,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bede  ,,in ,,the ,,house ,,of  
,,representatives  ,june #bg1 #bjac ,mr4
 ,mc,dermott introduced the following   
bill2 which was referred to the         
,committee on ,energy and ,commerce1 and
 in addition to the ,committee on ,ways 
and ,means1 for a period to be          
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to amend title ,,xviii of   
the ,social ,security ,act to provide   
for an expert advisory panel regarding  
relative value scale process used under 
the ,medicare physician fee schedule1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,accuracy in ,medicare ,physician       
,payment ,act of #bjac4  #b4 ,expert    
advisory panel regarding relative value 
scale process used in ,medicare         
physician fee schedule ,section         
#ahdh7;c77#b7 of the ,social ,security  

,act 7#db ,u4,s4,c4 #aciem7c77#b77 is   
amended by adding at the end the        
following new subparagraph3  7,m7 ,use  
of expert advisory panel regarding      
relative value scale process used  7i7  
,in general ,for purposes of providing  
oversight to the processes 7including   
the process described in subparagraph   
7,k77 relating to valuation of          
physicians' services1 not later than #ij
 days after the date of the enactment of
 this subparagraph1 the ,secretary shall
 establish and appoint an expert outside
 advisory panel 7in this subparagraph   
referred to as the panel74  7ii7        
,composition of panel ,the panel shall  
be composed of individuals with         
expertise in the valuation of           
physicians' services1 such as           
individuals who are medical directors   
for carriers1 experts in medical        
economics and technology diffusion1 and 
private payer plan representatives1 and 
shall include a mix of physicians in    
different specialty areas1 particularly 

physicians who are not directly affected
 by changes in the valuation of         
physicians' services under this section 
7such as retired physicians and         
physicians who are employed by managed  
care organizations or academic medical  
centers71 as well as representatives of 
individuals enrolled under this part4   
7iii7 ,duties  7,i7 ,in general ,the    
panel shall provide oversight to the    
processes of identifying1 reviewing1 and
 adjusting valuations for physicians'   
services under this section1 including  
activities described in the succeeding  
provisions of this clause4  7,,ii7      
,establishment of screens ,the panel may
 establish screens 7in addition to the  
screens identified under subparagraph   
7,k77ii77 and other means for           
identifying physicians' services for    
which there are potentially misvalued   
codes for review1 such as services that 
have experienced substantial changes in 
length of stay1 site of service1 volume1
 practice expense1 and other factors    

that may indicate changes in physician  
work4  7,,iii7 ,data collection ,the    
panel may collect data and develop      
supporting evidence relating to the     
valuation of physicians' services4      
7,,iv7 ,surveys ,the panel may conduct  
surveys of suppliers of physicians'     
services and may conduct time and motion
 studies relating to such valuations4   
7,v7 ,transmitting codes for review and 
recommendations ,the panel may transmit 
with supporting evidence codes for      
review and recommendations through the  
means described in subparagraphs 7,i7   
through 7,,iii7 of subparagraph         
7,k77iii74  7,,vi7 ,evaluation of       
recommendations submitted ,the panel    
shall evaluate any recommendations      
submitted through such means 7whether   
pursuant to the solicitation under      
subclause 7,v7 or otherwise7 and report 
to the ,secretary on such evaluation4   
,the panel's activities under subclauses
 7,,iii7 and 7,,iv7 may be conducted    
directly or through contracts with      

appropriate1 qualified entities4  7iv7  
,application of ,,faca ,the ,federal    
,advisory ,committee ,act 7#e ,u4,s4,c4 
,app47 shall apply to the panel1 except 
that section #ad of such ,act shall not 
apply4  7v7 ,funding ,the ,secretary    
shall provide for the transfer of not to
 exceed #aj1jjj1jjj for each fiscal year
 7beginning with fiscal year #bjad7 from
 the ,federal ,medical ,supplementary   
,medical ,insurance ,trust ,fund        
established in section #ahda to the     
,center for ,medicare  ,medicaid        
,services ,program ,management ,account 
to carry out this subparagraph1         
including for the management and        
staffing of the panel and the conduct of
 activities described in clause 7iii74  
4