National Cancer Advisory Board
Congressional Activities for the 107th Congress
February 19-21, 2002

HEALTH CARE: BENEFITS AND PATIENT RIGHTS

The legislation that is described in this section covers many issues related to health care policy.

• Providing coverage for, or reducing the cost of, prescription drugs (S. Res. 74, H. R. 698, H. R. 758, H. R. 828, H. R. 1387, H. R. 1400, H. R. 1512, S. 358, H. R. 1862, S. 812, S. 925, S. 1135, H. R. 1839, S. 880)
• Providing incentives for drug manufacturers to improve the safety and efficacy of pharmaceuticals for children (S. 838, H. R. 2887, H. R. 3047, S. 1789)
• Providing coverage for oral anticancer drugs (H. R. 1624, S. 913)
• Permitting drug reimportation (S. 1229, H. R. 698)
• Providing a tax deduction for health care coverage - H. Con. Res. 37, S. 575, H. R. 1127)
• Reforms to the health care system (Medicare - H. R. 803, S. 357; managed care and other health coverage - H. Con. Res. 37, S. 575)
• Allowing access to medical care (H. R. 1142, H. R. 1200)
• Mandating coverage for specific procedures (H. R. 1520, S. 710) See also Women's Health section for bills mandating coverage for specific procedures relevant to women.
• Requiring health insurance coverage of cancer screening (H. R. 1809, S. 868)
• Allowing access to medical imaging and radiation therapy procedures (H. R. 1011)

Introduced during this quarter, S. 1789, like several similar measures, represents an effort to make more pharmaceuticals available for the treatment of children. Among other provisions, it extends patent exclusivity to drug manufacturers when they test their drugs in children, and contains directives for DHHS and NIH to take specific steps toward ensuring that drugs are tested in children. The legislation was very popular, rapidly passing both chambers, and receiving the President's signature on January 4, 2002.

PENDING LEGISLATION:

Resolutions:

H. Con. Res. 37 - Promoting Coverage of Individuals Under Long Term Care Insurance. Concurrent resolution expressing the sense of the Congress promoting coverage of individuals under long-term care insurance. The resolution recommends that the Federal government inform the public of the need for long-term insurance, and encourage, using a variety of including tax breaks, employers to offer this benefit. Introduced on February 14, 2001 by Representative Christopher Shays (R-CT) and referred to the Committees on Education and the Workforce, and Energy and Commerce. As of February 7, 2002, there are 46 cosponsors (R-22; D-23; I-1).

S. Res. 74 - Providing Medicare Beneficiaries with Outpatient Prescription Drug Coverage. A resolution expressing the sense of the Senate regarding consideration of legislation providing Medicare beneficiaries with outpatient prescription drug coverage. Introduced by Senator Mark Dayton (D-MN) on April 25, 2001 and referred to the Committee on Finance. As of February 7, 2002, there are 7 Democratic cosponsors.

H. Res. 173 - Sense of the House Regarding the Benefits of Biotechnology. This resolution was introduced by Representative Darrell Issa (R-CA) on June 20, 2001 and referred to the Committee on Science. The resolution acknowledges that biotechnology has been responsible for breakthroughs and achievements that have benefited the people and contributed to increasing the quality of life for Americans. The resolution was scheduled for debate on November 27, 2001, but debate was postponed in the wake of the announcement of the first cloned human embryo. As of February 7, 2002 there are 19 cosponsors (R-12; D-7).

Bills:

H. R. 758 - The Breast Cancer Prescription Drug Act. A bill to amend Title XVIII of the Social Security Act to provide for substantial reductions in the price of prescription drugs for Medicare beneficiaries and for women diagnosed with breast cancer. Introduced February 27, 2001 by Representative Carolyn McCarthy (D-NY) and referred to the Committee on Energy and Commerce, and Ways and Means. As of February 7, 2002, there are 18 cosponsors (R-1; D-17).

H. R. 828 - Seniors Health Care Choice Act of 2001. A bill to amend Title XVIII of the Social Security Act to expand coverage of preventive services under the Medicare Program and to provide coverage of outpatient prescription drugs under that program. Introduced on March 1, 2001 and referred to the Senate Committees on Ways and Means, and Energy and Commerce. As of February 7, 2002, there are 4 cosponsors (R-3; D-1).

H. R. 1387 - To Improve Access to Prescription Drugs for Low Income Medicare Beneficiaries. A bill to improve access to health care coverage for seniors, the self-employed, and children, and to amend the Federal Food, Drug, and Cosmetic Act to improve meaningful access to reasonably priced prescription drugs. Introduced by Representative Greg Ganske (R-IA) on April 4, 2001 and referred to the Committee on Ways and Means, and Energy and Commerce. As of February 7, 2002, there are 12 cosponsors (R-8; D-3).

