II
109th CONGRESS
1st Session
S. 2080
IN THE SENATE OF THE UNITED STATES
December 12, 2005
Mr. Nelson of Florida introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title XVIII of the Social Security Act to prohibit physicians and other health care practitioners from charging a membership or other incidental fee (or requiring purchase of other items or services) as a prerequisite for the provision of an item or service to a medicare beneficiary.
Short title
This Act may be cited as the
Equal Access to Medicare Act of
2005
.
Prohibition of incidental fees and required purchase of noncovered items or services under medicare
In general
Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended by adding at the end the following new subsection:
Prohibition of incidental fees or requiring purchase of noncovered items or services
In general
A physician, practitioner (as described in subsection (b)(18)(C)), or other individual may not—
charge a membership fee or any other incidental fee to a medicare beneficiary (as defined in section 1802(b)(5)(A)); or
require a medicare beneficiary (as so defined) to purchase a noncovered item or service as a prerequisite for the provision of a covered item or service to the beneficiary under this title.
Construction
Nothing in this subsection shall be construed to apply the prohibition under paragraph (1) to a physician, practitioner, or other individual described in such subsection who does not accept any funds under this title.
.
Effective date
The amendment made by subsection (a) shall apply to membership fees and other charges made, or purchases of items and services required, on or after the date of enactment of this Act.