[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 5492 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 5492 To amend title XVIII of the Social Security Act to provide for payment for services of radiologist assistants under the Medicare program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES December 11, 2024 Mr. Boozman (for himself and Mr. Lujan) 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 provide for payment for services of radiologist assistants 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 ``Medicare Access to Radiology Care Act of 2024''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Radiologist assistants are advanced-level radiographers who are critically important members of the radiologist-led team. (2) Radiologist assistants work strictly under the supervision of a radiologist to promote high standards of patient care by assisting radiologists in the diagnostic and interventional imaging environment. (3) In every jurisdiction authorizing radiologists assistants to practice, they are only permitted to furnish services when delegated by and under the supervision of a radiologist. (4) Radiologist assistants value their working and professional relationships with radiologists and have never sought, nor do they seek, the ability to practice independent of radiologists. (5) While radiologist assistants perform various valuable professional services and may make and communicate initial observations to the radiologist, radiologist assistants are not qualified to perform interpretations (preliminary, final, or otherwise) of any radiological examination. (6) Removing barriers to care rendered by radiologist assistants under the supervision of a radiologist will provide value-based, efficient solutions to improve patient outcomes while ensuring patient safety. SEC. 3. MEDICARE PAYMENT FOR RADIOLOGIST ASSISTANT SERVICES. (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)(K)-- (A) in clause (ii), by striking the semicolon at the end and inserting ``, and''; and (B) by adding at the end the following new clause: ``(iii) radiologist assistant services (as defined in subsection (nnn)(1));''; and (2) by adding at the end the following new subsection: ``(nnn) Radiologist Assistant Services; Radiologist Assistant.-- ``(1) Radiologist assistant services.--The term `radiologist assistant services' means-- ``(A) services which would be physicians' services if furnished by a physician (as defined in subsection (r)(1)) and which are performed by a radiologist assistant (as defined in paragraph (2)) under the supervision of a radiologist; ``(B) services which the radiologist assistant is legally authorized to perform by the State in which the services are performed; and ``(C) such services and supplies furnished as an incident to such services as would be covered under subparagraph (A) if furnished incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) Radiologist assistant.--The term `radiologist assistant' means a radiographer who is certified by the American Registry of Radiologic Technologists as a registered radiologist assistant or by the Certification Board for Radiology Practitioner Assistants as a radiology practitioner assistant to perform radiologist assistant services. ``(3) Rules of construction.--Nothing in this subsection shall be construed as affecting-- ``(A) coverage of and payment for the technical component (including the technical component of a global fee) with respect to imaging services under this title as in effect before the date of the enactment of this subsection; ``(B) the amount of payment made for physicians' services under this title when furnished solely by a radiologist; or ``(C) the amount of payment made under this title for services furnished by a covered facility setting (as defined in section 1848(a)(10)(B)).''. (b) Payment in Relation to Physician Fee Schedule.-- (1) Payment level.--Section 1833(a)(1)(O) of the Social Security Act (42 U.S.C. 1395l(a)(1)(O)) is amended by striking ``or clinical nurse specialists'' and inserting ``clinical nurse specialists, or radiologist assistants''. (2) Application of fee schedule in hospital, ambulatory surgical center settings.--Section 1848(a) of the Social Security Act (42 U.S.C. 1395w-4(a)) is amended by adding at the end the following new paragraph: ``(10) Application of fee schedule for radiologist assistant services in hospital, ambulatory surgical center settings.-- ``(A) In general.--In the case of radiologist assistant services (as defined in section 1861(nnn)(1)) furnished in a covered facility setting (as defined in subparagraph (B)), payment for such services furnished in such setting shall be made to the supervising radiologist in the amount determined pursuant to section 1833(a)(1)(O). ``(B) Covered facility setting defined.--In this paragraph, the term `covered facility setting' means-- ``(i) a hospital or critical access hospital; ``(ii) an ambulatory surgical center; and ``(iii) such other providers of services as the Secretary may specify.''. (3) Payment to supervising radiologist.--Section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended in the first sentence-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of services described in section 1861(s)(2)(K)(iii) (relating to radiologist assistant services), payment shall be made to the supervising radiologist''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2025. <all>