[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2340 Introduced in Senate (IS)]

  2d Session
                                S. 2340

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 SENATE OF THE UNITED STATES

                             July 22, 1998

  Mr. Harkin (for himself and Ms. Mikulski) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 ``Patient Access to Acupuncture 
Services Act of 1998''.

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)) (as amended by section 4557 of the Balanced Budget 
Act of 1997) is amended--
            (1) in subparagraph (S), by striking ``and'' at the end;
            (2) in subparagraph (T), by striking the period at the end 
        and inserting ``; and''; and
            (b) by adding at the end the following:
            ``(U) qualified acupuncturist services (as defined in 
        subsection (uu));''.
    (b) Payment Rules.--
            (1) Determination of amount of payment.--Section 1833(a)(1) 
        of the Social Security Act (42 U.S.C. 1395l(a)(1)) (as amended 
        by section 4556(b) of the Balanced Budget Act of 1997) is 
        amended--
                    (A) by striking ``and'' before ``(S)'', and
                    (B) by striking the semicolon at the end and 
                inserting the following: ``, and (T) with respect to 
                qualified acupuncturist services described in section 
                1861(s)(2)(U), the amounts paid shall be the amount 
                determined by a fee schedule established by the 
                Secretary for purposes of this subparagraph;''.
            (2) Separate payment for services of institutional 
        providers.--Section 1832(a)(2)(B)(iii) of the Social Security 
        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)(U);''.
    (c) Services Described.--Section 1861 of the Social Security Act 
(42 U.S.C. 1395x) (as amended by section 4611(b) of the Balanced Budget 
Act of 1997) is amended by adding at the end the following:

                   ``Qualified Acupuncturist Services

    ``(uu)(1) The term `qualified acupuncturist services' means such 
services (with such frequency limits as the Secretary determines 
appropriate) furnished by a qualified acupuncturist (as defined in 
paragraph (2)) and such services and supplies (with such limits) 
furnished as an incident to services furnished by the qualified 
acupuncturist that the qualified acupuncturist is legally authorized to 
perform under State law (or under a 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 under a State regulatory mechanism provided by State law).''.
    (d) Guidance by Secretary of Health and Human Services.--The 
Secretary of Health and Human Services shall provide States with 
guidance regarding what services a qualified acupuncturist (as defined 
in section 1861(uu)(2) of the Social Security Act (42 U.S.C. 
1395x(uu)(2)) (as added by subsection (c)) should be legally authorized 
to perform under State law (or under a State regulatory mechanism 
provided by State law). In providing such guidance, the Secretary of 
Health and Human Services shall take into consideration the 
recommendations of the Director of the National Institutes of Health 
relating to the effectiveness of certain acupuncture services and 
modalities.
    (e) Effective Date.--The amendments made by this section apply to 
services furnished on or after January 1, 1999.

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) applies 
with respect to services provided on or after January 1, 1999.
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