I 119THCONGRESS 1 STSESSION H. R. 1620 To facilitate the development of treatments for cancer, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY26, 2025 Ms. M ATSUI(for herself, Mr. BILIRAKIS, Mr. THOMPSONof California, Mr. G RIJALVA, Mr. BACON, Ms. WASSERMANSCHULTZ, Mr. LANDSMAN, Mr. H IMES, Ms. TLAIB, Ms. SEWELL, and Mr. DAVISof North Carolina) in- troduced the following bill; which was referred to the Committee on En- ergy 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 jurisdic- tion of the committee concerned A BILL To facilitate the development of treatments for cancer, and for other purposes. 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 ‘‘Finn Sawyer Access 4 to Cancer Testing Act’’. 5 SEC. 2. COVERAGE OF CANCER DIAGNOSTIC AND LABORA-6 TORY TESTS. 7 (a) M EDICARE.— 8 VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 1620 IH (1) COVERAGE.—Section 1861 of the Social Se-1 curity Act (42 U.S.C. 1395x) is amended— 2 (A) in subsection (s)(2)— 3 (i) in subparagraph (JJ), by adding 4 ‘‘and’’ at the end; and 5 (ii) by adding at the end the following 6 new subparagraph: 7 ‘‘(KK) cancer diagnostic and laboratory tests 8 (as defined in subsection (nnn)) furnished on or 9 after the date that is 6 months after the date of the 10 enactment of this subparagraph.’’; and 11 (B) by adding at the end the following new 12 subsection: 13 ‘‘(nnn) C ANCERDIAGNOSTIC AND LABORATORY 14 T ESTS.— 15 ‘‘(1) I N GENERAL.—The term ‘cancer diag-16 nostic and laboratory tests’ means— 17 ‘‘(A) microarray analysis, DNA sequenc-18 ing, RNA sequencing, whole-exome sequencing, 19 and other forms of next-generation sequencing 20 furnished and reported by a clinical laboratory 21 (as defined in section 353(a) of the Public 22 Health Service Act); and 23 VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 1620 IH ‘‘(B) explanation and interpretation of any 1 analysis or sequencing described in subpara-2 graph (A); 3 furnished to an individual diagnosed with cancer. 4 ‘‘(2) F REQUENCY.—When an individual test as 5 described in paragraph (1) reports out the same ge-6 netic content, it may only be furnished with respect 7 to an individual diagnosed with a cancer— 8 ‘‘(A) once upon the diagnosis of such can-9 cer; 10 ‘‘(B) once upon any recurrence of such 11 cancer; and 12 ‘‘(C) as necessary for purposes of planning 13 treatment or monitoring the progression of such 14 cancer or the response of such cancer to treat-15 ment.’’. 16 (2) P AYMENT.—Section 1833 of the Social Se-17 curity Act (42 U.S.C. 1395l) is amended— 18 (A) in subsection (a)(1)— 19 (i) by striking ‘‘and’’ before ‘‘(HH)’’; 20 and 21 (ii) by inserting the following before 22 the semicolon: ‘‘, and (II) with respect to 23 cancer diagnostic and laboratory tests (as 24 defined in section 1861(nnn)), the amount 25 VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 1620 IH paid shall be an amount equal to 80 per-1 cent (or 100 percent, in the case of such 2 tests for which payment is made on an as-3 signment-related basis) of the lesser of the 4 actual charge for the test or the amount 5 that would have been determined for such 6 test under section 1834A had such test 7 been a clinical diagnostic laboratory test;’’; 8 and 9 (B) in subsection (b)— 10 (i) by striking ‘‘, and (13)’’ and in-11 serting ‘‘(13)’’; and 12 (ii) by striking ‘‘1861(n).’’ and insert-13 ing ‘‘section 1861(n), and (14) such de-14 ductible shall not apply with respect to 15 cancer diagnostic and laboratory tests (as 16 defined in section 1861(nnn))’’. 17 (3) E XCLUSION MODIFICATION .—Section 18 1862(a)(1) of the Social Security Act (42 U.S.C. 19 1395y(a)(1)) is amended— 20 (A) in subparagraph (O), by striking 21 ‘‘and’’ at the end; 22 (B) in subparagraph (P), by striking the 23 semicolon and inserting ‘‘, and’’; and 24 VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 1620 IH (C) by adding at the end the following new 1 subparagraph: 2 ‘‘(Q) in the case of cancer diagnostic and lab-3 oratory tests (as defined in section 1861(nnn)), 4 which are performed more frequently than is covered 5 under such section;’’. 