[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1582 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1582

To amend title XVIII of the Social Security Act to authorize expansion 
      of Medicare coverage of medical nutrition therapy services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2005

Mr. Upton (for himself, Ms. Eshoo, Mr. Terry, Mr. Wu, Mr. Becerra, and 
 Mr. Bonner) 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 authorize expansion 
      of Medicare coverage of medical nutrition therapy services.

    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 
Act of 2005''.

SEC. 2. AUTHORIZING EXPANSION OF MEDICARE COVERAGE OF MEDICAL NUTRITION 
              THERAPY SERVICES.

    (a) Authorizing Expanded Eligible Population.--Section 
1861(s)(2)(V) of the Social Security Act (42 U.S.C. 1395x(s)(2)(V)) is 
amended--
            (1) by redesignating clauses (i) through (iii) as 
        subclauses (I) through (III), respectively, and indenting each 
        such clause an additional 2 ems;
            (2) by striking ``in the case of a beneficiary with 
        diabetes or a renal disease who--'' and inserting the 
        following:
                ``in the case of a beneficiary--
                            ``(i) with diabetes or a renal disease 
                        who--'';
            (3) by adding ``or'' at the end of subclause (III) of 
        clause (i), as so designated; and
            (4) by adding at the end the following new clause:
                            ``(ii) who is not described in clause (i) 
                        but who has another disease, condition, or 
                        disorder for which the Secretary has made a 
                        national coverage determination (under section 
                        1869(f)(1)(B)) for the coverage of such 
                        services;''.
    (b) Coverage of Services Furnished by Physicians.--Section 
1861(vv)(1) of such Act (42 U.S.C. 1395x(vv)(1)) is amended by 
inserting ``, physician,'' after ``a registered dietician ''.
    (c) National Coverage Determination Process.--In making a national 
coverage determination described in section 1861(s)(2)(V)(ii) of the 
Social Security Act, as added by subsection (a)(4), the Secretary of 
Health and Human Services, through the Director of the Centers for 
Medicare and Medicaid Services, shall--
            (1) consult with dietetic and nutrition professional 
        organizations in determining appropriate protocols for coverage 
        of medical nutrition therapy services for individuals with 
        different diseases, conditions, and disorders; and
            (2) consider the degree to which medical nutrition therapy 
        interventions prevent or help prevent the onset or progression 
        of more serious diseases, conditions, or disorders.
    (d) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 2006.
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