H. R. 1400 - Reducing Prescription Drugs for Medicare Recipients. Representative Thomas Allen (D-ME) introduced H. R. 1400 on April 4, 2001 to provide for substantial reductions in the prices of prescription drugs for Medicare beneficiaries. It has been referred to the Committee on Ways and Means. As of February 7, 2002, there are 120 cosponsors (D-119; I-1).

H. R. 1512 - Medicare Extension of Drugs to Seniors (MEDS) Act of 2001. A bill to amend Title XVIII of the Social Security Act to provide a prescription drug benefit program for all Medicare beneficiaries. Introduced by Representative Bernard Sanders (I-VT) on April 4, 2001 and referred to the Committees on Energy and Commerce, and Ways and Means. As of February 7, 2002, there are 32 Democratic cosponsors.

S. 358 - Medicare Prescription Drug and Modernization Act. This bill was introduced on February 15, 2001 by Representative John Breaux (D-LA) to establish a Medicare Prescription Drug and Supplemental Benefit Program. S. 358 was referred to the Committee on Finance. As of February 7, 2002, there are 6 cosponsors (R-4; D-2).

S. 838 - Better Pharmaceuticals for Children. This bill was introduced on May 7, 2001 by Senator Christopher Dodd (D-CT) to improve the safety and efficacy of pharmaceuticals for children. The measure would reauthorize legislation originally enacted by Senators Dodd and Mike DeWine (R-OH) to encourage pediatric drug research by giving drug companies an incentive of 6 months of additional market exclusivity to test their products for use in children. It also directs the Secretary to contract with the Institute of Medicine to conduct a review of Federal regulations relating to research involving children. S. 838 was referred to the Committee on Health, Education, Labor, and Pensions. The measure was passed as amended in the Senate on October 18, and received for consideration in the House in October 23, 2001. As of February 7, 2002, there are 14 cosponsors (R-5; D-8; I-1).

H. R. 1862/S. 812 - Greater Access to Affordable Pharmaceuticals Act of 2001. A bill to amend the Federal Food, Drug, and Cosmetic Act to provide greater access to affordable pharmaceuticals. Introduced in the House by Representative Sherrod Brown (D-OH) on May 16, 2001 and referred to the Committee on Energy and Commerce. Introduced in the Senate by Senator Charles Schumer (D-NY) and John McCain (R-AZ) on May 1, 2001 and referred to the Committee on Health, Education, Labor, and Pensions. Senators Schumer and McCain described their Senate bill as bipartisan legislation that would streamline the generic drug approval process and bring affordable alternatives to market by removing many of the most common obstacles to fair competition. As of February 7, 2002, H. R. 1862 has 35 cosponsors (R-4; D-30; I-1).. S. 812 is supported by 2 cosponsors (R-1; D-1).

S. 925 - Medicare Extension of Drugs to Seniors (MEDS). A bill to amend Title XVIII of the Social Security Act to provide a prescription drug benefit program for all Medicare beneficiaries. Introduced by Senator Paul Wellstone (D-MN) on May 22, 2001 and referred to the Committee on Finance. As of February 7, 2002, there are no cosponsors.

S. 1135 - Medicare Reform Act of 2001. A bill to amend Title XVIII of the Social Security Act to provide comprehensive reform of the Medicare program, including the provision if coverage of outpatient prescription drugs under the program. The measure was introduced on June 28, 2001 by Senator Bob Graham (R-FL) and referred to the Committee on Finance. As of February 7, there are 10 cosponsors (D-9, R-1).

H. R, 1839/S. 880 - Immunosuppressive Drug Coverage Act of 2001. H. R. 1839 was introduced on May 15, 2001 by Representative Dave Camp (R-MI) and referred to the following House Committees: Ways and Means, Energy and Commerce, and Education and the Workforce. S. 880 was introduced on May 15, 2001 by Senator Mike Dewine (R-OH) and referred to the Senate Committee on Finance. These measures would provide adequate coverage for immunosuppressive drugs furnished to beneficiaries under the Medicare program that have received an organ transplant. Specifically, the bills would (1) continue entitlement to prescription drugs used in immunosuppressive therapy for individuals who receive kidney transplants for which payment is made under Medicare; (2) extend Medicare secondary payer requirements for end stage renal disease beneficiaries; and (3) set forth requirements for group health plans to provide coverage of immunosuppressive drugs. As of February 7, 2002, H. R. 1839 is supported by 43 cosponsors (R-15; D-28), and S. 880 is supported by 5 cosponsors (R-1; D-4).

