[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3699 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3699

To amend title XVIII of the Social Security Act to include information 
  on the coverage of intensive behavioral therapy for obesity in the 
     Medicare and You Handbook, to provide written notification to 
    beneficiaries and providers regarding new Medicare coverage of 
   intensive behavioral therapy for obesity, and to provide for the 
 coordination of programs to prevent and treat obesity, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2012

  Mr. Carper 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 include information 
  on the coverage of intensive behavioral therapy for obesity in the 
     Medicare and You Handbook, to provide written notification to 
    beneficiaries and providers regarding new Medicare coverage of 
   intensive behavioral therapy for obesity, and to provide for the 
 coordination of programs to prevent and treat obesity, and for other 
                               purposes.

    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 ``Treat and Reduce Obesity Act of 
2012''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to the Centers for Disease Control and 
        Prevention, over 78,000,000 adults in the United States are 
        obese.
            (2) Over 40 percent of women over age 60 and over 35 
        percent of men over age 60 are obese.
            (3) Obesity increases the risk for chronic diseases and 
        conditions, including high blood pressure, heart disease, and 
        type 2 diabetes.
            (4) Forty-nine percent of Americans have at least one 
        chronic disease.
            (5) In 2008, in the United States, health care costs 
        associated with obesity reached $147,000,000,000.
            (6) Seventy-five percent of Americans will be overweight or 
        obese by 2020.
            (7) Forty-two percent of Americans will be obese by 2030, 
        resulting in up to $550,000,000,000 in associated health care 
        costs.

SEC. 3. INCLUSION OF INFORMATION ON COVERAGE OF INTENSIVE BEHAVIORAL 
              THERAPY FOR OBESITY IN THE MEDICARE AND YOU HANDBOOK AND 
              ADDITIONAL NOTIFICATION OF BENEFICIARIES AND PROVIDERS.

    (a) Inclusion of Information on Coverage in the Medicare and You 
Handbook.--
            (1) In general.--Section 1804(a) of the Social Security Act 
        (42 U.S.C. 1395b-2(a)) is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``, and''; and
                    (C) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) information on the coverage of intensive behavioral 
        therapy for obesity under this title, including information 
        regarding primary care physicians and other providers of 
        services and suppliers who are eligible to furnish such 
        therapy.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to notices distributed on or after the date of 
        enactment of this Act.
    (b) New Notification of Benefit for Medicare Beneficiaries.--Not 
later than 6 months after the date of enactment of this Act, the 
Secretary of Health and Human Services shall provide to Medicare 
beneficiaries distinct, written notification regarding the coverage of 
intensive behavioral therapy for obesity under title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.) as an additional 
preventive service.
    (c) Notification of Benefit for Medicare Providers.--Section 
1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended 
by adding at the end the following new paragraph:
    ``(4) The Secretary shall provide to primary care physicians and 
other providers of services and suppliers determined appropriate by the 
Secretary distinct, written notification regarding the coverage of 
intensive behavioral therapy for obesity under this title as an 
additional preventive service. Such notification shall be provided 
annually for the first 3 years following the date of enactment of the 
Treat and Reduce Obesity Act of 2012 and, after such 3-year period, as 
the Secretary determines appropriate.''.

SEC. 4. PLAN FOR COORDINATION OF HHS EFFORTS; PROVIDING THE SECRETARY 
              OF HEALTH AND HUMAN SERVICES WITH AUTHORITY TO COORDINATE 
              PROGRAMS TO PREVENT AND TREAT OBESITY AND EXPAND COVERAGE 
              OPTIONS FOR OBESITY UNDER MEDICARE.

