PACT Act

I 116TH CONGRESS 1ST SESSION H. R. 2498 To amend title XVIII of the Social Security Act to ensure that hospitals receive adequate payment for the acquisition of hematopoietic stem cells under the Medicare program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 2, 2019 Mr. KIND (for himself, Mr. MARCHANT, Mr. BILIRAKIS, and Ms. MATSUI) in- troduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to ensure that hospitals receive adequate payment for the acquisi- tion of hematopoietic stem cells under the Medicare pro- gram, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Patient Access to Cel- 4 lular Transplant Act’’ or the ‘‘PACT Act’’. 5 VerDate Sep 11 2014 21:42 May 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2498.IH H2498 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2498 IH SEC. 2. HEMATOPOIETIC STEM CELL ACQUISITION PAY- 1 MENTS. 2 Section 1886 of the Social Security Act (42 U.S.C. 3 1395ww) is amended— 4 (1) in subsection (a)(4), in the second sentence, 5 by inserting ‘‘for cost reporting periods beginning on 6 or after October 1, 2020, costs related to hematopoi- 7 etic stem cell acquisition for the purpose of an allo- 8 geneic hematopoietic stem cell transplant (as de- 9 scribed in subsection (d)(5)(M)),’’ after ‘‘October 1, 10 1987),’’; 11 (2) in subsection (d)— 12 (A) in paragraph (4)(C)(iii)— 13 (i) by inserting ‘‘or payments under 14 paragraph (5)(M) (beginning with fiscal 15 year 2021)’’ after ‘‘fiscal year 1991)’’; and 16 (ii) by inserting ‘‘or payments under 17 paragraph (5)(M)’’ before the period at the 18 end; and 19 (B) in paragraph (5), by adding at the end 20 the following new subparagraph: 21 ‘‘(M)(i) For cost reporting periods beginning on or 22 after October 1, 2020, in the case of a subsection (d) hos- 23 pital that furnishes an allogeneic hematopoietic stem cell 24 transplant to an individual during such a period, payment 25 to such hospital for hematopoietic stem cell acquisition 26 VerDate Sep 11 2014 21:42 May 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2498.IH H2498 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2498 IH shall be made on a reasonable cost basis. The items in- 1 cluded in such hematopoietic stem cell acquisition shall be 2 specified by the Secretary through rulemaking. 3 ‘‘(ii) For purposes of this subparagraph, the term 4 ‘allogeneic hematopoietic stem cell transplant’ means, with 5 respect to an individual, the intravenous infusion of 6 hematopoietic cells derived from bone marrow, peripheral 7 blood stem cells, or cord blood, but not including embry- 8 onic stem cells, of a donor to an individual that are or 9 may be used to restore hematopoietic function in such in- 10 dividual having an inherited or acquired deficiency or de- 11 fect.’’. 12 Æ VerDate Sep 11 2014 21:42 May 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2498.IH H2498 pamtmann on DSKBFK8HB2PROD with BILLS