H. R. 1624 - Access to Cancer Therapies Act of 2001. A bill to provide for coverage under the Medicare program of all oral anti-cancer drugs. Introduced April 26, 2001 by Representative Deborah Pryce (R-OH) and referred to the Committees on Ways and Means, and Energy and Commerce. Representative Pryce noted that Medicare must keep pace with pharmaceutical research and development and introduced this bill to address the many new oral cancer drugs in the pipeline that will not fall under Medicare's strict definitions for coverage. As of February 7, 2002, there are 240 cosponsors (131-D, 108-R, 1-I).

S. 913 - Access to Cancer Therapies Act. A bill to provide for coverage under the Medicare program of all oral anti-cancer drugs. Current Medicare coverage of anti-cancer drug therapy is limited to injectable drugs that are administered incident to covered physician services. Orally administered anti-cancer drugs are only covered if they have an injectable equivalent. S. 913 will build on current Medicare policy by ensuring coverage of all anti-cancer drugs, whether oral or injectable, is available to Medicare beneficiaries. Introduced on May 17, 2001 by Senator Olympia Snowe (R-ME) and referred to the Committee on Finance. As of February 7, 2002, there are 30 cosponsors (R-11; D-19).

S. 1229 - Personal Prescription Drug Import Fairness Act. Introduced by Senator Paul Wellstone (D-MN) on July 24, 2001 and referred to the Committee on Health, Education, Labor, and Pensions. S. 1229 would permit individuals to import prescription drugs in limited circumstances. The bill includes specific protections, which are not included in the amended Agriculture Appropriations bill that has passed the House. These protections include (1) importation for personal use only of no more than a 3 month supply at any one time; (2) limitation on country of origin; (3) no importation of controlled substances or biologics; (4) requirement that imported drug be accompanied by a form prescribed by the Secretary of DHHS that makes it clear what overseas pharmacy is dispensing the drug, who will be receiving it, and who will be responsible for the recipient's medical care in the U. S. As of February 7, 2002, there is 1 Democratic cosponsor.

H. R. 698 - Prescription Reimportation, Improvement, Correction, and Enhancement Act. A bill to amend the Federal Food, Drug, and Cosmetics Act with respect to the importation of certain prescription drugs by pharmacists and wholesalers. Introduced on February 14, 2001 by Representative Bernard Sanders (I-VT) and referred to the House Committee on Energy and Commerce. As of February 7, 2002, there are 40 Democratic cosponsors.

H. R. 1127 - Health Care Tax Deduction Act of 2001. A bill to amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid for health insurance and prescription drug costs for individuals. Introduced on March 20, 2001 by Representative Cliff Stearns (R-FL) and referred to the Committee on Ways and Means. As of February 7, 2002, there are 8 cosponsors (R-7; D-1).

H. R. 803 - Medicare Modernization and Solvency Act. Representative Pete Stark (D-CA) introduced this bill on February 29, 2001 to make the Medicare program more competitive and efficient, to extend the solvency of the program, to improve quality of care, and to make Medicare supplemental insurance more affordable. H. R. 803 was referred to the Committee on Ways and Means. As of February 7, 2002, there is 1 Democratic cosponsor.

S. 357 - Medicare Preservation and Improvement Act (Breaux-Frist Bill). A bill to amend the Social Security Act to preserve and improve the Medicare program. Introduced on February 15, 2001 by Senator John Breaux (D-LA) and Senator William Frist (R-TN) and referred to the Committee on Finance. As of February 7, 2002, there are 3 Republican cosponsors.

S. 575 - Hospital Length of Stay Act of 2001. This bill was introduced on March 20, 2001 by Senator Dianne Feinstein (D-CA) to improve health care for children and working families and to enact needed managed care reform to allow doctors to determine the length of hospital stay for their patients. The bill requires insurance plans to cover hospital stays for all conditions as determined by the treating physician. S. 575 was referred to the Committee on Health, Education, Labor, and Pensions. As of February 7, 2002, there is 1 Republican cosponsor.

H. R. 1142 - Working American Families Access to Health Care Act of 2001. A bill to amend Title XIX of the Social Security Act to permit uninsured individuals to obtain coverage under the Medicaid program, to ensure coverage of prescriptions drugs, alcohol and drug abuse treatment services, mental health services, long-term care services, and other services. Introduced on March 21, 2001 by Representative John Conyers (D-MI) and referred to the Committee on Energy and Commerce. As of February 7, 2002, there are 3 Democratic cosponsors.

