H.R. 4043 · 117th Congress
Ensuring Patient Access to Critical Breakthrough Products Act of 2021
Introduced on Jun 22, 2021 by Suzan K. DelBene (D-WA-1). 33 cosponsors, 15 of them from another party. Latest action (Jun 23, 2021): Referred to the Subcommittee on Health.
- Stage
- Introduced
- Introduced
- Jun 22, 2021
- Cosponsors
- 33
- 15 from the other party
- Policy area
- Health
Progress
The furthest stage the measure reached. Simple and concurrent resolutions do not go to the President.
- Introduced
- 2Reported by committee
- 3Passed one chamber
- 4Passed both chambers
- 5Sent to the President
- 6Became law
Official title
To amend title XVIII of the Social Security Act to ensure prompt coverage of breakthrough devices under the Medicare program, and for other purposes.
Subjects
- Congressional oversight
- Drug safety, medical device, and laboratory regulation
- Government studies and investigations
- Health care coverage and access
- Health information and medical records
- Health technology, devices, supplies
- Home and outpatient care
- Hospital care
- Medicare
Summary
By the Congressional Research Service (Introduced in House, Jun 22, 2021). Public domain.
Ensuring Patient Access to Critical Breakthrough Products Act of 2021
This bill provides for Medicare coverage of medical devices that are approved under the Food and Drug Administration (FDA) Breakthrough Devices Program. (Under the program, manufacturers work with the FDA to expedite the review and approval of certain medical devices that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating human diseases or conditions.)
The bill allows designated medical breakthrough devices to be temporarily covered under Medicare during a four-year transitional period. The Centers for Medicare & Medicaid Services (CMS) must assign payment codes for such devices within three months of FDA approval. The CMS must also establish a process to allow for continued coverage after the transitional period has expired, taking into account any additional evidence or data the CMS deems necessary.
The CMS must also provide for temporary and, where appropriate, permanent Medicare coverage of breakthrough devices for which there is no existing benefit category (i.e., classification).
Sponsor and cosponsors
Cosponsors by party as of the day they signed on. Original cosponsors signed on the day of introduction.
Democrats · 18
- Tony CárdenasD-CA-29original
- Terri A. SewellD-AL-7original
- Thomas R. SuozziD-NY-3signed on Jul 30, 2021
- Chrissy HoulahanD-PA-6signed on Aug 31, 2021
- Ami BeraD-CA-7signed on Sep 21, 2021
- Brendan F. BoyleD-PA-2signed on Sep 21, 2021
- James P. McGovernD-MA-2signed on Sep 21, 2021
- J. Luis CorreaD-CA-46signed on Sep 30, 2021
- Kim SchrierD-WA-8signed on Oct 15, 2021
- Chris PappasD-NH-1signed on Oct 22, 2021
- Susan WildD-PA-7signed on Oct 22, 2021
- Scott H. PetersD-CA-52signed on Nov 5, 2021
- Angie CraigD-MN-2signed on Nov 16, 2021
- Ted LieuD-CA-33signed on Nov 16, 2021
- Pete AguilarD-CA-31signed on Jan 21, 2022
- Madeleine DeanD-PA-4signed on Jan 21, 2022
- Conor LambD-PA-17signed on Apr 6, 2022
- Jake AuchinclossD-MA-4signed on Oct 7, 2022
Republicans · 15
- Gus M. BilirakisR-FL-12original
- Fred UptonR-MI-6original
- Jackie WalorskiR-IN-2original
- Neal P. DunnR-FL-2signed on Aug 31, 2021
- Dan CrenshawR-TX-2signed on Sep 30, 2021
- Brad R. WenstrupR-OH-2signed on Sep 30, 2021
- Mike KellyR-PA-16signed on Nov 16, 2021
- David B. McKinleyR-WV-1signed on Nov 16, 2021
- Liz CheneyR-WYsigned on Jan 21, 2022
- Tom EmmerR-MN-6signed on Jan 21, 2022
- Carol D. MillerR-WV-3signed on Jan 21, 2022
- Lloyd SmuckerR-PA-11signed on Jan 21, 2022
- Michelle SteelR-CA-48signed on Jan 21, 2022
- John JoyceR-PA-13signed on Mar 15, 2022
- Jason SmithR-MO-8signed on Mar 17, 2022
Roll calls
Recorded votes on the measure. Most measures move by voice vote or unanimous consent, which record no individual positions.
No recorded roll call on this measure: it moved by voice vote or unanimous consent, or has not reached the floor.
History
Every action as published, oldest first. Roll calls link to how each member voted.
- Jun 22, 2021Introduced in House
- Jun 22, 2021Introduced in House
- Jun 22, 2021 · HouseReferred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Jun 22, 2021 · HouseReferred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Jun 22, 2021 · HouseReferred to the Subcommittee on Health.
- Jun 23, 2021 · HouseReferred to the Subcommittee on Health.
Committees
Committees and subcommittees the measure was referred to.
Agencies in its committees' jurisdiction
Analisa's mapping of committee jurisdiction to federal agencies; the bill may touch others, or none of these.
Who lobbied on it
Organizations whose lobbying reports (LD-2) name this measure. Spending is what they reported for those quarters on all issues, not on this measure alone.
- EDWARDS LIFESCIENCES1 report$380K reported (all issues)Federal contractor: EDWARDS LIFESCIENCES LLC$28.4M in contracts, FY2026AI match · 100%
Reports filed in 2023.
Sources and method
Every figure on this page traces to these records.
- Bill status: bills and resolutions, sponsors, actions, subjects and CRS summaries (U.S. Government Publishing Office (GovInfo), from Congress.gov (Library of Congress))GovInfo Bill Status bulk data (Congress.gov; summaries by the Congressional Research Service) · data current to Oct 11, 2026 · loaded Oct 11, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
- Members of Congress, their terms, committees and identifiers (The @unitedstates project (from the Biographical Directory of the U.S. Congress, the House and the Senate))unitedstates/congress-legislators: legislators, committees and current committee membership · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: CC0 1.0 (public domain dedication)
- House roll-call votes (Office of the Clerk, U.S. House of Representatives)Office of the Clerk, U.S. House of Representatives, roll-call vote records · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
- Senate roll-call votes and DW-NOMINATE scores (Voteview (UCLA Department of Political Science))Lewis, Jeffrey B., Keith Poole, Howard Rosenthal, Adam Boche, Aaron Rudkin, and Luke Sonnet (2026). Voteview: Congressional Roll-Call Votes Database. https://voteview.com/ · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Free to use with the required citation
- Lobbying disclosures (LD-1 registrations, LD-2 quarterly reports, LD-203 contribution reports) (Clerk of the U.S. House of Representatives)Clerk of the House, Lobbying Disclosure Act filings (organizations only; lobbyists' names are not loaded) · data current to Oct 11, 2026 · loaded Oct 11, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
- Positions are shown only where a roll call recorded them; voice votes and unanimous consent record none.
- Money and votes are shown side by side; neither explains the other.