[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1225 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1225

 To amend title XVIII of the Social Security Act to expand coverage of 
   medical nutrition therapy services under the Medicare Program for 
               beneficiaries with cardiovascular disease.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2003

   Mr. Upton (for himself, Ms. Eshoo, Mr. Hayworth, Mr. Becerra, Mr. 
Terry, Mr. Tanner, Mr. Gordon, and Mr. Frost) introduced the following 
 bill; which was referred to the Committee on Energy and 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 expand coverage of 
   medical nutrition therapy services under the Medicare Program for 
               beneficiaries with cardiovascular disease.

    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 
Amendment Act of 2003''.

SEC. 2. COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES FOR 
              BENEFICIARIES WITH CARDIOVASCULAR DISEASES.

    (a) In General.--Section 1861(s)(2)(V) of the Social Security Act 
(42 U.S.C. 1395x(s)(2)(V)) is amended to read as follows:
            ``(V) medical nutrition therapy services (as defined in 
        subsection (vv)(1)) in the case of a beneficiary--
                    ``(i) with a cardiovascular disease (including 
                congestive heart failure, arteriosclerosis, 
                hyperlipidemia, hypertension, and 
                hypercholesterolemia), diabetes, or a renal disease (or 
                a combination of such conditions) who--
                            ``(I) has not received diabetes outpatient 
                        self-management training services within a time 
                        period determined by the Secretary;
                            ``(II) is not receiving maintenance 
                        dialysis for which payment is made under 
                        section 1881; and
                            ``(III) meets such other criteria 
                        determined by the Secretary after consideration 
                        of protocols established by dietitian or 
                        nutrition professional organizations; or
                    ``(ii) with a combination of such conditions who--
                            ``(I) is not described in clause (i) 
                        because of the application of subclause (I) or 
                        (II) of such clause;
                            ``(II) receives such medical nutrition 
                        therapy services in a coordinated manner (as 
                        determined appropriate by the Secretary) with 
                        any services described in such subclauses that 
                        the beneficiary is receiving; and
                            ``(III) meets such other criteria 
                        determined by the Secretary after consideration 
                        of protocols established by dietitian or 
                        nutrition professional organizations
        for such number of hours as the Secretary may specify, except 
        that, in the case of a beneficiary with a cardiovascular 
        disease, such number may not exceed 3 hours in a year without a 
        determination of a physician that additional hours are 
        medically necessary in that year due to a change in medical 
        condition, diagnosis, or treatment regime of the patient;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to services furnished on or after the date of the 
enactment of this Act.
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