[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1477 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1477

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 HOUSE OF REPRESENTATIVES

                             March 27, 2003

 Mr. Hinchey (for himself, Mr. Abercrombie, Mr. Ackerman, Mr. Brady of 
  Pennsylvania, Mr. Conyers, Mr. Tom Davis of Virginia, Mr. Davis of 
       Illinois, Mr. DeFazio, Mr. Farr, Mr. Filner, Mr. Frank of 
 Massachusetts, Mr. Frost, Mr. Gutierrez, Ms. Norton, Mr. Kildee, Mr. 
 Kucinich, Ms. Lee, Mr. George Miller of California, Mrs. Napolitano, 
  Mr. Rohrabacher, Mr. Royce, Ms. Loretta Sanchez of California, Mr. 
  Sanders, Ms. Schakowsky, Mr. Schiff, Mr. Serrano, Mr. Sherman, Ms. 
    Solis, Mr. Thompson of Mississippi, Mr. Waxman, and Mr. Wexler) 
 introduced the following bill; which was referred to the Committee on 
  Energy and Commerce, and in addition to the Committees on Ways and 
     Means, and Government Reform, 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 
   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 ``Federal Acupuncture Coverage Act of 
2003''.

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)) is amended--
            (1) by striking ``and'' at the end of subparagraph (U);
            (2) by inserting ``and'' at the end of subparagraph (V); 
        and
            (3) by adding at the end the following new subparagraph:
            ``(W) qualified acupuncturist services (as defined in 
        subsection (ww)); and''.
    (b) Services Described.--Section 1861 of the Social Security Act 
(42 U.S.C. 1395x) is amended by adding at the end the following new 
subsection:

                   ``Qualified Acupuncturist Services

    ``(ww)(1) The term `qualified acupuncturist services' means such 
services furnished by a qualified acupuncturist (as defined in 
paragraph (2)) and such services and supplies furnished as an incident 
to services furnished by the qualified acupuncturist which the 
qualified acupuncturist is legally authorized to perform under State 
law (or the 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 the State regulatory mechanism provided by State law).''.
    (c) Payment Rules.--
            (1) Determination of amount of payment.--Section 1833(a)(1) 
        of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended--
                    (A) by striking ``and'' before ``(U)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (V) with respect to qualified 
                acupuncturist services described in section 
                1861(s)(2)(W), the amounts paid shall be the amount 
                determined by a fee schedule established by the 
                Secretary for purposes of this clause (but in no event 
                shall such amount exceed the fee schedule amount 
                provided under section 1848 for the same service 
                performed by a physician);''.
            (2) Separate payment for services of institutional 
        providers.--Section 1833(a)(2)(B) of such Act (42 U.S.C. 
        1395l(a)(2)(B)) is amended, in clauses (i) and (ii), by 
        inserting ``and in the case of qualified acupuncturist services 
        furnished at any time'' after ``1999,'' each place it appears.
    (d) Effective Date.--The amendments made by this section apply to 
services furnished on or after January 1, 2004.

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) Effective Date.--The amendment made by subsection (a) applies 
with respect to services provided after December 31, 2003.
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