Eliminate Colorectal Cancer Act of 2004
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S3459-3460)
March 31, 2004
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Introduced in Senate
March 31, 2004
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S3459-3460)
March 31, 2004
Floor Debate
6 membersWhat members said about S. 2265 on the floor




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Floor Debate
6 membersWhat members said about S. 2265 on the floor
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Mr. President, it is a privilege to join my colleagues in introducing the Eliminate Colorectal Cancer Act of 2004. I especially commend Senator Roberts for his leadership, assistance, and support on…
Mr. President, it is a privilege to join my colleagues in introducing the Eliminate Colorectal Cancer Act of 2004. I especially commend Senator Roberts for his leadership, assistance, and support on…
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Mr. President, I ask unanimous consent that the following bill, the Eliminate Colorectal Cancer Act, be printed in the Record.
Mr. President, I ask unanimous consent that the following bill, the Eliminate Colorectal Cancer Act, be printed in the Record.
Mr. President, I ask unanimous consent that the bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2265 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2265
To require group and individual health plans to provide coverage for
colorectal cancer screenings.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2004
Mr. Roberts (for himself and Mr. Kennedy) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require group and individual health plans to provide coverage for
colorectal cancer screenings.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Eliminate
Colorectal Cancer Act of 2004''.
(b) Findings.--The Congress finds the following:
(1) Colorectal cancer is the second leading cause of cancer
deaths in the United States for men and women combined.
(2) It is estimated that in 2004, 146,940 new cases of
colorectal cancer will be diagnosed in men and women in the
United States.
(3) Colorectal cancer is expected to kill 56,730
individuals in the United States in 2004.
(4) When colorectal cancer is diagnosed early, at a
localized stage, more than 90 percent of patients survive for 5
years or more. Once the disease has metastasized, 92 percent of
patients die within 5 years. Yet, only 37 percent of colorectal
cancer cases are diagnosed while the disease is still in the
localized stage.
(5) If all men and women age 50 and over practiced regular
colorectal cancer screening, without any new scientific
discoveries, the United States could see up to a 50 to 90
percent reduction in deaths from this disease.
(6) Currently, many private insurance health plans are not
providing coverage for the full range of colorectal cancer
screening tests. Lack of insurance coverage can act as a
barrier to care.
(7) Assuring coverage for the full range of colorectal
cancer tests is an important step in increasing screening rates
for these life saving tests.
SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING.
(a) Group Health Plans.--
(1) Public health service act amendments.--The Public
Health Service Act (42 U.S.C. 201 et seq.) is amended by adding
at the end the following:
``TITLE XXIX--MISCELLANEOUS HEALTH COVERAGE
``SEC. 2901. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) Coverage for Colorectal Cancer Screening.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for colorectal cancer screening
consistent with this subsection to--
``(A) any participant or beneficiary age 50 or
over; and
``(B) any participant or beneficiary under the age
of 50 who is at a high risk for colorectal cancer.
``(2) Definition of high risk.--For purposes of subsection
(a)(1)(B), the term `high risk for colorectal cancer' has the
meaning given such term in section 1861(pp)(2) of the Social
Security Act (42 U.S.C. 1395x(pp)(2)).
``(3) Requirement for screening.--The group health plan or
health insurance issuer shall cover methods of colorectal
cancer screening that--
``(A) are deemed appropriate by a physician (as
defined in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r))) treating the participant or
beneficiary, in consultation with the participant or
beneficiary;
``(B) are--
``(i) described in section 1861(pp)(1) of
the Social Security Act (42 U.S.C.
1395x(pp)(1)) or section 410.37 of title 42,
Code of Federal Regulations; or
``(ii) specified by the Secretary, based
upon the recommendations of appropriate
organizations with special expertise in the
field of colorectal cancer; and
``(C) are performed at a frequency not greater than
that--
``(i) described for such method in section
1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) or section 410.37 of title 42, Code
of Federal Regulations; or
``(ii) specified by the Secretary for such
method, if the Secretary finds, based upon new
scientific knowledge and consistent with the
recommendations of appropriate organizations
with special expertise in the field of
colorectal cancer, that a different frequency
would not adversely affect the effectiveness of
such screening.