6 (b) M EDICAID.— 7 (1) I NCLUSION AS MEDICAL ASSISTANCE .—Sec-8 tion 1905(a) of the Social Security Act (42 U.S.C. 9 1396d(a)) is amended— 10 (A) in paragraph (31), by striking ‘‘and’’ 11 at the end; 12 (B) by redesignating paragraph (32) as 13 paragraph (33); and 14 (C) by inserting after paragraph (31) the 15 following new paragraph: 16 ‘‘(32) cancer diagnostic and laboratory tests (as 17 defined in section 1861(nnn)); and’’. 18 (2) M ANDATORY COVERAGE .—Section 19 1902(a)(10)(A) of such Act is amended, in the mat-20 ter preceding clause (i), by striking ‘‘and (30)’’ and 21 inserting ‘‘(30), and (32)’’. 22 (3) I NCLUSION IN BENCHMARK COVERAGE .— 23 Section 1937(b)(5) of such Act is amended by in-24 serting before the period at the end the following: ‘‘, 25 VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 1620 IH and beginning January 1, 2027, coverage of cancer 1 diagnostic and laboratory tests (as defined in section 2 1861(nnn))’’. 3 (4) E FFECTIVE DATE.— 4 (A) I N GENERAL.—The amendments made 5 by this section shall apply with respect to items 6 and services furnished on or after January 1, 7 2027. 8 (B) E XEMPTION FOR STATE LEGISLA -9 TION.—In the case of a State plan under title 10 XIX of the Social Security Act (42 U.S.C. 1396 11 et seq.), or waiver of such plan, that the Sec-12 retary of Health and Human Services deter-13 mines requires State legislation in order for the 14 respective plan to meet any requirement im-15 posed by amendments made by this section, the 16 respective plan shall not be regarded as failing 17 to comply with the requirements of such title 18 solely on the basis of its failure to meet such 19 an additional requirement before the first day 20 of the first calendar quarter beginning after the 21 close of the first regular session of the State 22 legislature that begins after the date of the en-23 actment of this Act. For purposes of the pre-24 vious sentence, in the case of a State that has 25 VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 1620 IH a 2-year legislative session, each year of the ses-1 sion shall be considered to be a separate regular 2 session of the State legislature. 3 (c) CHIP.—Section 2103(c) of the Social Security 4 Act (42 U.S.C. 1397cc(c)), as amended by section 5 11405(b)(1) of Public Law 117–169, is amended by add-6 ing at the end the following new paragraph: 7 ‘‘(13) C OVERAGE OF CANCER DIAGNOSTIC AND 8 LABORATORY TESTS.—Regardless of the type of cov-9 erage elected by a State under subsection (a), begin-10 ning January 1, 2027, child health assistance pro-11 vided under such coverage for targeted low-income 12 children and, in the case that the State elects to pro-13 vide pregnancy-related assistance under such cov-14 erage pursuant to section 2112, such pregnancy-re-15 lated assistance for targeted low-income pregnant 16 women (as defined in section 2112(d)), shall include 17 coverage of cancer diagnostic and laboratory tests 18 (as defined in section 1861(nnn)).’’. 19 SEC. 3. EDUCATION AND AWARENESS PROGRAM ON 20 GENOMIC TESTING. 21 (a) I NGENERAL.—The Secretary of Health and 22 Human Services, in coordination with the Director of the 23 National Human Genome Research Institute, shall carry 24 out an education and awareness program for physicians 25 VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 1620 IH and the general public on what genomic testing is, how 1 can be used, and the role of genetic counselors. 2 (b) C ANCER ANDMOLECULARDIAGNOSTICS.—The 3 education and awareness program under subsection (a) 4 shall encourage the inclusion in graduate medical edu-5 cation and continuing medical education (including for 6 specialty oncology services) of education and training on 7 the importance of molecular diagnostics at diagnosis and 8 reoccurrence of cancer to detect mutations. 9 Æ VerDate Sep 11 2014 04:53 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1620.IH H1620 kjohnson on DSK7ZCZBW3PROD with $$_JOB