Physician Pathology Services Continuity Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services, with regard to a laboratory-furnished technical component of certain physician pathology services, to treat such component as a service for which payment shall be made to the laboratory, and not as an inpatient hospital or hospital outpatient service for which payment is made to the hospital.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2534 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2534
To amend title XVIII of the Social Security Act to provide for the
treatment of certain physician pathology services under the Medicare
Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2009
Mr. Tanner 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 title XVIII of the Social Security Act to provide for the
treatment of certain physician pathology services under the Medicare
Program.
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 ``Physician Pathology Services
Continuity Act of 2009''.
SEC. 2. PERMANENT TREATMENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES
UNDER MEDICARE.
Section 1848(i) of the Social Security Act (42 U.S.C. 1395w-4(i))
is amended by adding at the end the following new paragraph:
``(4) Treatment of certain physician pathology services.--
``(A) In general.--With respect to services
furnished on or after January 1, 2010, if an
independent laboratory furnishes the technical
component of a physician pathology service to a fee-
for-service medicare beneficiary who is an inpatient or
outpatient of a covered hospital, the Secretary shall
treat such component as a service for which payment
shall be made to the laboratory under this section and
not as an inpatient hospital service for which payment
is made to the hospital under section 1886(d) or as a
hospital outpatient service for which payment is made
to the hospital under section 1833(t).
``(B) Definitions.--In this paragraph:
``(i) Covered hospital.--
``(I) In general.--The term
`covered hospital' means, with respect
to an inpatient or outpatient, a
hospital that had an arrangement with
an independent laboratory that was in
effect as of July 22, 1999, under which
a laboratory furnished the technical
component of physician pathology
services to fee-for-service medicare
beneficiaries who were hospital
inpatients or outpatients,
respectively, and submitted claims for
payment for such component to a carrier
with a contract under section 1842 and
not to the hospital.
``(II) Change in ownership does not
affect determination.--A change in
ownership with respect to a hospital on
or after the date referred to in
subclause (I) shall not affect the
determination of whether such hospital
is a covered hospital for purposes of
such subclause.
``(ii) Fee-for-service medicare
beneficiary.--The term `fee-for-service
medicare beneficiary' means an individual who
is entitled to (or enrolled for) benefits under
part A, or enrolled under this part, or both,
but who is not enrolled in any of the
following:
``(I) A Medicare Advantage plan
under part C.
``(II) A plan offered by an
eligible organization under section
1876.
``(III) A program of all-inclusive
care for the elderly (PACE) under
section 1894.
``(IV) A social health maintenance
organization (SHMO) demonstration
project established under section
4018(b) of the Omnibus Budget
Reconciliation Act of 1987 (Public Law
100-203).
``(C) Reference.--For the treatment of certain
physician pathology services furnished prior to January
1, 2010, see section 542 of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000,
as extended by--
``(i) Centers for Medicare & Medicaid
Services (CMS) Program Memorandum for Carriers
(transmittal B-03-001), issued January 17,
2003;
``(ii) CMS Manual System, Publication 100-
20 One-Time Notification (transmittal 34),
issued December 24, 2003;
``(iii) section 732 of the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003;
``(iv) section 104 of division B of the Tax
Relief and Health Care Act of 2006;
``(v) section 104 of the Medicare,
Medicaid, and SCHIP Extension Act of 2007; and
``(vi) section 136 of the Medicare
Improvements for Patients and Providers Act of
2008,''.
<all>
Introduced in House
Introduced in House
Referred to House Energy and Commerce
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.
Referred to House Ways and Means
Referred to the Subcommittee on Health.
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