[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1214 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1214
To amend title XIX of the Social Security Act to provide public access
to quality medical imaging procedures and radiation therapy procedures.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2003
Mrs. Wilson of New Mexico introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to provide public access
to quality medical imaging procedures and radiation therapy procedures.
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 ``Consumer Assurance of Radiologic
Excellence Act''.
SEC. 2. STATE LICENSES REGARDING PRACTITIONERS OF MEDICAL IMAGING AND
RADIATION THERAPY; LIMITATION ON MEDICAID PAYMENTS FOR
PROCEDURES.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended--
(1) in section 1903(i) (42 U.S.C. 1396b(i))--
(A) in paragraph (20), by striking the period at
the end and inserting ``; or''; and
(B) by inserting after paragraph (20) the following
paragraph:
``(21) with respect to any amount expended on medical
imaging procedures or radiation therapy procedures unless the
State meets the requirements of section 1930A (relating to
State medical radiation licenses).''; and
(2) by inserting after section 1930 the following section:
``state medical radiation licenses
``Sec. 1930A. (a) State Licenses Regarding Medical Imaging and
Radiation Therapy.--For purposes of section 1903(i)(21), a State meets
the requirements of this section if the State demonstrates to the
satisfaction of the Secretary that the law of the State has in effect
the following policies:
``(1) Subject to paragraphs (2) and (3), it is unlawful for
an individual in the State to intentionally administer or plan
medical imaging procedures or radiation therapy procedures to
or for a patient for medical or chiropractic purposes unless
the individual has obtained from the State a license,
certificate, or other document that authorizes the individual
to administer such procedures in the State (referred to in this
section as a `medical radiation license').
``(2) Notwithstanding any other provision of this section,
the State deems an individual as holding a medical radiation
license if the individual is licensed in the State as a doctor
of medicine, osteopathy, dentistry, podiatry, or chiropractic.
``(3) The State requires an individual who administers or
plans medical imaging procedures or radiation therapy
procedures to obtain a medical radiation license from the
State, unless--
``(A) the individual exclusively performs medical
ultrasound or echocardiography; or
``(B) the individual is a student enrolled in an
educational institution or program that is accredited
pursuant to subsection (b)(2)(B) and, as a student,
intentionally administers medical imaging procedures or
radiation therapy procedures for medical or
chiropractic purposes under the supervision of an
individual who holds a medical radiation license
obtained from the State.
``(4) The State does not provide a medical radiation
license to an individual unless the individual meets--
``(A) the criteria established under subsection (b)
by the Secretary; and
``(B) such additional criteria as the State may
establish.
``(b) Issuance by Secretary of Minimum Licensing Criteria.--
``(1) In general.--Not later than 18 months after the date
of the enactment of the Consumer Assurance of Radiologic
Excellence Act, the Secretary shall by regulation issue
criteria that, for purposes of subsection (a)(4)(A), establish
the minimum standards for an individual to obtain a medical
radiation license from a State. In carrying out the preceding
sentence, the Secretary shall--
``(A) establish such standards as the Secretary
determines to be appropriate for ensuring the quality
performance of medical imaging procedures and radiation
therapy procedures; and
``(B) ensure that the standards are at least as
protective of the public health as standards issued
under the Consumer-Patient Radiation Health and Safety
Act of 1981.
``(2) Certain standards.--The Secretary shall ensure that
standards under paragraph (1) are in accordance with the
following:
``(A) The standards shall specify the educational
requirements for an individual to obtain a medical
radiation license, including, if applicable,
requirements regarding practical experience.
``(B) The standards shall provide that an
educational requirement under subparagraph (A) is that
the education involved be provided by an educational
institution or program that is accredited by a
nonprofit private entity recognized by the Secretary
for purposes of this subsection.
``(C) The standards shall specify the criteria that
an entity is required to meet in order to be recognized
by the Secretary as an accrediting entity under
subparagraph (B). Such criteria shall provide that an
entity will not be so recognized unless the entity
establishes accrediting criteria satisfactory to the
Secretary with respect to the quality of educational
institutions and programs in the areas of
administrative policies and procedures, curricula,
recordkeeping, faculty, administrative support, and
such other areas as the Secretary determines to be
appropriate.
``(3) Consultation.--In developing standards under
paragraph (1), the Secretary shall consult with organizations
that are nationally recognized for their expertise in education
and credentialing in medical imaging procedures and radiation
therapy procedures.
``(c) Definitions.--For purposes of this section:
``(1) The term `administer', with respect to medical
imaging procedures or radiation therapy procedures, means--
``(A) the act of directly exposing a patient to
radiation via ionizing or RF radiation for purposes of
medical imaging or for purposes of radiation therapy;
and
``(B) the act of positioning a patient to receive
such an exposure.
``(2) The term `medical imaging procedure' means any
procedure or article, excluding medical ultrasound procedures
or articles, intended for use in the diagnosis of disease or
other medical or chiropractic conditions in humans, including
diagnostic X-rays, nuclear medicine, and magnetic resonance
procedures.
``(3) The term `medical radiation license' has the meaning
indicated for such term in subsection (a)(1).
``(4) The term `plan', with respect to medical imaging
procedures or radiation therapy procedures, means the act of
preparing for the administering of such a procedure to a
patient by evaluating patient-specific or site-specific
information, based on computer analysis or direct measurement
of dose, in order to customize the procedure for the patient
and verifying appropriate dose administrations.
``(5) The term `radiation therapy procedure' means any
radiation procedure or article intended for the cure,
mitigation, or prevention of diseases or disorders in
humans.''.
SEC. 3. APPLICABILITY.
With respect to the condition described in paragraph (21) of
section 1903(i) of the Social Security Act (as inserted by section 2 of
this Act):
(1) Except as provided in paragraph (2), such condition
applies to the States on and after the first day of the first
calendar quarter that begins after the date on which the
Secretary of Health and Human Services promulgates the final
rule under section 1930A(b)(1) of the Social Security Act (as
added by section 2 of this Act).
(2) If the Secretary determines that meeting such condition
requires State legislation (other than legislation
appropriating funds), the condition applies to the State
involved on and after the first day of the first calendar
quarter that begins after the close of the relevant session of
the State legislature. For purposes of the preceding sentence:
(A) The relevant session is the first regular
session of the State legislature that begins after the
date on which such final rule is promulgated by the
Secretary, subject to subparagraph (B).
(B) If the State has a two-year legislative
session, each year of the session is deemed to be a
separate regular session of the State legislature for
purposes of subparagraph (A).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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