[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1038 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1038

To amend title XVIII of the Social Security Act to provide for coverage 
   of qualified acupuncturist services under part B of the Medicare 
   Program, and to amend title 5, United States Code, to provide for 
 coverage of such services under the Federal Employees Health Benefits 
                                Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 1997

Mr. Hinchey (for himself, Mr. Filner, Ms. Pelosi, Mr. Dellums, and Mr. 
   DeFazio) introduced the following bill; which was referred to the 
 Committee on Commerce, and in addition to the Committees on Ways and 
    Means, and Government Reform and Oversight, 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

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to provide for coverage 
   of qualified acupuncturist services under part B of the Medicare 
   Program, and to amend title 5, United States Code, to provide for 
 coverage of such services under the Federal Employees Health Benefits 
                                Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Acupuncture Coverage Act of 
1997''.

SEC. 2. COVERAGE OF ACUPUNCTURIST SERVICES UNDER MEDICARE.

    (a) In General.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraphs (N) and 
        (O); and
            (2) by inserting after subparagraph (O) the following new 
        subparagraph:
            ``(P) qualified acupuncturist services (as defined in 
        subsection (oo)); and''.
    (b) Payment Rules.--
            (1) Determination of amount of payment.--Section 1833(a)(1) 
        of such Act (42 U.S.C. 1395l(a)(1)) is amended--
                    (A) by striking ``and'' before ``(P)'', and
                    (B) by striking the semicolon at the end and 
                inserting the following: ``, and (Q) with respect to 
                qualified acupuncturist services described in section 
                1861(s)(2)(P), the amounts paid shall be the amount 
                determined by a fee schedule established by the 
                Secretary for purposes of this subparagraph (but in no 
                event shall such amount exceed the fee schedule amount 
                provided under section 1848 for the same service 
                performed by a physician);''.
            (2) Separate payment for services of institutional 
        providers.--Section 1832(a)(2)(B)(iii) of such Act (42 U.S.C. 
        1395k(a)(2)(B)(iii)) is amended--
                    (A) by striking ``and services'' and inserting 
                ``services''; and
                    (B) by striking the semicolon at the end and 
                inserting the following: ``, and qualified 
                acupuncturist services described in section 
                1861(s)(2)(P);''.
    (c) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) 
is amended by adding at the end the following new subsection:

                   ``Qualified Acupuncturist Services

    ``(oo)(1) The term `qualified acupuncturist services' means such 
services furnished by a qualified acupuncturist (as defined in 
paragraph (2)) and such services and supplies furnished as an incident 
to services furnished by the qualified acupuncturist which the 
qualified acupuncturist is legally authorized to perform under State 
law (or the State regulatory mechanism provided by State law).
    ``(2) The term `qualified acupuncturist' means an individual who 
has been certified, licensed, or registered as an acupuncturist by a 
State (or the State regulatory mechanism provided by State law).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 1998.

SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER FEDERAL EMPLOYEES 
              HEALTH BENEFIT PLANS.

    (a) In General.--Section 8902(k)(1) of title 5, United States Code, 
is amended by inserting ``acupuncturist,'' after ``nurse midwife,'' 
each place it appears.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to services provided after December 31, 1997.
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