[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2931 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2931

   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 SENATE OF THE UNITED STATES

                             April 29, 2008

 Ms. Snowe (for herself, Ms. Stabenow, and Mr. Johnson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 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 
Rehabilitative and Assistive Technology Act of 2008''.

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), by striking ``but excluding'' and 
        all that follows and inserting the following: ``but excluding--
                            ``(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, Parkinson's disease, 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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