To amend title XVIII of the Social Security Act to expand medicare coverage of certain self-injected biologicals.

February 27, 2003

Mrs. MURRAY (for herself, Ms. CANTWELL, Mr. REED, Ms. COLLINS, Ms. LANDRIEU, Ms. MIKULSKI, and Mr. SMITH) introduced the following bill; which was read twice and referred to the Committee on Finance

To amend title XVIII of the Social Security Act to expand medicare coverage of certain self-injected biologicals.

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 `Access to Innovation for Medicare Patients Act of 2003'.

SEC. 2. MEDICARE COVERAGE OF SELF-INJECTED BIOLOGICALS.

(a) COVERAGE-

(1) IN GENERAL- Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended--

(A) in subparagraph (U), by striking `and' at the end;

(B) in subparagraph (V), by inserting `and' at the end; and

(C) by adding at the end the following new subparagraph:

`(W) a self-injected biological (which is approved by the Food and Drug Administration) that is prescribed as a complete replacement for a drug or biological that would otherwise be described in subparagraph (A) or (B);'.

(2) CONFORMING AMENDMENT- Subparagraphs (A) and (B) of section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) are each amended by inserting `, except for any biological described in subparagraph (W),' after `which'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to biologicals furnished on or after January 1, 2004.

END