``(b) Notice.--A group health plan under this section shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(c) Non-Preemption of More Protective State Law With Respect to
Health Insurance Issuers.--This section shall not be construed to
supersede any provision of State law which establishes, implements, or
continues in effect any standard or requirement solely relating to
health insurance issuers in connection with group health insurance
coverage that provides greater protections to participants and
beneficiaries than the protections provided under this section.
``(d) Definitions and Enforcement.--The definitions and enforcement
provisions of title XXVII shall apply for purposes of this section.''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185 et seq.) is amended by
adding at the end the following new section:
``SEC. 714. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) Coverage for Colorectal Cancer Screening.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for colorectal cancer screening
consistent with this subsection to--
``(A) any participant or beneficiary age 50 or
over; and
``(B) any participant or beneficiary under the age
of 50 who is at a high risk for colorectal cancer.
``(2) Definition of high risk.--For purposes of subsection
(a)(1)(B), the term `high risk for colorectal cancer' has the
meaning given such term in section 1861(pp)(2) of the Social
Security Act (42 U.S.C. 1395x(pp)(2)).
``(3) Requirement for screening.--The group health plan or
health insurance issuer shall cover methods of colorectal
cancer screening that--
``(A) are deemed appropriate by a physician (as
defined in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r))) treating the participant or
beneficiary, in consultation with the participant or
beneficiary;
``(B) are--
``(i) described in section 1861(pp)(1) of
the Social Security Act (42 U.S.C.
1395x(pp)(1)) or section 410.37 of title 42,
Code of Federal Regulations; or
``(ii) specified by the Secretary, based
upon the recommendations of appropriate
organizations with special expertise in the
field of colorectal cancer; and
``(C) are performed at a frequency not greater than
that--
``(i) described for such method in section
1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) or section 410.37 of title 42, Code
of Federal Regulations; or
``(ii) specified by the Secretary for such
method, if the Secretary finds, based upon new
scientific knowledge and consistent with the
recommendations of appropriate organizations
with special expertise in the field of
colorectal cancer, that a different frequency
would not adversely affect the effectiveness of
such screening.
``(b) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a), for
purposes of assuring notice of such requirements under the plan; except
that the summary description required to be provided under the third to
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Technical and conforming amendments.--
(i) Section 731(c) of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1191(c)) is amended by striking
``section 711'' and inserting ``sections 711
and 714''.
(ii) Section 732(a) of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1191a(a)) is amended by striking
``section 711'' and inserting ``sections 711
and 714''.
(iii) The table of contents in section 1 of
the Employee Retirement Income Security Act of
1974 is amended by inserting after the item
relating to section 713 the following new item:
``Sec. 714. Coverage for colorectal cancer screening.''.
(b) Individual Health Insurance.--
(1) In general.--Part B of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-41 et seq.) is amended by
inserting after section 2752 the following new section:
``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) In General.--The provisions of section 2901(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as it applies to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Technical amendment.--Section 2762(b)(2) of the Public
Health Service Act (42 U.S.C. 300gg-62(b)(2)) is amended by
striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--
(1) Group health plans.--The amendments made by subsection
(a) shall apply with respect to group health plans for plan
years beginning on or after January 1, 2005.
(2) Individual health insurance.--The amendments made by
subsection (b) shall apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after January 1, 2005.
(d) Coordinated Regulations.--The Secretary of Labor and the
Secretary of Health and Human Services shall ensure, through the
execution of an interagency memorandum of understanding among such
Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which both
Secretaries have responsibility under the provisions of this
section (and the amendments made thereby) are administered so
as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
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