[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 152 Introduced in House (IH)]

112th CONGRESS
  1st Session
H. RES. 152

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 8, 2011

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

_______________________________________________________________________

                               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 Crohn's disease, ulcerative colitis, birth defects, serious, 
        chronic, or life-threatening traumatic injury to the abdomen, illnesses 
        and conditions, such as colorectal or bladder cancer, or other 
        intestinal or urinary medical conditions;
Whereas active duty military personnel wounded in battle often receive an ostomy 
        as a result of penetrating colorectal injuries;
Whereas following ostomy surgery, patients need specially selected medical 
        prosthetics to manage, temporarily or permanently restore intestinal or 
        urinary system function, re-establish activities of daily living, 
        improve quality of life; and require access to uniquely skilled ostomy 
        specialty nurses who recommend and customize ostomy products for 
        patients;
Whereas ostomy products are prosthetic devices prescribed by health care 
        providers and meet the definition of prosthetics under the Medicare 
        program;
Whereas, however, ostomy products are reimbursed under the Medicare program as 
        medical supplies and not as prosthetics;
Whereas there is a significant inconsistency under the Medicare program between 
        the coverage category of, and reimbursement policy for, ostomy products;
Whereas the Federal law does not require coverage of prosthetics, including 
        ostomy products, under the Medicaid program;
Whereas Medicare's inconsistent policy and reimbursement approach to ostomy 
        products and Medicaid's inadequate coverage and reimbursement 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 previously has recognized the physical, psychological, and 
        emotional importance of restoring function and improving the quality of 
        life through supporting access to and coverage of 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, by 
        improving physical well-being, and often by enabling them to rejoin the 
        workforce; and
Whereas House of Representatives recognizes the importance of encouraging and 
        facilitating the development and use of new medical technologies: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (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 and the necessity of a specialized 
        ostomy nurse to recommend and customize ostomy prosthesis for 
        the individual;
            (2) recognizes if a surgical procedure results in a patient 
        needing a prosthetic that manages or restores intestinal or 
        urinary system function--specifically the control of the 
        elimination of the body's waste products, then such a patient 
        should have access to individually prescribed, customized 
        prosthetics that the health care provider believes will best 
        meet the patient's needs;
            (3) urges that ostomy products be recognized, categorized, 
        covered, and adequately reimbursed by Medicare in a new payment 
        category of ``prosthetic supplies'' consistent with Medicare's 
        current recognition of ostomy products as prosthetics in order 
        to allow appropriate patient access; and
            (4) urges the Secretary of Health and Human Services to 
        ensure that programs, policies, and payment practices of the 
        Department of Health and Human Services facilitate, and do not 
        discourage, innovation of and access to medical devices that 
        restore or improve intestinal or urinary system function of 
        individuals in the United States with an ostomy.
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