[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 818 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 818

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

                           February 15, 2005

 Mr. Hinchey (for himself, Mr. Abercrombie, Mr. Ackerman, Mr. Conyers, 
 Mr. Farr, Mr. Filner, Mr. Frank of Massachusetts, Ms. Jackson-Lee of 
   Texas, Mr. Jefferson, Mr. Kildee, Mr. Kucinich, Mr. Lantos, Mrs. 
 McCarthy, Mr. McNulty, Mr. Gary G. Miller of California, Mr. Nadler, 
 Mr. Royce, Mr. Sanders, Mr. Schiff, Mr. Towns, Mr. Waxman, Mr. Wolf, 
  Ms. Woolsey, and Mr. Wynn) 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 
2005''.

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 (Y);
            (2) by inserting ``and'' at the end of subparagraph (Z); 
        and
            (3) by adding at the end the following new subparagraph:
            ``(AA) qualified acupuncturist services (as defined in 
        subsection (bbb)); 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

    ``(bbb)(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 ``(V)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (W) with respect to qualified 
                acupuncturist services described in section 
                1861(s)(2)(AA), 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, 2006.

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 on or after January 1, 2006.
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