,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ccbj  ,,in ,,the ,,house ,,of  
,,representatives  ,october #bc1        
#bjac,mr4 ,bucshon introduced the       
following bill2 which was referred to   
the ,committee on ,ways and ,means1 and 
in addition to the ,committee on ,energy
 and ,commerce1 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 ensure appropriate       
coverage of ventricular assist devices  
under the ,medicare program under title 
,,xviii of the ,social ,security ,act1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,medicare ,ventricular ,assist ,device  
,access ,act of #bjac4  #b4 ,findings2  
purpose  7a7 ,findings ,congress finds  
the following3 7#a7 ,ventricular        
assistance devices are mechanical blood 
pumps that surgeons attach to a damaged 
or weakened native heart to assist in   

pumping blood4  7#b7 ,under its coverage
 policy as of the date of the enactment 
of this ,act1 the ,medicare program     
covers ventricular assist devices for   
,medicare beneficiaries that meet       
certain criteria after open-heart       
surgery1 that are approved and listed as
 candidates for heart transplant by a   
,medicare-approved heart transplant     
center1 and for those who are not       
eligible for a heart transplant4  7#c7  
,the ,medicare program does not         
currently cover ,medicare beneficiaries 
for ventricular assist devices who are--
 7,a7 undergoing an evaluation to       
determine their candidacy for heart     
transplantation2 or  7,b7 potential     
heart transplant candidates1 but who are
 currently not eligible for heart       
transplantation because of a            
contraindication that may be favorably  
modified by the use of a ventricular    
assist device4  7#d7 ,approximately #dj 
percent of patients who receive a       
ventricular assist device are not       

eligible for a heart transplant         
initially1 but may become eligible as   
the ventricular support improves their  
overall health4  7b7 ,purpose ,the      
purpose of this ,act is to ensure       
,medicare beneficiaries with heart      
failure have appropriate access to      
ventricular assist devices4  #c4        
,revision of ,medicare ventricular      
assist device national coverage policy  
7a7 ,in general ,notwithstanding section
 #ahfb7;a77#a77;,a7 of the ,social      
,security ,act 7#db ,u4,s4,c4           
#aciey7a77#a77;,a77 or any other        
provision of law1 the ,secretary of     
,health and ,human ,services 7in this   
section referred to as the ,secretary7  
shall revise the ,medicare national     
coverage determination 7as defined in   
section #ahfi7;f77#a77;,b7 of the       
,social ,security ,act 7#db ,u4,s4,c4   
#acie;ff7f77#a77;,b777 relating to      
coverage of ventricular assist devices  
to extend the coverage of such devices  
under title ,,xviii of the ,social      

,security ,act applied as of the date of
 the enactment of this ,act with respect
 to individuals approved for heart      
transplantation to also apply to-- 7#a7 
individuals who are undergoing an       
evaluation to determine candidacy for   
heart transplantation2 and  7#b7        
individuals who would be potential heart
 transplant candidates1 but are not so  
eligible because of a contraindication  
that may be favorably modified by the   
use of a ventricular assist device4  7b7
 ,construction ,nothing in this section 
shall be construed-- 7#a7 to limit      
coverage of ventricular assist devices  
for ,medicare beneficiaries who meet the
 ,medicare criteria for coverage of     
ventricular assist devices as of the    
date of enactment of this ,act2 or  7#b7
 as preventing the ,secretary from      
expanding its coverage decision beyond  
the coverage required under this        
section4  7c7 ,revision of national     
coverage decision2 effective date  7#a7 
,revision of national coverage decision 

,the ,secretary shall use the processes 
described in section #ahfb7l7 of the    
,social ,security ,act 7#db ,u4,s4,c4   
#aciey7l77 to revise its national       
coverage determination relating to      
ventricular assist devices to           
incorporate the requirements of this    
section4  7#b7 ,effective date ,the     
revised coverage decision described in  
paragraph 7#a7 shall apply to           
ventricular assist devices furnished on 
or after the date that is #cj days after
 the date of the enactment of this ,act1
 regardless of the date on which the    
,secretary completes the process        
required under such paragraph4