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Senate Bill 1268
116th Congress(2019-2020)
PACT Act
Introduced
Introduced
Introduced in Senate on May 1, 2019
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Introduced in Senate 
May 1, 2019
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Introduced in Senate(May 1, 2019)
May 1, 2019
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S. 1268 (Introduced-in-Senate)


116th CONGRESS
1st Session
S. 1268


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 SENATE OF THE UNITED STATES

May 1, 2019

Ms. Stabenow (for herself, Mr. Burr, Mr. Brown, and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Patient Access to Cellular Transplant Act” or the “PACT Act”.

SEC. 2. Hematopoietic stem cell acquisition payments.

Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended—

(1) in subsection (a)(4), in the second sentence, by inserting “for cost reporting periods beginning on or after October 1, 2020, costs related to hematopoietic stem cell acquisition for the purpose of an allogeneic hematopoietic stem cell transplant (as described in subsection (d)(5)(M)),” after “October 1, 1987),”;

(2) in subsection (d)—

(A) in paragraph (4)(C)(iii)—

(i) by inserting “or payments under paragraph (5)(M) (beginning with fiscal year 2021)” after “fiscal year 1991)”; and

(ii) by inserting “or payments under paragraph (5)(M)” before the period at the end; and

(B) in paragraph (5), by adding at the end the following new subparagraph:

“(M) (i) For cost reporting periods beginning on or after October 1, 2020, in the case of a subsection (d) hospital that furnishes an allogeneic hematopoietic stem cell transplant to an individual during such a period, payment to such hospital for hematopoietic stem cell acquisition shall be made on a reasonable cost basis. The items included in such hematopoietic stem cell acquisition shall be specified by the Secretary through rulemaking.

“(ii) For purposes of this subparagraph, the term ‘allogeneic hematopoietic stem cell transplant’ means, with respect to an individual, the intravenous infusion of hematopoietic cells derived from bone marrow, peripheral blood stem cells, or cord blood, but not including embryonic stem cells, of a donor to an individual that are or may be used to restore hematopoietic function in such individual having an inherited or acquired deficiency or defect.”.