[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2671 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2671

 To amend title XVIII of the Social Security Act to assure payment for 
 ultrasonic nebulizers as items of durable medical equipment under the 
                           Medicare Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 1997

   Mr. Smith of New Jersey (for himself, Mr. Stearns, Mr. Weldon of 
  Florida, Mr. Kennedy of Rhode Island, Mr. Foley, and Mr. Campbell) 
 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 assure payment for 
 ultrasonic nebulizers as items of durable medical equipment under the 
                           Medicare 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 ``Senior Citizen Respiratory Care 
Preservation Act of 1997''.

SEC. 2. ASSURANCE OF PAYMENT FOR ULTRASONIC NEBULIZERS AS DURABLE 
              MEDICAL EQUIPMENT.

    (a) In General.--
            (1) Medical necessity.--With respect to the furnishing of 
        an ultrasonic nebulizer (as described in paragraph (3)) under 
        part B of title XVIII of the Social Security Act, the 
        determination of medical necessity for such equipment shall be 
        under the same terms and conditions as applied to such 
        equipment on December 1, 1996.
            (2) Reasonable cost.--The amount of payment under part B of 
        such title for such equipment shall be made without respect to 
        alternatives for such equipment.
            (3) Ultrasonic nebulizer described.--For purposes of 
        paragraph (1), an ultrasonic nebulizer described in this 
        paragraph is--
                    (A) an item of durable medical equipment consisting 
                of such a nebulizer for which payment may be made under 
                part B of such title, and
                    (B) that, as of December 1, 1996, for purposes of 
                such payment was assigned HCPCS Code E0575.
    (b) Effective Date.--This Act shall apply with respect to 
ultrasonic nebulizers furnished or in service on or after April 1, 
1997.
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