1.This Act may be cited as
the Treat and Reduce Obesity Act of
2012
.
2.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.
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)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)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 beneficiariesNot 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 providersSection 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.
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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 MedicareSection
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.
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5.Authority to
expand health care providers qualified to furnish intensive behavioral
therapySection 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.
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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)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.
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(b)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.