[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 359 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 359

   To amend title XVIII to revise the payment methodology under the 
 Medicare Program for extra-depth shoes with inserts or custom molded 
           shoes with inserts for individuals with diabetes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2003

  Mr. Foley 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 to revise the payment methodology under the 
 Medicare Program for extra-depth shoes with inserts or custom molded 
           shoes with inserts for individuals with diabetes.

    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 ``Fair and Equitable Expenses for 
Treatment Act of 2003''.

SEC. 2. PAYMENT FOR CERTAIN SHOES AND INSERTS UNDER THE FEE SCHEDULE 
              FOR ORTHOTICS AND PROSTHETICS.

    (a) In General.--Section 1833(o) of the Social Security Act (42 
U.S.C. 1395l(o)) is amended--
            (1) in paragraph (1), by striking ``no more than the limits 
        established under paragraph (2)'' and inserting ``no more than 
        the amount of payment applicable under paragraph (2)''; and
            (2) in paragraph (2), to read as follows:
    ``(2)(A) Except as provided by the Secretary under subparagraphs 
(B) and (C), the amount of payment under this paragraph for custom 
molded shoes, extra depth shoes, and inserts shall be the amount 
determined for such items by the Secretary under section 1834(h).
    ``(B) The Secretary or a carrier may establish payment amounts for 
shoes and inserts that are lower than the amount established under 
section 1834(h) if the Secretary finds that shoes and inserts of an 
appropriate quality are readily available at or below the amount 
established under such section.
    ``(C) In accordance with procedures established by the Secretary, 
an individual entitled to benefits with respect to shoes described in 
section 1861(s)(12) may substitute modification of such shoes instead 
of obtaining one (or more, as specified by the Secretary) pair of 
inserts (other than the original pair of inserts with respect to such 
shoes). In such case, the Secretary shall substitute, for the payment 
amount established under section 1834(h), a payment amount that the 
Secretary estimates will assure that there is no net increase in 
expenditures under this subsection as a result of this subparagraph.''.
    (b) Conforming Amendment.--Section 1834(h)(4)(C) of such Act (42 
U.S.C. 1395m(h)(4)(C)) is amended by inserting ``(and includes shoes 
described in section 1861(s)(12))'' after ``in section 1861(s)(9)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to items furnished on or after January 1, 2004.
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