H. R. 1200 - American Health Security Act. A bill to provide health care for every American and to control the cost and enhance the quality of the health care system. Introduced by Representative Jim McDermott (D-WA) on March 22, 2001 and referred to the Committees on Armed Services, Government Reform, Ways and Means, and Energy and Commerce. As of February 7, 2002, there are 3 Democratic cosponsors.

H. R. 1520 - Eliminate Colorectal Cancer Act of 2001. A bill to require coverage for colorectal cancer screenings for group health plans and group and individual health insurance providers. The bill was designed to ensure that all health insurance covers screening procedures that can discover colorectal cancer in its earliest and most treatable stages. Introduced April 4, 2001 by Representative Louise Slaughter (D-NY) and referred to the Committees on Energy and Commerce, and Education and the Workforce. As of February 7, 2002, there are 86 cosponsors (R-6; D-80).

S. 710 - Eliminate Colorectal Cancer Act of 2001. A bill to require coverage for colorectal cancer screenings to ensure that all health insurance covers screening procedures that can discover colorectal cancer in its earliest and most treatable stages. Introduced on April 5, 2001 by Senator Edward Kennedy (D-MA) and referred to the Committee on Health, Education, Labor, and Pensions. As of February 7, 2002, there are 6 cosponsors (D-3, R-3).

H. R. 1809 - Requiring Health Insurance Coverage of Cancer Screening. Introduced by Representative Carolyn Maloney (D-NY) on May 10, 2001 and referred to the following Committees: Government Reform, Ways and Means, Education and the Workforce, and Energy and Commerce. H. R. 1809 requires that group and individual health plans provide coverage and group health plans provide coverage of cancer screening tests, including mammograms, clinical breast examinations, Pap tests and pelvic examinations, colorectal screening procedures, and prostate screening tests, at specified intervals and through specified procedures for certain age groups in appropriate genders. As of February 7, 2002, there are 47 cosponsors (R-5; D-42). S. 868 - Cancer Screening Coverage Act. Introduced by Senator Dianne Feinstein (D-CA) on May 10, 2001 to require that group and individual health plans provide coverage for cancer screening. S. 868 was referred to the Committee on Health, Education, Labor, and Pensions. As of February 7, 2002, there are no cosponsors.

H. R. 1011 - Consumer Assurance of Radiological Excellence Act. A bill to provide public access to quality medical imaging procedures and radiation therapy procedures. Introduced by Representative Heather Wilson (R-NM) on March 13, 2001 and referred to the Committee on Energy and Commerce. As of February 7, 2002, there are 35 cosponsors (R-12; D-23).

H. R. 2887 - Best Pharmaceuticals for Children Act. A bill to amend the Federal Food, Drug, and Cosmetics Act to improve the safety and efficacy of pharmaceuticals for children. Directives closely resemble those in S. 838, except this has an additional provision that amends Title IV of the Public Health Service Act to direct the Secretary to establish the Foundation for Pediatric Research to award grants for research on drugs for which pediatric studies are needed. The bill was introduced by Representative James Greenwood (R-PA) on September 13, 2001 and referred to the House Committee on Energy and Commerce. It was passed as amended in the House on November 15, and received for consideration in the Senate on November 16, 2001. As of February 7, 2002, there are 21 cosponsors (R-6; D-15).

H. R. 3047 - Best Pharmaceuticals for Children Act. A bill to amend the Federal Food, Drug and Cosmetics Act with respect to pediatric studies of drugs. Directives closely resemble those in H. R. 2887. The bill was introduced by Henry Waxman (D-CA) on October 4, 2001 and referred to the Committee on Energy and Commerce. As of February 7, 2002, there are 7 Democratic cosponsors.

S. 1789 - Best Pharmaceuticals for Children Act. A bill to amend the Food, Drug and Cosmetic Act to improve the safety and efficacy of pharmaceuticals for children. Much like similar bills, S. 838 and H. R. 2887, S. 1789 reauthorizes legislation that encourages pediatric drug research by giving drug companies an incentive of 6 months of additional market exclusivity to test their products for use in children, and authorizes $200 million for contracts for pediatric studies of drugs without exclusivity. NIH is called upon to publish a list of drugs for which pediatric studies are needed, as well as to solicit contract proposals for the studies of pediatric drugs without exclusivity. The bill was introduced by Senator Christopher Dodd (D-CT) on December 7, 2001 and placed directly on the calendar. It passed in the Senate by unanimous consent on December 12, and in the House by voice vote on December 20, 2001, and signed by the President on January 4, 2002 (PL 107-109).

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