,,ii #aahth ,,congress #ast ,session ,s4 #fdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #b1 #bjbc,ms4 ,klobuchar 7for herself and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to facilitate the development of treatments for cancers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,finn ,sawyer ,access to ,cancer ,testing ,act4 #b4 ,coverage of cancer diagnostic and laboratory tests 7a7 ,medicare 7#a7 ,coverage ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended-- 7,a7 in subsection 7s77#b7-- 7i7 in subparagraph 7,,ii71 by striking and at the end2 7ii7 in subparagraph 7,,jj71 by adding and at the end2 and 7iii7 by adding at the end the following new subparagraph3 7,,kk7 cancer diagnostic and laboratory tests 7as defined in subsection 7nnn77 furnished on or after the date that is #f months after the date of the enactment of this subparagraph4 2 and 7,b7 by adding at the end the following new subsection3 7nnn7 ,cancer diagnostic and laboratory tests 7#a7 ,in general ,the term cancer diagnostic and laboratory tests means-- 7,a7 microarray analysis1 ,,dna sequencing1 ,,rna sequencing1 whole-exome sequencing1 and other forms of next-generation sequencing furnished and reported by a clinical laboratory 7as defined in section #cec7;a7 of the ,public ,health ,service ,act72 and 7,b7 explanation and interpretation of any analysis or sequencing described in subparagraph 7,a72 furnished to an individual diagnosed with cancer4 7#b7 ,frequency ,when an individual test as described in paragraph 7#a7 reports out the same genetic content1 it may only be furnished with respect to an individual diagnosed with a cancer-- 7,a7 once upon the diagnosis of such cancer2 7,b7 once upon any recurrence of such cancer2 and 7,c7 as necessary for purposes of planning treatment or monitoring the progression of such cancer or the response of such cancer to treatment4 4 7#b7 ,payment ,section #ahcc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 by striking and before 7,,hh72 and 7ii7 by inserting the following before the semicolon3 1 and 7,,ii7 with respect to cancer diagnostic and laboratory tests 7as defined in section #ahfa7nnn771 the amount paid shall be an amount equal to #hj percent 7or #ajj percent1 in the case of such tests for which payment is made on an assignment-related basis7 of the lesser of the actual charge for the test or the amount that would have been determined for such test under section #ahcd;,a had such test been a clinical diagnostic laboratory test22 and 7,b7 in subsection 7b7-- 7i7 by striking 1 and 7#ac7 and inserting 7#ac72 and 7ii7 by striking #ahfa7n74 and inserting section #ahfa7n71 and 7#ad7 such deductible shall not apply with respect to cancer diagnostic and laboratory tests 7as defined in section #ahfa7nnn774 7#c7 ,exclusion modification ,section #ahfb7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7a77#a77 is amended-- 7,a7 in subparagraph 7,o71 by striking and at the end2 7,b7 in subparagraph 7,p71 by striking the semicolon and inserting 1 and2 and 7,c7 by adding at the end the following new subparagraph3 7,q7 in the case of cancer diagnostic and laboratory tests 7as defined in section #ahfa7nnn771 which are performed more frequently than is covered under such section2 4 7b7 ,medicaid 7#a7 ,inclusion as medical assistance ,section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended-- 7,a7 in paragraph 7#cj71 by striking and at the end2 7,b7 by redesignating paragraph 7#ca7 as paragraph 7#cb72 and 7,c7 by inserting after paragraph 7#cj7 the following new paragraph3 7#ca7 cancer diagnostic and laboratory tests 7as defined in section #ahfa7nnn772 and 4 7#b7 ,mandatory coverage ,section #aijb7;a77#aj77;,a7 of such ,act is amended1 in the matter preceding clause 7i71 by striking and 7#cj7 and inserting 7#cj71 and 7#ca74 7#c7 ,inclusion in benchmark coverage ,section #aicg7;b77#e7 of such ,act is amended by inserting before the period at the end the following3 1 and beginning ,january #a1 #bjbe1 coverage of cancer diagnostic and laboratory tests 7as defined in section #ahfa7nnn774 7#d7 ,conforming amendments ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 is amended-- 7,a7 in section #aijb7nn77#c71 by striking paragraph 7#cj7 of section #aije7;a7 and inserting the last numbered paragraph of the first sentence of section #aije7;a72 and 7,b7 in section #aije7;a71 in the #dth sentence in the flush matter following the last numbered paragraph of the first sentence of such section1 by striking paragraph 7#cj7 and inserting the last numbered paragraph4 7#e7 ,effective date 7,a7 ,in general ,the amendments made by this section shall apply with respect to items and services furnished on or after ,january #a1 #bjbe4 7,b7 ,exemption for ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or waiver of such plan1 that the ,secretary of ,health and ,human ,services determines requires ,state legislation in order for the respective plan to meet any requirement imposed by amendments made by this section1 the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of the enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 7c7 ,,chip ,section #bajc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c771 as amended by section #aadje7;b77#a7 of ,public ,law #aag-afi1 is amended by adding at the end the following new paragraph3 7#ac7 ,coverage of cancer diagnostic and laboratory tests ,regardless of the type of coverage elected by a ,state under subsection 7a71 beginning ,january #a1 #bjbe1 child health assistance provided under such coverage for targeted low-income children and1 in the case that the ,state elects to provide pregnancy-related assistance under such coverage pursuant to section #baab1 such pregnancy-related assistance for targeted low-income pregnant women 7as defined in section #baab7;d771 shall include coverage of cancer diagnostic and laboratory tests 7as defined in section #ahfa7nnn774 4 #c4 ,education and awareness program on genomic testing 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 in coordination with the ,director of the ,national ,human ,genome ,research ,institute1 shall carry out an education and awareness program for physicians and the general public on what genomic testing is1 how can be used1 and the role of genetic counselors4 7b7 ,cancer and molecular diagnostics ,the education and awareness program under subsection 7a7 shall encourage the inclusion in graduate medical education and continuing medical education 7including for specialty oncology services7 of education and training on the importance of molecular diagnostics at diagnosis and reoccurrence of cancer to detect mutations4