I 111th CONGRESS 1st Session H. R. 3092 IN THE HOUSE OF REPRESENTATIVES June 26, 2009 Mrs. Dahlkemper (for herself, Mr. Tim Murphy of Pennsylvania, Ms. Schwartz, Mrs. Halvorson, Mr. Kennedy, Mr. Platts, Mrs. Capps, and Mr. Kind) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to require States to cover medical nutritional therapy as part of Medicaid.

1.

Short title

This Act may be cited as the Obesity Treatment and Wellness Act of 2009.

2.

Findings

(a)Congress finds the following: (1)The Centers for Disease Control and Prevention (CDC) reports that between 1976 and 1980 approximately five percent of youth aged 2–19 were obese. In 2006, the rate had increased to 16.3 percent. (2)The National Center for Education Statistics report in 2009 finds that almost 1 in 5 American 4-year-olds are obese. (3)A New England Journal of Medicine study in 1997 found that children who become obese after age 6 have a 50 percent greater chance of being obese adults. (4)The CDC reports that in 2003, approximately half the costs of treating obesity were paid through Medicare or Medicaid. (5)The CDC reports that in 2000, the total cost of obesity in the United States was estimated to be $117 billion. (6)To address the obesity epidemic, both prevention and treatment strategies are needed.

3.

Requiring medicaid coverage to include coverage of medical nutrition therapy

(a)

Requirement

Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1395a(a)(10)(A)) is amended by striking and (21) and inserting , (21), and (28). (b)

Services described

Section 1905 of such Act (42 U.S.C. 1396D–(a)) is amended— (1)by striking and at the end of paragraph (27); (2)by redesignating paragraph (28) as paragraph (29); and (3)by inserting after paragraph (27) the following new paragraph: (28)medical nutrition therapy (as defined in section 1861(vv)(1)) where a physician or primary care provider considers it medically necessary to treat or prevent the progression of a chronic condition or disease which the individual is considered as having, or at risk of developing, as the result of being overweight and obese; and . (c)

Effective date

(1)Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall apply to calendar quarters beginning on or after October 1, 2010, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2)In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsections (a) and (b), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.