I 118THCONGRESS 1 STSESSION H. R. 133 To amend title XVIII of the Social Security Act to clarify the use of the national coverage determination process under the Medicare program. IN THE HOUSE OF REPRESENTATIVES JANUARY9, 2023 Mr. B UCHANAN(for himself, Ms. BARRAGA´N, and Ms. SALAZAR) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend title XVIII of the Social Security Act to clarify the use of the national coverage determination process under the Medicare program. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Mandating Exclusive 4 Review of Individual Treatments (MERIT) Act’’. 5 VerDate Sep 11 2014 03:51 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H133.IH H133 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 133 IH SEC. 2. CLARIFICATION ON MEDICARE NATIONAL COV-1 ERAGE DETERMINATION PROCESS. 2 Section 1862(a) of the Social Security Act (42 U.S.C. 3 1395y(a)) is amended by adding at the end the following 4 new sentence: ‘‘For purposes of paragraph (1)(E), in the 5 case of research conducted pursuant to section 1142, the 6 determination of whether a drug or biological is reasonable 7 and necessary to carry out the purposes of section 1142 8 shall be made with respect to each drug or biological in-9 volved and not with respect to a class of drugs or 10 biologicals.’’. 11 Æ VerDate Sep 11 2014 03:51 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H133.IH H133 pbinns on DSKJLVW7X2PROD with $$_JOB