S.Amdt. 1018
What it does: Adds SEC. ____. COLON CANCER SCREENING at the end of title VIWhat it changes
1 change to S. 1 · shown in the bill's text
Adds SEC. ____. COLON CANCER SCREENING at the end of title VI
Adds a sectionIn S. 1 · Reported to Senate
Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking "September 30, 2003" and inserting "September 30, 2013". Amend the title so as to read: "A bill to amend title XVIII of the Social Security Act to provide for a voluntary prescription drug benefit under the medicare program and to strengthen and improve the medicare program, and for other purposes.".
Inserted: SEC. ____. COLON CANCER SCREENING.
Inserted: (a) Sense of Congress.--It is the sense of Congress that--
Inserted: (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;
Inserted: (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;
Inserted: (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;
Inserted: (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--
Inserted: (A) ascertain the medical and family history of the beneficiary; and
Inserted: (B) inform the beneficiary of preparatory steps that must be taken prior to the procedure; and
Inserted: (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.
Inserted: (b) Increase in Reimbursement for Colorectal Cancer Screening and Diagnostic Tests.--
Inserted: (1) In general.--Section 1834(d) (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph:
Inserted: "(4) Enhanced payment for colorectal cancer screening and diagnostic tests.--
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Inserted: "(A) Facility rates.--Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45378, 45380, 45385 and HCPCS codes GO105 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.
Inserted: "(B) Annual adjustments.--In the case of items and services furnished on or after January 1, 2004, the payment rates described in subparagraph (A) shall, subject to the minimum payment amounts established in such subparagraph, be adjusted annually as provided in section 1848.".
Inserted: (2) Effect on part a payments.--The Secretary shall not consider the national minimum payment described in section 1834(d)(4)(A) (42 U.S.C. 1395m(d)(4)(A)), as added by paragraph (1), when determining the hospital outpatient prospective payment system payment amounts under the relevant APC codes for colorectal cancer screening and diagnostic tests.
Inserted: (3) Effective date.--The amendment made by this subsection shall apply to items and services furnished on or after July 1, 2003.
Inserted: (c) 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.--
Inserted: (1) Coverage.--Section 1861(s)(2) (42 U.S.C. 1395x(s)(2)) is amended--
Inserted: (A) in subparagraph (U), by striking "and" at the end;
Inserted: (B) in subparagraph (V), by inserting "and" at the end; and
Inserted: (C) by adding at the end the following new subparagraph:
Inserted: "(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;".
Inserted: (2) Payment.--
Inserted: (A) In general.--Section 1833(a)(1) (42 U.S.C. 1395l(a)(1)) is amended--
Inserted: (i) by striking "and" before "(U)"; and
Inserted: (ii) 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)".
Inserted: (B) Payment under physician fee schedule.--Section 1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is amended by inserting "(2)(W)," after "(2)(S),".
Inserted: (C) Requirement for establishment of payment amount under physician fee schedule.--Section 1834(d) (42 U.S.C. 1395m(d)), as amended by subsection (b), is amended by adding at the end the following new paragraph:
Inserted: "(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.".
Inserted: (D) Frequency limitation.--Section 1862(a)(1) (42 U.S.C. 1395y(a)(1)) is amended--
Inserted: (i) in subparagraph (H), by striking "and" at the end;
Inserted: (ii) in subparagraph (I), by striking the semicolon at the end and inserting ", and"; and
Inserted: (iii) by inserting after subparagraph (I) the following new subparagraph:
Inserted: "(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);".
Inserted: (3) Effective date.--The amendments made by this subsection shall apply to items and services provided on or after July 1, 2003.
Inserted: (d) Waiver of Deductible for Colorectal Cancer Screening Tests.--
Inserted: (1) In general.--The first sentence of section 1833(b) (42 U.S.C. 1395l(b)) is amended--
Inserted: (A) by striking "and" before "(6)"; and
Inserted: (B) 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))".
Inserted: (2) Conforming amendments.--Paragraphs (2)(C)(ii) and (3)(C)(ii) of section 1834(d) (42 U.S.C. 1395m(d)) are each amended--
Inserted: (A) by striking "deductible and" in the heading; and
Inserted: (B) in subclause (I), by striking "deductible or" each place it appears.
Inserted: (3) Effective date.--The amendment made by this subsection shall apply to items and services furnished on or after July 1, 2003.
Original wording
At the end of title VI, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1018. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an amendment intended to be proposed by him to the bill S. 1, to amend title XVIII of the Social Security Act to make improvements in the medicare program, to provide prescription drug coverage under the medicare program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, insert the following:
SEC. ____. COLON CANCER SCREENING.
(a) 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.
(b) Increase in Reimbursement for Colorectal Cancer Screening and Diagnostic Tests.--
(1) In general.--Section 1834(d) (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) Facility rates.--Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45378, 45380, 45385 and HCPCS codes GO105 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.
“(B) Annual adjustments.--In the case of items and services furnished on or after January 1, 2004, the payment rates described in subparagraph (A) shall, subject to the minimum payment amounts established in such subparagraph, be adjusted annually as provided in section 1848.”.
(2) Effect on part a payments.--The Secretary shall not consider the national minimum payment described in section 1834(d)(4)(A) (42 U.S.C. 1395m(d)(4)(A)), as added by paragraph (1), when determining the hospital outpatient prospective payment system payment amounts under the relevant APC codes for colorectal cancer screening and diagnostic tests.
(3) Effective date.--The amendment made by this subsection shall apply to items and services furnished on or after July 1, 2003.
(c) 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.--
(1) Coverage.--Section 1861(s)(2) (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) 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;”.
(2) Payment.--
(A) In general.--Section 1833(a)(1) (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking “and” before “(U)”; and
(ii) 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)”.
(B) Payment under physician fee schedule.--Section 1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is amended by inserting “(2)(W),” after “(2)(S),”.
(C) Requirement for establishment of payment amount under physician fee schedule.--Section 1834(d) (42 U.S.C. 1395m(d)), as amended by subsection (b), 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.”.
(D) Frequency limitation.--Section 1862(a)(1) (42 U.S.C. 1395y(a)(1)) is amended--
(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 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);”.
(3) Effective date.--The amendments made by this subsection shall apply to items and services provided on or after July 1, 2003.
(d) Waiver of Deductible for Colorectal Cancer Screening Tests.--
(1) In general.--The first sentence of section 1833(b) (42 U.S.C. 1395l(b)) is amended--
(A) by striking “and” before “(6)”; and
(B) 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))”.
(2) Conforming amendments.--Paragraphs (2)(C)(ii) and (3)(C)(ii) of section 1834(d) (42 U.S.C. 1395m(d)) are each amended--
(A) by striking “deductible and” in the heading; and
(B) in subclause (I), by striking “deductible or” each place it appears.
(3) Effective date.--The amendment made by this subsection shall apply to items and services furnished on or after July 1, 2003.
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Senate amendment submitted
June 24, 2003