[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1375 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1375

To amend title XVIII of the Social Security Act to provide for coverage 
   under part B of the Medicare Program of medical nutrition therapy 
       services furnished by registered dietitians and nutrition 
                             professionals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 1997

Mr. Ensign (for himself, Mr. Serrano, Mrs. Johnson of Connecticut, Mr. 
 Abercrombie, Mr. Ackerman, Mr. Baesler, Mr. Berman, Mr. Blagojevich, 
 Mr. Boehlert, Mr. Bonior, Mr. Borski, Mr. Boucher, Mr. Brown of Ohio, 
   Mr. Calvert, Ms. Christian-Green, Mrs. Clayton, Mr. Clyburn, Mr. 
 Costello, Mr. Coyne, Mr. Davis of Illinois, Mr. DeFazio, Ms. DeGette, 
   Mr. Engel, Mr. English of Pennsylvania, Ms. Eshoo, Mr. Evans, Mr. 
     Faleomavaega, Mr. Flake, Mr. Foglietta, Mr. Ford, Mr. Fox of 
  Pennsylvania, Mr. Frank of Massachusetts, Mr. Frost, Ms. Furse, Mr. 
   Gejdenson, Mr. Gibbons, Mr. Gilman, Mr. Gonzalez, Mr. Gordon, Mr. 
Gutierrez, Mr. Hall of Ohio, Mr. Hastings of Florida, Mr. Hinchey, Ms. 
Kaptur, Mrs. Kelly, Mr. Kennedy of Massachusetts, Mr. Kildee, Mr. King, 
Mr. Klug, Mr. Kucinich, Mr. LaHood, Mr. Lazio of New York, Mr. Lewis of 
Georgia, Mr. McCrery, Mr. McGovern, Mrs. Maloney of New York, Mrs. Mink 
  of Hawaii, Mr. Moakley, Mr. Neal of Massachusetts, Mr. Nadler, Mr. 
 Olver, Mr. Ortiz, Ms. Pelosi, Mr. Peterson of Minnesota, Ms. Pryce of 
   Ohio, Mr. Rahall, Mr. Reyes, Ms. Rivers, Mr. Rush, Mr. Sabo, Mr. 
 Sanders, Mr. Sawyer, Mr. Schumer, Mr. Shays, Ms. Slaughter, Mr. Adam 
Smith of Washington, Mr. Snyder, Mr. Solomon, Ms. Stabenow, Mr. Tanner, 
 Mrs. Thurman, Mr. Tierney, Mr. Torres, Mr. Towns, Mr. Traficant, Mr. 
Vento, Mr. Visclosky, Mr. Walsh, Mr. Waxman, Mr. Weldon of Florida, Mr. 
   Weygand, Mr. Wise, Mr. Yates, Mr. Young of Alaska, Mr. Leach, Ms. 
  Lofgren, Mr. Delahunt, Mr. Nethercutt, Ms. DeLauro, Mr. Maloney of 
  Connecticut, Mr. Pallone, and Mrs. Meek of Florida) introduced the 
following bill; which was referred to the Committee on Commerce, and in 
    addition to the Committee on Ways and Means, 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 
   under part B of the Medicare Program of medical nutrition therapy 
       services furnished by registered dietitians and nutrition 
                             professionals.

    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 ``Medicare Medical Nutrition Therapy 
Act of 1997''.

SEC. 2. MEDICARE COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES.

    (a) Coverage.--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) medical nutrition therapy services (as defined in 
        subsection (oo)(1));''.
    (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) 
is amended by adding at the end the following new subsection:

``Medical Nutrition Therapy Services; Registered Dietitian or Nutrition 
                              Professional

    ``(oo)(1) The term `medical nutrition therapy services' means 
nutritional diagnostic, therapy, and counseling services which are 
furnished by a registered dietitian or nutrition professional (as 
defined in paragraph (2)) pursuant to a referral by a physician (as 
defined in subsection (r)(1)).
    ``(2) Subject to paragraph (3), the term `registered dietitian or 
nutrition professional' means an individual who--
            ``(A) holds a baccalaureate or higher degree granted by a 
        regionally accredited college or university in the United 
        States (or an equivalent foreign degree) with completion of the 
        academic requirements of a program in nutrition or dietetics, 
        as accredited by an appropriate national accreditation 
        organization recognized by the Secretary for this purpose;
            ``(B) has completed at least 900 hours of supervised 
        dietetics practice under the supervision of a registered 
        dietitian or nutrition professional; and
            ``(C)(i) is licensed or certified as a dietitian or 
        nutrition professional by the State in which the services are 
        performed, or
            ``(ii) in the case of an individual in a State which does 
        not provide for such licensure or certification, meets such 
        other criteria as the Secretary establishes.
    ``(3) Subparagraphs (A) and (B) of paragraph (2) shall not apply in 
the case of an individual who as of the date of the enactment of this 
subsection is licensed or certified as a dietitian or nutrition 
professional by the State in which medical nutrition therapy services 
are performed.''.
    (c) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 
1395l(a)(1)) is amended--
            (1) by striking ``and'' before ``(P)'', and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (Q) with respect to medical nutrition 
        therapy services (as defined in section 1861(oo)), the amount 
        paid shall be 80 percent of the lesser of the actual charge for 
        the services or the amount determined under the fee schedule 
        established under section 1848(b) for the same services if 
        furnished by a physician''.
    (d) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 1998.
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