Cancer Care Preservation Act of 2004

Cancer Care Preservation Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to allow the average sales price system to go into effect but also to ensure that Medicare payments for cancer drugs do not go below 95 percent of 2004 levels in 2005, and 95 percent of 2005 levels in 2006.

Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 with respect to the transitional adjustment in practice expense relative value units in the physician fee schedule for drug administration services. Extends application of the transition adjustment through December 31, 2006. Increases from three percent to 27 percent during 2005 the applicable percentage of the fee schedule amount that shall be paid to a physician from the Federal Supplementary Medical Insurance Trust Fund. Reduces this applicable percentage during 2006 to 22 percent. (Current law reduces the 32 percent transitional payment for practice expenses in 2004 to 3 percent in 2005 and 0 percent in 2006.)

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5144 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 5144

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           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

_______________________________________________________________________

                                 A BILL


 
 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).
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