To amend title XVIII of the Social Security Act to prohibit physicians and other health care practitioners from charging a membership or other incidental fee (or requiring purchase of other items or services) as a prerequisite for the provision of an item or service to a Medicare beneficiary.

June 11, 2003

Mr. CARDIN (for himself, Mr. WAXMAN, Mr. BROWN of Ohio, Mr. STARK, and Mr. KLECZKA) introduced the following bill; 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

To amend title XVIII of the Social Security Act to prohibit physicians and other health care practitioners from charging a membership or other incidental fee (or requiring purchase of other items or services) as a prerequisite for the provision of an item or service to a Medicare beneficiary.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Medicare Equal Access to Care Act of 2003'.

SEC. 2. PROHIBITION OF INCIDENTAL FEES AND REQUIRED PURCHASE OF NON-COVERED ITEMS OR SERVICES.

(a) IN GENERAL- Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended by adding at the end the following new subsection:

`(u) PROHIBITION OF INCIDENTAL FEES OR REQUIRING PURCHASE OF NON-COVERED ITEMS OR SERVICES-

`(1) IN GENERAL- A physician, practitioner (as described in section 1842(b)(18)(C)), or other individual may not--

`(A) charge a membership fee or any other incidental fee to a medicare beneficiary (as defined in section 1802(b)(5)(A)), or

`(B) require a medicare beneficiary (as so defined) to purchase a non-covered item or service,

as a prerequisite for the provision of a covered item or service to the beneficiary under this title.

`(2) ENFORCEMENT- If a physician, practitioner, or other individual knowingly and willfully charges a fee, or requires purchase of a non-covered item or service, in violation of paragraph (1), the Secretary may apply sanctions against such physician in accordance with subsection (j)(2), except the maximum period of exclusion resulting from the application of this paragraph shall not exceed 2 years.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to membership fees and other charges made, or purchases of items and services required, on or after the date of enactment of this Act.

END