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CIVIC HERALD
HR 5343 · 119th Congress · HouseOther

Ensuring Patient Access to Critical Breakthrough Products Act

In plain language: This bill requires Medicare to provide four years of temporary insurance coverage for new, cutting-edge medical devices that earn breakthrough status from the Food and Drug Administration. To qualify, device makers must provide clinical data showing the technology is safe and effective for Medicare patients. The measure also allows health officials to audit and review healthcare providers who show suspicious or unusually high billing patterns for these new treatments.

Provisional: our plain-language summary, pending review.

Provisionalunreviewed: impact, issue tags, provisions, stakeholders, summary
People affectednot determinable from the text provided; impacts Medicare beneficiaries eligible for breakthrough medical devices and device manufacturers, but no specific counts are stated.
Fiscal magnitude$60.0Mprovisional · pending reviewSec. 2(c) explicitly appropriates $10,000,000 for each of fiscal years 2025 through 2030 ($60,000,000 total) to the CMS Program Management Account; broader changes in Medicare benefit spending are not determinable from the text.
Reach52provisional · pending reviewrigor: heuristic llm
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Issues

What this bill touches.

Spending vs. restraint+20Government role in coverage+30

The sign shows the bill's direction on each issue (+ toward, − away); the number is its magnitude. Color never encodes good or bad, and never party.

Who it affects

Who it helps · who it burdens.

Who it helps

  • Medical device manufacturersCan apply for and receive a four-year transitional Medicare coverage period for qualifying FDA-cleared or approved breakthrough devices, with decisions required within six months.provisional
  • Medicare beneficiariesGain up to four years of Medicare coverage for qualifying FDA breakthrough medical devices used according to approved labeling and indications.provisional
  • Centers for Medicare & Medicaid ServicesReceives $10 million in direct appropriations for each fiscal year from 2025 through 2030 to administer the transitional breakthrough device coverage program.provisional

Who it burdens

  • Department of Health and Human ServicesMust establish an application and designation process for breakthrough devices, evaluate clinical criteria, issue rulings within six months (with written explanations for denials), and submit annual reports to Congress.provisional
  • Healthcare providers and suppliers with outlier billing patternsSubject to medical necessity and reasonableness reviews by HHS if they exhibit aberrant or outlier billing patterns for breakthrough devices.provisional

Dollar-level funding (FEC sector totals) is coming in a later phase.

What it does

The provisions, in plain language.

  1. Provides a four-year transitional Medicare coverage period for qualifying FDA breakthrough medical devices used in accordance with their approved labeling and indications, provided the device does not pose an undue risk of harm.

    Sec. 2(a)provisional
  2. Requires HHS, beginning 18 months after enactment, to establish a process to designate qualifying FDA-cleared or approved breakthrough devices for transitional Medicare coverage upon manufacturer application.

    Sec. 2(a)(3)provisional
  3. Requires HHS to rule on breakthrough device applications within six months and provide a written explanation identifying failed criteria if an application is denied.

    Sec. 2(a)(3)provisional

How your members of Congress line up

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Timeline

How it moved.

  1. Sep 17, 2025Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 37 - 3.
  2. Sep 15, 2025Introduced in House
  3. Sep 15, 2025Introduced in House

The original text

Read it for yourself.

Sources & provenance

Congress.govrefreshed 9 days ago

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