To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of certain tests to screen for ovarian cancer upon certification by the Director of the National Institutes of Health that such tests are effective.

March 7, 2002

Mr. ISRAEL 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 provide for coverage under the Medicare Program of certain tests to screen for ovarian cancer upon certification by the Director of the National Institutes of Health that such tests are effective.

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 `Protect Our Women From Ovarian Cancer Act of 2002'.

SEC. 2. FINDINGS.

(1) Ovarian cancer is a serious and underrecognized threat to women's health.

(2) Ovarian cancer, the deadliest of the gynecologic cancers, is the fourth leading cause of cancer death among women in the United States.

(3) Ovarian cancer occurs in 1 out of 57 women in the United States.

(4) Approximately 50 percent of the women in the United States diagnosed with ovarian cancer die as a result of the cancer within 5 years; among African-American women, only about 48 percent survive 5 years or more.

(5) Ovarian cancer is readily treatable when it is detected in the beginning stages before it has spread beyond the ovaries, but the vast majority of cases are not diagnosed until the advanced stages when the cancer has spread beyond the ovaries.

(6) In cases where ovarian cancer is detected in the beginning stages, more than 90 percent of women survive longer than 5 years.

(7) Only 25 percent of ovarian cancer cases in the United States are diagnosed in the beginning stages.

(8) In cases where ovarian cancer is diagnosed in the advanced stages, the chance of 5-year survival is only about 25 percent.

(9) Ovarian cancer may be difficult to diagnose because symptoms are easily confused with other diseases and because there is no reliable, easy-to-administer screening tool.

SEC. 3. MEDICARE PREVENTIVE BENEFIT EXPANSION TO INCLUDE CERTAIN SCREENING TESTS FOR OVARIAN CANCER.

(a) IN GENERAL-

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

(A) in subsection (s)(2)--

(i) by striking `and' at the end of subparagraphs (U);

(ii) by adding `and' at the end of subparagraph (V); and

(iii) by inserting after subparagraph (V) the following new subparagraph:

`(W) qualified ovarian cancer screening tests (as defined in subsection (ww)); and'; and

(2) by adding at the end the following new subsection:

`Qualified Ovarian Cancer Screening Tests

`(ww)(1) The term `qualified ovarian cancer screening test' means a test that consists of any (or all) of the procedures described in paragraph (2) provided for the purpose of early detection of ovarian cancer to a woman over 50 years of age who has not had such a test during the preceding year.

`(2) The procedures described in this paragraph are as follows:

`(A) A proteomic pattern blood test to identify ovarian cancer.

`(B) Such other procedures as the Secretary finds appropriate for the purpose of early detection of ovarian cancer, taking into account changes in technology and standards of medical practice, availability, effectiveness, costs, and such other factors as the Secretary considers appropriate.'.

(2) PAYMENT FOR PROTEOMIC PATTERN BLOOD TEST UNDER CLINICAL DIAGNOSTIC LABORATORY TEST FEE SCHEDULES-

(A) IN GENERAL- Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by inserting after `(including prostate cancer screening tests under section 1861(oo) consisting of prostate-specific antigen blood tests' the following: `, and including ovarian cancer screening tests under section 1861(ww)(2)(A) consisting of proteomic pattern blood tests'.

(B) PAYMENT RATE- Section 1833(h)(7) of such Act (42 U.S.C. 1395l(h)(7) is amended by inserting after `a primary screening method for detection of cervical cancer)' the following: `and qualified ovarian cancer screening tests under section 1861(ww)(2)(A)'.

(3) CONFORMING AMENDMENTS- Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--

(A) in paragraph (1)--

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

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

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

`(J) in the case of qualified ovarian cancer screening tests (as defined in section 1861(ww)), which are performed more frequently than is covered under such section;'; and

(B) in paragraph (7), by striking `or (H)' and inserting `(H), or (J)'.

(b) CONTINGENT EFFECTIVE DATE- (1) The amendments made subsection (a) shall become effective (if at all) in accordance with paragraph (2).

(2)(A) The Secretary of Health and Human Services shall submit to Congress the report required under section 4(b) containing the results of the evaluation conducted under section 4(a) analyzing the effectiveness of using proteomic patterns in blood serum to identify ovarian cancer, including the effectiveness of so using proteomic patterns in combination with other screening methods for ovarian cancer.

(B) The amendments made by subsection (a) shall become effective, on the date that is the first day of the first calendar quarter that begins after the Secretary submits the report referred to in subparagraph (A), unless the Secretary includes in that report a finding that use of such technique is not sufficiently effective, reliable, or cost effective for use in detecting ovarian cancer in medicare beneficiaries.

SEC. 4. RESEARCH AND REPORT ON EFFECTIVENESS OF USE OF PROTEOMIC PATTERNS IN IDENTIFYING OVARIAN CANCER.

(a) RESEARCH- The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct or support research on the effectiveness of the medical screening technique of using proteomic patterns in blood serum to identify ovarian cancer, including the effectiveness of so using proteomic patterns in combination with other screening methods for ovarian cancer.

(b) REPORT- The Secretary shall submit to Congress a report on the research conducted under subsection (a), and shall include an evaluation of such research that analyses the effectiveness of such medical screening technique.

END