To amend title XVIII of the Social Security Act to improve patient access to, and utilization of, the colorectal cancer screening benefit under the medicare program.

March 27, 2003

Mr. Lieberman (for himself, Ms. Collins, Mr. Bunning, Mr. Hollings, Mr. Dayton, Ms. Landrieu, Ms. Stabenow, Mr. Lautenberg, and Mr. Graham of South Carolina) 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 improve patient access to, and utilization of, the colorectal cancer screening benefit under the medicare program.

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 `Colon Cancer Screen for Life Act of 2003'.

SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that--

(1) colorectal cancer screening tests (as defined in section 1861(pp) of the Social Security Act (42 U.S.C. 1395x(pp)) covered under the medicare program have been severely underutilized, with the Comptroller General of the United States reporting in 2000 that since coverage of such tests was implemented, the percentage of beneficiaries under the medicare program receiving either a screening or a diagnostic colonoscopy has increased by only 1 percent;

(2) the Centers for Medicare & Medicaid Services should encourage health care providers to use more effective screening and diagnostic health care technologies in the area of colorectal cancer screening;

(3) in recent years, the Centers for Medicare & Medicaid Services has subjected colorectal cancer screening tests to some of the largest reimbursement reductions under the medicare program;

(4) unlike other preventive screening tests covered under the medicare program, health care providers must consult with beneficiaries prior to furnishing a screening colonoscopy in order to--

(A) ascertain the medical and family history of the beneficiary; and

(B) inform the beneficiary of preparatory steps that must be taken prior to the procedure; and

(5) reimbursement under the medicare program is not currently available for the consultations described in paragraph (4) despite the fact that reimbursement is provided under such program for similar consultations prior to a diagnostic colonoscopy.

SEC. 3. INCREASE IN REIMBURSEMENT FOR COLORECTAL CANCER SCREENING AND DIAGNOSTIC TESTS.

(a) IN GENERAL- Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph:

`(4) ENHANCED PAYMENT FOR COLORECTAL CANCER SCREENING AND DIAGNOSTIC TESTS-

`(A) NONFACILITY RATES- Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45330, 45378, 45380, 45385 and HCPCS codes GO104, GO105, GO106, GO107, GO120, and GO121 for items and services furnished during the last 6 months of 2003 and in subsequent years which reflect a 10 percent increase above the relative value units in effect as the nonfacility rates for such codes on June 30, 2003, with such revised payment level to apply to items and services performed in a nonfacility setting, provided, however, that such setting is consistent with quality care, sound medical judgment, and prevention of potential complications.

`(B) FACILITY RATES- Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45330, 45378, 45380, 45385 and HCPCS codes GO104, GO105, GO106, GO107, GO120, and GO121 for items and services furnished during the last 6 months of 2003 and in subsequent years which reflect a 30 percent increase above the relative value units in effect as the facility rates for such codes on June 30, 2003, with such revised payment level to apply to items and services performed in a facility setting.

`(C) ANNUAL ADJUSTMENTS- In the case of items and services furnished on or after January 1, 2004, the payment rates described in subparagraphs (A) and (B) shall, subject to the minimum payment amounts established in such

subparagraphs, be adjusted annually as provided in section 1848.'.

(b) EFFECTIVE DATE- The amendment made by this section shall apply to items and services furnished on or after July 1, 2003.

SEC. 4. MEDICARE COVERAGE OF OFFICE VISIT OR CONSULTATION PRIOR TO A SCREENING COLONOSCOPY OR IN CONJUNCTION WITH A BENEFICIARY'S DECISION TO OBTAIN SUCH A SCREENING.

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

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

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

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

`(W) an outpatient office visit or consultation for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and sedation of the beneficiary, prior to a colorectal cancer screening test consisting of a screening colonoscopy or in conjunction with the beneficiary's decision to obtain such a screening, regardless of whether such screening is medically indicated with respect to the beneficiary;'.

(b) PAYMENT-

(1) IN GENERAL- Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended--

(A) by striking `and' before `(U)'; and

(B) by inserting before the semicolon at the end the following: `, and (V) with respect to an outpatient office visit or consultation under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1848, except that no payment shall be made for such a visit or consultation if no payment would be made for a colorectal cancer screening test consisting of a screening colonoscopy for the individual furnished on the date of such visit or consultation because of the frequency limits described in section 1834(d)(3)(E)'.

(2) PAYMENT UNDER PHYSICIAN FEE SCHEDULE- Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting `(2)(W),' after `(2)(S),'.

(3) REQUIREMENT FOR ESTABLISHMENT OF PAYMENT AMOUNT UNDER PHYSICIAN FEE SCHEDULE- Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)), as amended by section 3, is amended by adding at the end the following new paragraph:

`(5) PAYMENT FOR OUTPATIENT OFFICE VISIT OR CONSULTATION PRIOR TO SCREENING COLONOSCOPY- With respect to an outpatient office visit or consultation under section 1861(s)(2)(W), payment under section 1848 shall be consistent with the payment amounts for CPT codes 99203 and 99243.'.

(4) FREQUENCY LIMITATION- Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended--

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

(B) in subparagraph (I), by striking the semicolon at the end and inserting `, and'; and

(C) by inserting after subparagraph (I) the following new subparagraph:

`(J) in the case of an outpatient office visit or consultation under section 1861(s)(2)(W), which is performed more frequently that is covered under section 1833(a)(1)(V);'.

(c) EFFECTIVE DATE- The amendments made by this section shall apply to items and services provided on or after July 1, 2003.

SEC. 5. WAIVER OF DEDUCTIBLE FOR COLORECTAL CANCER SCREENING TESTS.

(a) IN GENERAL- The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended--

(1) by striking `and' before `(6)'; and

(2) by inserting before the period at the end the following: `, and (7) such deductible shall not apply with respect to colorectal cancer screening tests (as described in section 1861(pp)(1))'.

(b) CONFORMING AMENDMENTS- Paragraphs (2)(C)(ii) and (3)(C)(ii) of section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are each amended--

(1) by striking `DEDUCTIBLE AND' in the heading; and

(2) in subclause (I), by striking `deductible or' each place it appears.

(c) EFFECTIVE DATE- The amendment made by this section shall apply to items and services furnished on or after July 1, 2003.

END