[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 245 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. CON. RES. 245

Recognizing the life-saving role of ostomy care and prosthetics in the 
  daily lives of hundreds of thousands of people in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2010

Mr. Lance (for himself and Mr. Holt) submitted the following concurrent 
resolution; 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

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Recognizing the life-saving role of ostomy care and prosthetics in the 
  daily lives of hundreds of thousands of people in the United States.

Whereas over 700,000 people in the United States, from young children to senior 
        citizens, have an ostomy, a surgical procedure that creates an 
        artificial opening in the abdomen to the intestines or urinary system to 
        allow for the elimination of bodily wastes;
Whereas an ostomy procedure is essential to many patients who suffer on a daily 
        basis from serious, chronic, or life-threatening traumatic injury to the 
        abdomen, illnesses and conditions, such as colorectal or bladder cancer, 
        Crohn's Disease, Ulcerative Colitis, birth defects, or other intestinal 
        or urinary medical conditions;
Whereas following ostomy surgery, patients need specially-fitted medical 
        products to manage, temporarily or permanently restore intestinal or 
        urinary system function, or re-establish activities of daily living, and 
        improve quality of life;
Whereas ostomy products are prosthetic devices prescribed by health care 
        providers and meet the definition of prosthetics under Medicare;
Whereas however, ostomy products are currently reimbursed under Medicare as 
        medical supplies, not prosthetics;
Whereas there is a significant inconsistency under the Medicare program between 
        the coverage category of, and reimbursement policy for, ostomy products;
Whereas Federal Medicaid statutes do not require coverage of prosthetics, 
        including ostomy products;
Whereas Medicare's inconsistent policy and reimbursement approach to ostomy 
        products and Medicaid's lack of required coverage for ostomy products 
        could affect access for patients in need;
Whereas ostomy products are customized to the clinical needs of individual 
        patients and are not the same as other easily interchangeable medical 
        supplies such as gauze and bandages;
Whereas Congress has previously recognized the physical, psychological, and 
        emotional importance of restoring function and improving the quality of 
        life through enactment of the Women's Health and Cancer Rights Act of 
        1998 (Public Law 105-277), which requires coverage of surgery to 
        reconstruct the breast after a mastectomy, including any prostheses;
Whereas ongoing advances and innovation in ostomy prosthetics technology can 
        dramatically improve the lives of those who undergo ostomy surgery, by 
        helping to normalize their intestinal or urinary system function, 
        improve physical well-being, and often enable the individual to rejoin 
        the workforce; and
Whereas the Department of Health and Human Services has recognized the need to 
        improve its use of resources and authorities to encourage and facilitate 
        the development and use of new medical technologies: Now, therefore, be 
        it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) recognizes the life-saving role of ostomy care and 
        prosthetics in the daily lives of hundreds of thousands of 
        people in the United States;
            (2) recognizes if a surgical procedure results in a patient 
        needing a prosthetic that manages, or temporarily or 
        permanently restores intestinal or urinary system function, 
        specifically the control of the elimination of the body's waste 
        products, then that custom-fit, medically prescribed prosthetic 
        should be available to patients without substitution and be 
        adequately reimbursed;
            (3) urges that ostomy products be recognized, categorized, 
        covered, and reimbursed in a new payment category of 
        ``prosthetic supplies'' consistent with Medicare's current 
        recognition of ostomy products as prosthetics; and
            (4) urges the Secretary of the Department of Health and 
        Human Services to ensure that the department's programs, 
        policies, and payment practices facilitate, and do not 
        discourage, innovation of and access to medical devices that 
        restore or improve intestinal or urinary system function of 
        people in the United States with an ostomy.
                                 <all>