Medicare Cancer Patient Database and Coverage Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to collect additional data necessary to update existing databases regarding individuals with cancer in order to provide for accurate information on the number of such individuals, the types and stages of cancer, and the efficacy of different treatments for the types and stages of cancer
Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to entitle uninsured, initial cancer patients to Medicare coverage.
Directs the Secretary to provide for an educational and outreach campaign that will encourage individuals to be tested for cancer at the earliest time for which such testing may be useful in detecting the presence of cancer, based upon cancer screening recommendations of the United States Preventive Services Task Force.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3095 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3095
To improve the information in databases for individuals with cancer in
the United States and to amend the Social Security Act to provide
increased coverage for uninsured individuals upon first diagnosis of
cancer.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2009
Mr. Griffith 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 improve the information in databases for individuals with cancer in
the United States and to amend the Social Security Act to provide
increased coverage for uninsured individuals upon first diagnosis of
cancer.
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 ``Medicare Cancer
Patient Database and Coverage Act of 2009''.
(b) Findings.--Congress finds the following:
(1) Each year, more than 1.4 million Americans receive a
cancer diagnosis, and more than 11 million Americans are
currently living with cancer.
(2) Newly diagnosed cancer patients need access to quality
health care from the time of diagnosis to ensure the best
possible outcome, and those entering the period of survivorship
require active monitoring and follow-up care related to effects
of cancer treatment and possible second cancers.
(3) More than 47 million Americans have no health
insurance, and this number includes many who will be diagnosed
with cancer this year.
(4) Among the non-elderly who receive a cancer diagnosis,
more than 10 percent are uninsured, and among minority
populations the percentage of uninsured cancer patients is
higher.
(5) Those with no insurance receive less cancer care and
receive it later: they have lower rates of cancer screening,
experience delays in follow-up after abnormal test results, and
are diagnosed at a more advanced stage of disease.
(6) Uninsured cancer patients receive less care than the
insured, and they may face substantial medical expenses leading
to bankruptcy.
(7) Young adults have worse cancer outcomes than young
children or older adults; experts believe part of the
discrepancy in cancer outcomes can be attributed to the fact
this population is less likely to be insured than others.
(8) The Medicare program is a source of medical insurance
for more than half of all cancer patients.
(9) The Medicare program eliminates financial barriers to
care for its beneficiaries and provides quality care to cancer
patients.
(10) Access to care, better cancer outcomes, and protection
from devastating out-of-pocket medical expenses could be
assured to cancer patients by providing all diagnosed with
cancer the opportunity to enroll in Medicare.
SEC. 2. IMPROVING CANCER DATABASE.
(a) In General.--The Secretary of Health and Human Services shall
collect such additional data as may be necessary to update existing
databases that contain data regarding individuals with cancer in the
United States in order to provide for accurate information of the
number of such individuals, the types and stages of cancer, and the
efficacy of different treatments for the types and stages of cancer.
(b) Data.--The database under subsection (a) shall include
information to monitor an individual's full experience with cancer
based upon the stage of the cancer, from the initial diagnosis to early
and continued treatment until elimination of evidence of cancer or
death.
(c) Increased Funding.--There are authorized to be appropriated to
the National Cancer Institute and the National Institutes of Health
such additional funding as may be necessary to apply the information in
the database for improved research and treatment of cancer, including
providing physicians with timely information on outcomes to improve the
treatment of cancer and to promote increased quality care.
SEC. 3. MEDICARE COVERAGE FOR UNINSURED CANCER PATIENTS.
(a) In General.--Title II of the Social Security Act is amended by
inserting after section 226A the following new section:
``special provisions relating to coverage under the medicare program
for cancer for uninsured, initial cancer patients
``Sec. 226B. (a) In General.--In accordance with the succeeding
provisions of this section, every individual shall be entitled to
benefits under part A, and eligible to enroll under parts B, C and D,
of title XVIII, subject to the deductible, premium and coinsurance
provisions of such title if the individual--
``(1) is medically determined to have an initial cancer;
``(2) is lawfully residing in the United States;
``(3) has not attained the age of 65 but would otherwise be
entitled under section 226(a) to hospital benefits under part A of
title XVIII;
``(4) is not covered by creditable coverage (as defined in
subsection (e)); and
``(5) has filed an application for benefits under this section.
``(b) Initiation and Duration of Benefits.--The period of
entitlement and eligibility described in subsection (a)--
``(1) shall begin on the first day of the first month
following the date of the medical determination of cancer
referred to in subsection (a)(1) (but no earlier than the month
preceding the month of the filing of an application for
benefits under this section); and
``(2) shall end on the date the individual becomes
otherwise entitled to benefits under part A of title XVIII
under section 226 or, if earlier, is covered under creditable
coverage.
``(c) Procedures.--
``(1) The Secretary shall ensure that processes are
established to prevent unnecessary delays in enrolling
individuals with cancer under this section. Individuals shall
be enrolled on a timely basis upon the filing of an application
described in subsection (a)(4) that includes evidence of an
initial cancer diagnosis and an attestation that the individual
satisfies the requirements of paragraphs (2) and (3) of
subsection (a).
``(2) The Secretary shall develop educational practices to
help ensure that individuals enrolling under this section
satisfy the criteria established under subsection (a) and shall
implement post-enrollment procedures for identifying
individuals who do not satisfy such criteria.
``(3) The Secretary shall implement procedures to ensure
that the benefits available under this section are not used as
a substitute for health benefits that employers or individuals
could otherwise provide, obtain, or maintain, and the Secretary
shall report to Congress by the end of each fiscal year on the
effectiveness of such procedures.
``(d) Cancers Excluded.--In this section, the term `cancer' does
not include basal cell carcinoma or squamous cell carcinoma of the
skin.
``(e) Creditable Coverage Defined.--In this section, the term
`creditable coverage' has the meaning given such term in section
2701(c) of the Public Health Service Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits for months beginning 6 months after the date of the
enactment of this Act.
SEC. 4. ENCOURAGEMENT OF EARLY DETECTION OF CANCER.
The Secretary of Health and Human Services shall, through existing
programs and other appropriate means, provide for such an educational
and outreach campaign as will encourage individuals to be tested for
cancer at the earliest time for which such testing may be useful in
detecting the presence of cancer, based upon cancer screening
recommendations of the United States Preventive Services Task Force.
<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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