy of payment amounts for a particular test.Prohibits the Secretary from: (1) assigning a code for a new clinical diagnostic laboratory test that differs from the code recommended by the American Medical Association Common Procedure Terminology Editorial Panel and results in lower payment than would be made if the Secretary accepted such recommendation solely on the basis that the test is a test that may be performed by a laboratory with a certificate of waiver under the Public Health Service Act; or (2) substituting for the fee schedule amount otherwise established under the Act for a test a least costly alternative fee schedule amount.