Landmark Medicare Copay Fairness Act Gains a Cosponsor

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Landmark Medicare Copay Fairness Act Gains a Cosponsor

Representative Veasey renders his support for the bill

Representative Marc Veasey (D-TX) became the latest cosponsor of H.R. 3006, the Medicare Beneficiary Co-Pay Fairness Act. As a key member of the influential House Committee on Energy & Commerce, Representative Veasey provides critical leadership in shaping national healthcare policy.

H.R. 3006 is a common-sense, bipartisan bill that addresses a significant and unfair financial burden placed on America’s seniors. Currently, a provision in Medicare’s payment structure for ASCs unfairly penalizes seniors. While Medicare Part B beneficiaries face a standard 20 percent coinsurance payment for procedures in both ASCs and hospital outpatient departments (HOPD), only HOPD copays are capped at the inpatient deductible, currently set at $1,676 for 2025, and rising to $1,736 for 2026. This leaves ASC patients exposed to potentially higher out-of-pocket costs for approximately 183 procedures, even when choosing the often more efficient and lower-cost ASC setting.

For low-income Medicare Part B beneficiaries who cannot afford supplemental Medigap or Medicare supplement insurance, this loophole can force them to pay a higher copay for a procedure in an ASC than they would for the same service in a more expensive HOPD. Even though the cost to Medicare is lower when the same service is performed in an ASC. This outdated policy creates a direct financial penalty for seniors who choose their care in the high-quality, lower-cost setting of an ASC. Moreover, this law perversely incentivizes beneficiaries to choose the higher-cost HOPD setting.

The Medicare Beneficiary Co-Pay Fairness Act corrects this outdated flaw by extending the existing cap to ASCs. The legislative fix ensures that a beneficiary’s out-of-pocket cost at an ASC is equal to what it would be at a HOPD for impacted procedures, removing an unnecessary barrier and lowering out-of-pocket costs for millions of patients.

Notably, Congressman Veasey’s support for H.R. 3006 and the ASC community at large is not new; it is part of his consistent, decade-long commitment to access issues. His dedication to Medicare patients and smart, patient-first policy has been evident for more than a decade. He has repeatedly championed efforts ASCA supports to level the playing field for seniors, including his cosponsorship of past versions of ASCA’s federal legislation, like H.R. 1838 in the 115th Congress and H.R. 2500 in the 113th Congress.

As a respected congressional leader from Texas—a state with hundreds of ASCs providing essential, high-quality outpatient care to communities—and as a member of the powerful Energy & Commerce Committee, Congressman Veasey’s voice is particularly impactful. His support carries a strong message in Congress that protecting seniors from unfair copays is a vital priority. His work helps ensure that Medicare beneficiaries can access the care they need in the safe, efficient, and cost-effective settings that ASCs provide.

ASCA and its member facilities in Texas and across the nation are grateful for champions like Rep. Veasey. ASCA thanks him for his enduring partnership and looks forward to working with him and his colleagues on the Energy & Commerce Committee to advance this critical legislation.

Write David Opong‑Wadee at dopongwadee@ascassociation.org with any questions.