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House Committee on Energy and CommerceHealthHouse Committee on Ways and MeansIntroducedMarch 25th, 2009
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Patient Access to Critical Lab Tests Act
To require that certain complex diagnostic laboratory tests performed by an independent laboratory after a hospital outpatient encounter or inpatient stay during which the specimen involved was collected shall be treated as services for which payment may be made directly to the laboratory under part B of title XVIII of the Social Security Act.
Patient Access to Critical Lab Tests Act - Expresses the sense of Congress that: (1) where practical, Medicare regulations and policies should be written to promote development of and access to certain highly specialized laboratory tests; and (2) certain Medicare regulations should be revised to permit laboratories furnishing such tests to bill for and be paid directly by Medicare for furnishing them. Declares that, whenever a laboratory performs a covered complex diagnostic laboratory test, with respect to a specimen collected from an individual during a period in which the individual is a hospital patient, if the test is performed after such period, the Secretary of Health and Human Services shall treat such test, for purposes of making direct payment to the laboratory, as if the specimen had been collected by the laboratory directly. Defines "covered complex diagnostic laboratory test" as: (1) an analysis of DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, chromosomal changes, biochemical changes, cell response, or gene expression or is a cancer chemotherapy sensitivity assay, with certain exceptions; (2) a diagnostic X-ray or other diagnostic test; (3) one developed and performed by a laboratory independent of the hospital in which the specimen involved was collected, and not under any arrangements with such hospital; and (4) one not furnished by such hospital, directly or under any arrangements made by it.