[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1938 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1938

To amend title XVIII of the Social Security Act to require appropriate 
  training and certification for suppliers of certain listed items of 
                       orthotics or prosthetics.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1999

  Mr. Wexler 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 require appropriate 
  training and certification for suppliers of certain listed items of 
                       orthotics or prosthetics.

    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 ``William G. Barr Amputee Protection 
Act of 1999''.

SEC. 2. CERTIFICATION OF SUPPLIERS OF CERTAIN ITEMS OF ORTHOTICS AND 
              PROSTHETICS.

    (a) In General.--Section 1834(h)(1) of the Social Security Act (42 
U.S.C. 1395m(h)(1)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) Limitation on payment for listed items.--
                            ``(i) Limitation.--Except as provided in 
                        clause (v), no payment may be made under this 
                        subsection for an item of orthotics and 
                        prosthetics that is specified on a list 
                        established under clause (ii) unless the 
                        individual (as defined in clause (vi)) 
                        furnishing such item has been certified under 
                        clause (iv).
                            ``(ii) Establishment and publication of 
                        list.--The Secretary shall establish and 
                        publish a list of items of orthotics and 
                        prosthetics that the Secretary (in consultation 
                        with appropriate experts in the field of 
                        orthotics and prosthetics) determines that 
                        because of the custom design, fabrication, and 
                        fitting of such an item, the individual 
                        furnishing such item must meet minimum 
                        education requirements in such design, 
                        fabrication, and fitting.
                            ``(iii) Application of limitation.--The 
                        prohibition under clause (i) shall apply to an 
                        item of orthotics and prosthetics furnished on 
                        or after the date that is the first day of the 
                        sixth month that begins after the date on which 
                        the Secretary specifies the item on the list 
                        under clause (ii).
                            ``(iv) Certification.--An individual may be 
                        certified under this clause as follows:
                                    ``(I) In general.--The Secretary 
                                shall establish a process for the 
                                certification of the individual by the 
                                Secretary, by the State in which the 
                                individual practices, or by a qualified 
                                third party certifier (as determined by 
                                the Secretary) as having met, with 
                                respect to items specified on the list 
                                under clause (ii), minimum education 
                                requirements established by the 
                                Secretary based on the criteria 
                                described in subclause (II).
                                    ``(II) Criteria described.--For 
                                purposes of subclause (I), the 
                                regulations prescribed by the 
                                Secretary, in the case of such an 
                                individual who is orthotist or 
                                prosthetist, shall be based upon the 
                                essentials and guidelines established 
                                by the Committee on Allied Health 
                                Education and Accreditation of the 
                                American Medical Association with 
                                respect to education and training 
                                programs, internship or residency 
                                experience, and continuing education 
                                requirements, for the custom design, 
                                fabrication, and fitting of such items. 
                                In the case of such an individual who 
                                is a pedorthist, such regulations shall 
                                be based upon the essentials and 
                                guidelines established by the Committee 
                                for Pedorthic Education Accreditation 
                                with respect to education and training 
                                programs, internship or residency 
                                experience, and continuing education 
                                requirements, for the custom design, 
                                fabrication, and fitting of such items. 
                                In the case of an individual who is a 
                                fitter of orthotics or prosthetics, 
                                such regulations shall be based upon 
                                criteria established by the Secretary 
                                (in conjunction with appropriate 
                                experts in the field of orthotics) with 
                                respect to education and training 
                                programs, internship or residency 
                                experience, and continuing education 
                                requirements, for the fitting of such 
                                items.
                                    ``(III) Certification by reason of 
                                experience.--Notwithstanding subclause 
                                (I), in the case of a individual 
                                practicing in a State which does not 
                                provide for such licensure or 
                                certification, the individual may be 
                                certified under this clause if the 
                                individual has completed at least five 
                                years practice in the field of 
                                orthotics or prosthetics and meets such 
                                other criteria as the Secretary 
                                establishes.
                            ``(v) Rural suppliers excepted.--The 
                        prohibition under clause (i) shall not apply in 
                        the case of a supplier of an item of orthotics 
                        and prosthetics that serves, and is located in, 
                        an area outside a Metropolitan Statistical Area 
                        or a New England County Metropolitan Area.
                            ``(vi) Individual defined.--For purposes of 
                        this subparagraph, the term `individual' means 
                        a supplier of orthotics and prosthetics who is 
                        a practitioner of orthotics or prosthetics or, 
                        in the case of a supplier who is not such a 
                        practitioner, such a practitioner in the employ 
                        of the supplier on a full- or part-time salary 
                        basis.''.
    (b) Deadlines.--
            (1) List of items.--Not later than six months after the 
        date of the enactment of this Act, the Secretary of Health and 
        Human Services shall publish in the Federal Register the list 
        of orthotic and prosthetic items described in clause (ii) of 
        section 1834(h)(1)(F) of the Social Security Act (42 U.S.C. 
        1395m(h)(1)(F)), as added by subsection (a).
            (2) Regulations.--Not later than six months after the date 
        of the enactment of this Act, the Secretary shall issue 
        regulations to carry out the amendment made by subsection (a). 
        In order to carry out this requirement in a timely manner, the 
        Secretary may promulgate regulations that take effect on an 
        interim basis, after notice and pending opportunity for public 
        comment.
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