To amend part B of title XVIII of the Social Security Act to repeal limiting charges under the Medicare Program for non-participating physicians and to preempt State laws that prohibit balance billing.

Amends title XVIII (Medicare) of the Social Security Act to repeal the limitiation on actual charges to a beneficiary under Medicare for services by a nonparticipating physician or nonparticipating supplier or other person who does not accept payment on an assignment-related basis for a physician's service.

Prohibits a state from imposing a limit on the amount of charges, in relation to recognized payment amounts under any health plan or otherwise, a physician may impose for services furnished. Preempts any such limit.

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4736 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4736

  To amend part B of title XVIII of the Social Security Act to repeal 
   limiting charges under the Medicare Program for non-participating 
  physicians and to preempt State laws that prohibit balance billing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2007

  Mr. Feeney introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend part B of title XVIII of the Social Security Act to repeal 
   limiting charges under the Medicare Program for non-participating 
  physicians and to preempt State laws that prohibit balance billing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REMOVAL OF LIMITING CHARGES FOR PHYSICIANS SERVICES UNDER 
              MEDICARE.

    (a) In General.--Sections 1848(g) of the Social Security Act (42 
U.S.C. 1395w-4(g)) is amended--
            (1) in subsection (g), by striking paragraphs (1) and (2); 
        and
            (2) in subsection (h), by striking ``and the maximum amount 
        that may be charged consistent with subsection (g)(2)''.
    (b) Conforming Amendments.--
            (1) Section 1842(b)(3) of such Act (42 U.S.C. 1395u(b)(3)) 
        is amended by striking subparagraph (G).
            (2) Section 1842(h)(7) of such Act (42 U.S.C. 1395u(h)(7)) 
        is amended--
                    (A) by adding ``and'' at the end of subparagraph 
                (B);
                    (B) by striking ``, and'' at the end of 
                subparagraph (C) and inserting a period; and
                    (C) by striking subparagraph (D).
            (3) Section 1852(k)(2)(A) of such Act (42 U.S.C. 1395w-
        22(k)(2)(A)) is amended by striking clause (ii).
    (c) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after the date of the enactment of 
this Act.

SEC. 2. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIANS' 
              SERVICES.

    (a) In General.--No State may impose a limit on the amount of 
charges, in relation to recognized payment amounts under any health 
plan or otherwise, a physician (as defined in section 1861(r)(1) of the 
Social Security Act) may impose for services furnished by the physician 
and any such limit is hereby preempted.
    (b) State.--In this section, the term ``State'' includes the 
District of Columbia, Puerto Rico, the Virgin Islands, Guam, and 
American Samoa.
                                 <all>