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US HR5333

US HR5333
Ensuring Patient Access to Critical Breakthrough Products Act of 2019


summary

Introduced
12/06/2019
In Committee
12/09/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

116th Congress

Bill Summary

To amend title XVIII of the Social Security Act to ensure prompt coverage of breakthrough devices under the Medicare program, and for other purposes. This bill provides for Medicare coverage of medical devices that are approved under the Food and Drug Administration (FDA) Breakthrough Devices Program. (Under the program, manufacturers work with the FDA to expedite the review and approval of certain medical devices that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating human diseases or conditions.) The bill allows designated medical breakthrough devices to be temporarily covered under Medicare during a three-year transitional period. The Centers for Medicare & Medicaid Services (CMS) must assign payment codes for such devices within three months of FDA approval. The CMS must also establish a process to allow for continued coverage after the transitional period has expired, taking into account any additional evidence or data the CMS deems necessary. The CMS must also provide for temporary and, where appropriate, permanent Medicare coverage of breakthrough devices for which there is no existing benefit category (i.e., classification).

AI Summary

This bill aims to ensure prompt Medicare coverage and payment for medical devices that are approved under the Food and Drug Administration (FDA) Breakthrough Devices Program. The bill creates a temporary "transitional coverage period" of up to 3 years during which these breakthrough devices are deemed reasonable and necessary for Medicare coverage, eligible for additional payments, and subject to expedited coding updates. After the transitional period, the Centers for Medicare & Medicaid Services (CMS) must establish a process to continue coverage, taking into account any additional evidence or data. The bill also includes special provisions for "specified breakthrough devices" that do not fit into an existing Medicare benefit category, allowing CMS to provide temporary and potentially permanent coverage through alternative payment methodologies.

Committee Categories

Budget and Finance, Health and Social Services

Sponsors (9)

Last Action

Referred to the Subcommittee on Health. (on 12/09/2019)

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