II
119THCONGRESS
1
STSESSION S. 755
To facilitate the development of treatments for cancers, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY26, 2025
Mr. W
ICKER(for himself and Ms. KLOBUCHAR) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To facilitate the development of treatments for cancers, 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
(1) C
OVERAGE.—Section 1861 of the Social Se-9
curity Act (42 U.S.C. 1395x) is amended— 10
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(A) in subsection (s)(2)— 1
(i) in subparagraph (JJ), by adding 2
‘‘and’’ at the end; and 3
(ii) by adding at the end the following 4
new subparagraph: 5
‘‘(KK) cancer diagnostic and laboratory tests 6
(as defined in subsection (nnn)) furnished on or 7
after the date that is 6 months after the date of the 8
enactment of this subparagraph.’’; and 9
(B) by adding at the end the following new 10
subsection: 11
‘‘(nnn) C
ANCERDIAGNOSTIC AND LABORATORY 12
T
ESTS.— 13
‘‘(1) I
N GENERAL.—The term ‘cancer diag-14
nostic and laboratory tests’ means— 15
‘‘(A) microarray analysis, DNA sequenc-16
ing, RNA sequencing, whole-exome sequencing, 17
and other forms of next-generation sequencing 18
furnished and reported by a clinical laboratory 19
(as defined in section 353(a) of the Public 20
Health Service Act); and 21
‘‘(B) explanation and interpretation of any 22
analysis or sequencing described in subpara-23
graph (A); 24
furnished to an individual diagnosed with cancer. 25
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‘‘(2) FREQUENCY.—When an individual test as 1
described in paragraph (1) reports out the same ge-2
netic content, it may only be furnished with respect 3
to an individual diagnosed with a cancer— 4
‘‘(A) once upon the diagnosis of such can-5
cer; 6
‘‘(B) once upon any recurrence of such 7
cancer; and 8
‘‘(C) as necessary for purposes of planning 9
treatment or monitoring the progression of such 10
cancer or the response of such cancer to treat-11
ment.’’. 12
(2) P
AYMENT.—Section 1833 of the Social Se-13
curity Act (42 U.S.C. 1395l) is amended— 14
(A) in subsection (a)(1)— 15
(i) by striking ‘‘and’’ before ‘‘(HH)’’; 16
and 17
(ii) by inserting the following before 18
the semicolon: ‘‘, and (II) with respect to 19
cancer diagnostic and laboratory tests (as 20
defined in section 1861(nnn)), the amount 21
paid shall be an amount equal to 80 per-22
cent (or 100 percent, in the case of such 23
tests for which payment is made on an as-24
signment-related basis) of the lesser of the 25
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actual charge for the test or the amount 1
that would have been determined for such 2
test under section 1834A had such test 3
been a clinical diagnostic laboratory test;’’; 4
and 5
(B) in subsection (b)— 6
(i) by striking ‘‘, and (13)’’ and in-7
serting ‘‘(13)’’; and 8
(ii) by striking ‘‘1861(n).’’ and insert-9
ing ‘‘section 1861(n), and (14) such de-10
ductible shall not apply with respect to 11
cancer diagnostic and laboratory tests (as 12
defined in section 1861(nnn))’’. 13
(3) E
XCLUSION MODIFICATION .—Section 14
1862(a)(1) of the Social Security Act (42 U.S.C. 15
1395y(a)(1)) is amended— 16
(A) in subparagraph (O), by striking 17
‘‘and’’ at the end; 18
(B) in subparagraph (P), by striking the 19
semicolon and inserting ‘‘, and’’; and 20
(C) by adding at the end the following new 21
subparagraph: 22
‘‘(Q) in the case of cancer diagnostic and lab-23
oratory tests (as defined in section 1861(nnn)), 24
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which are performed more frequently than is covered 1
under such section;’’. 2
(b) M
EDICAID.— 3
(1) I
NCLUSION AS MEDICAL ASSISTANCE .—Sec-4
tion 1905(a) of the Social Security Act (42 U.S.C. 5
1396d(a)) is amended— 6
(A) in paragraph (31), by striking ‘‘and’’ 7
at the end; 8
(B) by redesignating paragraph (32) as 9
paragraph (33); and 10
(C) by inserting after paragraph (31) the 11
following new paragraph: 12
‘‘(32) cancer diagnostic and laboratory tests (as 13
defined in section 1861(nnn)); and’’. 14
(2) M
ANDATORY COVERAGE .—Section 15
1902(a)(10)(A) of such Act is amended, in the mat-16
ter preceding clause (i), by striking ‘‘and (30)’’ and 17
inserting ‘‘(30), and (32)’’. 18
(3) I
NCLUSION IN BENCHMARK COVERAGE .— 19
Section 1937(b)(5) of such Act is amended by in-20
serting before the period at the end the following: ‘‘, 21
and beginning January 1, 2027, coverage of cancer 22
diagnostic and laboratory tests (as defined in section 23
1861(nnn))’’. 24
(4) E
FFECTIVE DATE.— 25
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(A) IN GENERAL.—The amendments made 1
by this section shall apply with respect to items 2
and services furnished on or after January 1, 3
2027. 4
(B) E
XEMPTION FOR STATE LEGISLA -5
TION.—In the case of a State plan under title 6
XIX of the Social Security Act (42 U.S.C. 1396 7
et seq.), or waiver of such plan, that the Sec-8
retary of Health and Human Services deter-9
mines requires State legislation in order for the 10
respective plan to meet any requirement im-11
posed by amendments made by this section, the 12
respective plan shall not be regarded as failing 13
to comply with the requirements of such title 14
solely on the basis of its failure to meet such 15
an additional requirement before the first day 16
of the first calendar quarter beginning after the 17
close of the first regular session of the State 18
legislature that begins after the date of the en-19
actment of this Act. For purposes of the pre-20
vious sentence, in the case of a State that has 21
a 2-year legislative session, each year of the ses-22
sion shall be considered to be a separate regular 23
session of the State legislature. 24
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(c) CHIP.—Section 2103(c) of the Social Security 1
Act (42 U.S.C. 1397cc(c)) is amended by adding at the 2
end the following new paragraph: 3
‘‘(13) C
OVERAGE OF CANCER DIAGNOSTIC AND 4
LABORATORY TESTS.—Regardless of the type of cov-5
erage elected by a State under subsection (a), begin-6
ning January 1, 2025 child health assistance pro-7
vided under such coverage for targeted low-income 8
children and, in the case that the State elects to pro-9
vide pregnancy-related assistance under such cov-10
erage pursuant to section 2112, such pregnancy-re-11
lated assistance for targeted low-income pregnant 12
women (as defined in section 2112(d)), shall include 13
coverage of cancer diagnostic and laboratory tests 14
(as defined in section 1861(nnn)).’’. 15
SEC. 3. EDUCATION AND AWARENESS PROGRAM ON 16
GENOMIC TESTING. 17
(a) I
NGENERAL.—The Secretary of Health and 18
Human Services, in coordination with the Director of the 19
National Human Genome Research Institute, shall carry 20
out an education and awareness program for physicians 21
and the general public on what genomic testing is, how 22
it can be used, and the role of genetic counselors. 23
(b) C
ANCER ANDMOLECULARDIAGNOSTICS.—The 24
education and awareness program under subsection (a) 25
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shall encourage the inclusion in graduate medical edu-1
cation and continuing medical education (including for 2
specialty oncology services) of education and training on 3
the importance of molecular diagnostics at diagnosis and 4
reoccurrence of cancer to detect mutations. 5
Æ
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