HR1406-119

2. Authority to expand coverage of tests for lung cancer screening under the medicare program Section 1834(n) of the Social Security Act (42 U.S.C. 1395m(n)) is amended— by redesignating subparagraphs (A) and (B) of paragraph (1) as clauses (i) and (ii), respectively, with appropriate indentation; by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, with appropriate indentation; by striking Notwithstanding any other provision of this title and inserting: Notwithstanding any other provision of this title and subject to paragraph (2) by adding at the end the following new paragraph: Notwithstanding paragraph (1), in addition to preventive services consisting of screening tests for the early detection of lung cancer covered under this part pursuant to national coverage determination 210.14, the Secretary may provide for coverage under this part of other lung cancer screening tests that are cleared or approved by the Food and Drug Administration as preventive services when furnished to appropriate individuals (as determined by the Secretary), with such frequency and payment limits as the Secretary determines appropriate in consultation with appropriate organizations. Coverage of other lung cancer screening tests under subparagraph (A) shall be determined using the process for making national coverage determinations (as defined in section 1869(f)(1)(B)), except that there shall be no requirement for a determination under section 1861(ddd)(3)(B) with respect to such test under such process. Nothing in clause (i) shall be construed as preventing the Secretary from considering recommendations made by entities with expertise in preventive services, including entities convened by the Secretary or the Director of the Agency for Healthcare Research and Quality, with respect to other lung cancer screening tests described in subparagraph (A). The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and apply with respect to coverage of preventive services under Part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) on or after such date. (1)In generalNotwithstanding any other provision of this title and subject to paragraph (2); and (2)Authority to cover new lung cancer screening tests as preventive services (A)In generalNotwithstanding paragraph (1), in addition to preventive services consisting of screening tests for the early detection of lung cancer covered under this part pursuant to national coverage determination 210.14, the Secretary may provide for coverage under this part of other lung cancer screening tests that are cleared or approved by the Food and Drug Administration as preventive services when furnished to appropriate individuals (as determined by the Secretary), with such frequency and payment limits as the Secretary determines appropriate in consultation with appropriate organizations. (B)Use of national coverage determination process (i)In generalCoverage of other lung cancer screening tests under subparagraph (A) shall be determined using the process for making national coverage determinations (as defined in section 1869(f)(1)(B)), except that there shall be no requirement for a determination under section 1861(ddd)(3)(B) with respect to such test under such process. (ii)Rule of constructionNothing in clause (i) shall be construed as preventing the Secretary from considering recommendations made by entities with expertise in preventive services, including entities convened by the Secretary or the Director of the Agency for Healthcare Research and Quality, with respect to other lung cancer screening tests described in subparagraph (A)..