    Section 1861(ddd) of the Social Security Act (42 U.S.C. 
1395x(ddd)), as amended by section 3, is amended by adding at the end 
the following new paragraph:
    ``(5)(A) Not later than 1 year after the date of enactment of the 
Treat and Reduce Obesity Act of 2012, the Secretary shall develop and 
implement a plan to coordinate the efforts of all offices and agencies 
of the Department of Health and Human Services (such as the Centers for 
Medicare & Medicaid Services, the Centers for Disease Control and 
Prevention, the National Institutes of Health, the Health Resources and 
Services Administration, and other offices and agencies) to treat, 
reduce, and prevent obesity and overweight in the adult population. 
Beginning 2 years after such date of enactment, the Secretary shall 
annually update such plan.
    ``(B) In developing and implementing the plan under subparagraph 
(A), the Secretary shall work with at least 5 representatives, selected 
by the Secretary, of expert organizations (such as public health 
associations, key healthcare provider groups, planning and development 
organizations, education associations, advocacy groups, patient groups, 
relevant industries, State and local leadership, and other entities as 
determined appropriate by the Secretary).
    ``(C) The plan under subparagraph (A) shall include the following:
            ``(i) Strategies to comprehensively treat and reduce 
        overweight and obesity.
            ``(ii) A description of--
                    ``(I) the coordination of interagency cooperation 
                under the plan; and
                    ``(II) actions under the plan related to the 
                treatment and reduction of overweight and obesity in 
                the United States.
            ``(iii) Identification of best practices in States, 
        communities, organizations, businesses, and other entities as 
        appropriate, regarding treatment of overweight and obesity.
            ``(iv) A description of collaboration with States, 
        communities, organizations, businesses, and other appropriate 
        entities to evaluate the effectiveness of obesity and 
        overweight interventions under the plan.
            ``(v) Research initiatives, including ongoing surveillance 
        and monitoring using tools such as the National Health and 
        Nutrition Examination Survey and the Behavioral Risk Factor 
        Surveillance System and assurances for adequate and consistent 
        funding to support data collection and analysis to inform 
        policy under the plan.
            ``(vi) Recommendations for the coordination of budgets, 
        grant and pilot programs, policies, and programs across Federal 
        agencies to cohesively treat overweight and obesity.
    ``(D) Not later than 24 months after the date of enactment of the 
Treat and Reduce Obesity Act of 2012, and on an annual basis 
thereafter, the Secretary shall submit to the President and to the 
relevant committees of Congress, a report that--
            ``(i) summarizes the plan under subparagraph (A) to 
        coordinate interagency efforts surrounding the treatment, 
        reduction, and prevention of obesity and overweight, including 
        a detailed strategic plan with recommendations for each office 
        and agency involved;
            ``(ii) in the case of the second report submitted under 
        this subparagraph (and each subsequent report), evaluates the 
        effectiveness of those coordinated interventions and conducts 
        interim assessments and reporting of health outcomes, 
        achievement of milestones, and implementation of strategic plan 
        goals; and
            ``(iii) makes recommendations for updating the plan for the 
        following year based on data and findings from the previous 
        year.
    ``(E) There is authorized to be appropriated to carry out this 
paragraph, $5,000,000 for the period of fiscal years 2014 through 2023, 
to remain available until expended.''.

SEC. 5. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH 
              INTENSIVE BEHAVIORAL THERAPY.

    Section 1861(ddd) of the Social Security Act (42 U.S.C. 
1395x(ddd)), as amended by sections 3 and 4, is amended by adding at 
the end the following new paragraph:
    ``(6) The Secretary may, in addition to qualified primary care 
physicians and other primary care practitioners, allow other 
appropriate health care providers (such as physicians with other 
primary specialty designations, licensed professional counselors, and 
registered dieticians), instructors trained in lifestyle counseling 
programs such as the Diabetes Prevention Program, and programs 
recognized by the Centers for Disease Control and Prevention to provide 
intensive behavioral therapy for obesity.''.

SEC. 6. PROVIDING THE SECRETARY OF HEALTH AND HUMAN SERVICES WITH THE 
              AUTHORITY TO INCLUDE CHRONIC WEIGHT MANAGEMENT DRUGS AS 
              MEDICARE COVERED PART D DRUGS.

    (a) In General.--Section 1860D-2(e)(1) of the Social Security Act 
(42 U.S.C. 1395w-102(e)(1)) is amended by adding at the end of the 
flush matter following subparagraph (B) the following new sentence 
``Notwithstanding any other provision of this section, such term also 
includes a drug described in the second sentence of section 
1927(d)(2)(A) (relating to drugs used for weight management) if the 
Secretary determines that coverage of such a drug under this part is 
appropriate.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to plan years beginning on or after the date that is 2 years 
after the date of enactment of this Act.
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