[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4994 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4994

   To amend title XVIII of the Social Security Act to exempt complex 
  rehabilitation products and assistive technology products from the 
               Medicare competitive acquisition program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

Mr. Lewis of Kentucky 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 exempt complex 
  rehabilitation products and assistive technology products from the 
               Medicare competitive acquisition 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 ``Medicare Access to Complex 
Rehabilitation and Assistive Technology Act of 2006''.

SEC. 2. EXEMPTION OF COMPLEX REHABILITATION AND ASSISTIVE TECHNOLOGY 
              FROM THE MEDICARE COMPETITIVE ACQUISITION PROGRAM.

    (a) In General.--Section 1847(a) of the Social Security Act (42 
U.S.C. 1395w-3(a)) is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``but excluding'' and all that 
                follows through ``Cosmetic Act.'' and inserting ``but 
                excluding--''; and
                    (B) by adding at the end the following new clauses:
                            ``(i) class III devices under the Federal 
                        Food, Drug, and Cosmetic Act; and
                            ``(ii) complex rehabilitation products and 
                        assistive technology products (described in 
                        paragraph (7)(A)) that are prescribed by a 
                        physician and provided by a supplier that is 
                        accredited by an independent accreditation 
                        organization designated under section 
                        1834(a)(20)(B).''; and
            (2) by adding at the end the following new paragraph:
            ``(7) Complex rehabilitation products and assistive 
        technology products described.--
                    ``(A) In general.--For purposes of paragraph 
                (2)(A)(ii), complex rehabilitation products and 
                assistive technology products described in this 
                subparagraph are medically necessary adaptive seating, 
                positioning, and mobility devices and speech generating 
                devices that are evaluated, fitted, configured, 
                adjusted, or programmed to meet the specific and unique 
                needs of an individual with a primary diagnosis 
                resulting from injury or trauma or which is 
                neuromuscular in nature. Such a primary diagnosis 
                includes spinal cord injury, traumatic brain injury, 
                cerebral palsy, muscular dystrophy, spinal muscular 
                atrophy, spina bifida, amyotrophic lateral sclerosis, 
                multiple sclerosis, or any other disease or disability 
                identified by the Secretary as requiring the use of 
                such devices.
                    ``(B) Establishment of medical necessity.--For 
                purposes of subparagraph (A), in establishing medical 
                necessity of a device described in such subparagraph 
                for the treatment of an individual, the Secretary shall 
                consider whether the device is expected to be necessary 
                for such treatment taking into account the diagnosis, 
                prognosis, and functional need of the individual and 
                the expected progression of the disease or disability 
                involved.''.
    (b) Effective Date.--The amendments made by subsection (a) shall be 
effective as if included in the enactment of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
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