Senate Passes H.R. 6331 Medicare Improvements for Patients and Providers Act of 2008

July 10, 2008 – The U.S. Senate passed legislation H.R. 6331 to prevent the 10.6 percent reduction in physician fees scheduled to take effect on July 1 and provided a 1.1 percent increase in the conversion factor for calendar year 2009. For the first time since his surgery and treatment for cancer, Senator Edward Kennedy (D-MA) returned to the Senate to cast the needed 60th vote to prevent a filibuster and allow for the bill's passage.

Two weeks ago, the Senate was unable to pass the House-passed Medicare bill, which failed by a vote of 58 to 40. With Senator Kennedy's arrival to cast the 60th Democratic vote along with nine Republicans, who cast their votes in favor of the bill. The final vote was 69 to 30. Senator McCain was the single Senator who did not cast a vote.

The bill now heads to President Bush who has said repeatedly that he will veto it because he objects to financing restoration of physician payment through cuts to Medicare-managed care plans. It is unclear if the Republican members of the House and Senate would cross the President and vote to override his veto, or if the President will veto given the strong votes in both the House and Senate. The extension of the current payment rate is due to expire on July 14. Legislation or a second administrative extension is needed to prevent the 10 percent payment reduction from taking place. While it is anticipated that eventually legislation will pass to prevent the reduction in fees, when it will occur is uncertain.

ASH thanks all members who participated in the Society's advocacy efforts and campaigns. We will continue to provide updates as new information becomes available.