To amend title XVIII of the Social Security Act to preserve access to cancer care under the Medicare Program.

September 23, 2004

Mr. NORWOOD (for himself, Mrs. CAPPS, Mr. BURNS, Mr. BURTON of Indiana, Mr. FRANK of Massachusetts, Mr. FROST, Mr. HALL, Mr. HOEFFEL, Mr. OWENS, Mr. SANDLIN, Mr. TERRY, Mr. WALSH, and Mr. WELDON of Florida) 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 preserve access to cancer care 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 `Cancer Care Preservation Act of 2004'.

SEC. 2. ESTABLISHMENT OF MINIMUM PAYMENT AMOUNTS FOR ONCOLOGY DRUGS FURNISHED TO MEDICARE BENEFICIARIES.

(a) IN GENERAL- Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a), as added by section 303(c)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2239), is amended--

(1) in subsection (b)(1), by striking `Subject to subsections (d)(3)(C) and (e)' and inserting `Subject to subsections (d)(3)(C), (e), and (g)';

(2) by redesignating subsection (g) as subsection (h); and

(3) by inserting after subsection (f) the following new subsection:

`(g) ALTERNATIVE MINIMUM PAYMENT AMOUNT FOR ONCOLOGY DRUGS-

`(1) IN GENERAL- In no case may the amount of payment determined under this section for the billing and payment code for a drug or biological (based on a minimum dosage unit) for an oncology drug furnished in 2005 or 2006 be less than 95 percent of such amount of payment for that oncology drug furnished in the preceding year.

`(2) ESTABLISHMENT OF CODE- The Secretary shall make such modifications to billing and payment codes, including the establishment of a temporary billing and payment code, to carry out this subsection.'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect as if included in the enactment of section 301(c)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2239).

SEC. 3. ESTABLISHMENT OF MINIMUM PAYMENT AMOUNTS FOR DRUG ADMINISTRATION SERVICES.

(a) IN GENERAL- Section 303(a)(4) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2237) is amended--

(1) in subparagraph (A), by striking `and before January 1, 2006,' and inserting `and before January 1, 2007,'; and

(2) in subparagraph (B)--

(A) by striking `and' at the end of clause (i);

(B) in clause (ii), by striking `3 percent.' and inserting `27 percent; and'; and

(C) by inserting after clause (ii) the following new clause:

`(iii) during 2006, is 22 percent.'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply as if included in the enactment of section 303(a)(4) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2237).

END