S.Amdt. 3047Senate111th Congress (2009-2011)2nd degree

S.Amdt. 3047

Submitted December 8, 2009

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Senate amendment submitted

December 8, 2009

Text

Submitted

SA 3047. Mr. KERRY (for himself, Mr. Wyden, Mr. Whitehouse, Mr. Reed)
submitted an amendment intended to be proposed to amendment SA 2786
proposed by Mr. Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr.
Harkin) to the bill H.R. 3590, to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case of members
of the Armed Forces and certain other Federal employees, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. MEDICARE PATIENT IVIG ACCESS DEMONSTRATION PROJECT.

(a) Establishment.--The Secretary shall establish and
implement a demonstration project under title XVIII of the
Social Security Act to evaluate the benefits of providing
payment for items and services needed for the administration,
within the homes of Medicare beneficiaries, of intravenous
immune globin for the treatment of primary immune deficiency
diseases.
(b) Duration and Scope.--
(1) Duration.--Beginning not later than January 1, 2011,
the Secretary shall conduct the demonstration project for a
period of 3 years.
(2) Scope.--The Secretary shall enroll not greater than
4,000 Medicare beneficiaries who have been diagnosed with
primary immunodeficiency disease for participation in the
demonstration project. A Medicare beneficiary may participate
in the demonstration project on a voluntary basis and may
terminate participation at any time.
(c) Reimbursement.--The Secretary shall establish an hourly
rate for payment for items and services needed for the
administration of intravenous immune globin based on the low-
utilization payment adjustment under the prospective payment
system for home health services established under section
1895 of the Social Security Act (42 U.S.C. 1395fff).
(d) Study and Report to Congress.--
(1) Interim evaluation and report.--Not later than 24
months after the date of enactment of this Act, the Secretary
shall submit to Congress a report that contains the
following:
(A) An interim evaluation of the impact of the
demonstration project on access for Medicare beneficiaries to
items and services needed for the administration of
intravenous immune globin within the home.
(B) An analysis of the appropriateness of implementing a
new methodology for payment for intravenous immune globulins
in all care settings under part B of title XVIII of the
Social Security Act (42 U.S.C. 1395k et seq.).
(C) An analysis of the feasability of reducing the lag time
with respect to data used to determine the average sales
price under section 1847A of the Social Security Act (42
U.S.C. 1395w-3a).
(D) An update to the report entitled ``Analysis of Supply,
Distribution, Demand, and Access Issues Associated with
Immune Globulin Intravenous (IGIV)'', issued in February 2007
by the Office of the Assistant Secretary for Planning and
Evaluation of the Department of Health and Human Services.
(2) Final evaluation and report.--Not later than July 1,
2014, the Secretary shall submit to Congress a report that
contains a final evaluation of the impact of the
demonstration project on access for Medicare beneficiaries to
items and services needed for the administration of
intravenous immune globin within the home.
(e) Offset.--
(1) In general.--Section 1861(n) of the Social Security Act
(42 U.S.C. 1395x(n)) is amended by adding at the end the
following: ``Such term includes disposable drug delivery
systems, including elastomeric infusion pumps, for the
treatment of colorectal cancer.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to items furnished on or after the date of
enactment of this Act.
(f) Definitions.--In this section:
(1) Demonstration project.--The term ``demonstration
project'' means the demonstration project conducted under
this section.
(2) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual who is entitled to, or
enrolled for, benefits under part A of title XVIII of the
Social Security Act or enrolled for benefits under part B of
such title.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
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