,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #hjcb  ,,in ,,the ,,house ,,of  
,,representatives  ,march #bj1 #bjbf,mr4
 ,dunn of ,florida 7for himself and ,mr4
 ,soto7 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 ensure equitable      
payment for1 and preserve ,medicare     
beneficiary access to1 cancer treatments
 under the ,medicare hospital outpatient
 prospective payment system4  #a4 ,short
 title  ,this ,act may be cited as the  
,facilitating ,access to ,innovation in 
,cancer ,care ,act or the ,,faic ,act4  
#b4 ,separate payment for certain cancer
 treatments ,section #ahcc7t77#af7 of   
the ,social ,security ,act 7#db         

,u4,s4,c4 #acie7t77#af77 is amended by  
adding at the end the following new     
subparagraph3  7,h7 ,separate payment   
for certain cancer treatments  7i7 ,in  
general ,notwithstanding any other      
provision of this subsection1 with      
respect to a specified cancer treatment 
7as defined in clause 7v77 furnished    
during a year 7beginning with #bjbf71   
the ,secretary shall not package payment
 for such treatment into a payment for a
 covered ,,opd service 7or group of     
services71 and shall make a separate    
payment as specified in clause 7ii7 for 
such treatment1 if such treatment has an
 estimated mean per day product cost    
equal to or exceeding the threshold     
specified in clause 7iii7 for such year4
  7ii7 ,separate payment ,for purposes  
of clause 7i71 the separate payment     
specified in this clause for a specified
 cancer treatment is a payment in an    
amount equal to-- 7,i7 the average sales
 price for such treatment established   
under section #ahdg;,a1 as calculated   

and adjusted by the ,secretary to the   
extent such adjustment is adopted for   
other specified covered outpatient drugs
 under paragraph 7#ad77;,a77iii77,,ii72 
or  7,,ii7 if the data necessary to     
calculate such average sales price for  
such treatment is not available1 the    
wholesale acquisition cost 7as defined  
in subsection #ahdg;,a7c77#f77;,b77 for 
such treatment1 as calculated and       
adjusted by the ,secretary to the extent
 such adjustment is adopted for other   
specified covered outpatient drugs under
 paragraph 7#ad77;,a71 or1 if such      
wholesale acquisition cost is not       
available1 the mean unit cost for such  
treatment 7as derived from hospital     
claims data74  7iii7 ,threshold ,for    
purposes of clause 7i71 the threshold   
specified in this clause is--  7,i7 for 
#bjbf1 #cej2 and  7,,ii7 for a          
subsequent year1 the amount specified in
 this clause for the preceding year1    
increased by the ,,opd fee schedule     
increase factor under paragraph         

7#c77;,c77iv7 for the year4  7iv7       
,budget neutrality ,the ,secretary shall
 make such adjustments as are necessary 
under this subsection to ensure that the
 amount of expenditures under this      
subsection for a year with application  
of this subparagraph is equal to the    
amount of expenditures that would be    
made under this subsection for such year
 without application of this            
subparagraph4  7v7 ,definition ,for     
purposes of this subparagraph1 the term 
specified cancer treatment means a drug 
or biological that--  7,i7 is approved  
by the ,food and ,drug ,administration  
on or after ,january #a1 #bjjh1 for use 
in the detection or treatment of cancer2
  7,,ii7 does not receive transitional  
pass-through payments under paragraph   
7#f72 and  7,,iii7 has payment that     
would1 but for application of this      
subparagraph1 be packaged into a payment
 for a covered ,,opd service 7or group  
of services74  4