[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2415 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2415

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 and to provide for the coordination of 
     programs to prevent and treat obesity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2013

   Mr. Cassidy (for himself, Mr. Kind, Mr. Lance, Mr. Guthrie, Mrs. 
   Blackburn, Mrs. Christensen, Mr. Ben Ray Lujan of New Mexico, Mr. 
  Roskam, Mr. Blumenauer, Mr. Paulsen, and Mr. Peters of California) 
 introduced the following bill; 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

_______________________________________________________________________

                                 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 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 
2013''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to the Centers for Disease Control, about 35 
        percent of adults aged 65 and over were obese in the period of 
        2007 through 2010, representing over 8 million adults aged 65 
        through 74.
            (2) Obesity increases the risk for chronic diseases and 
        conditions, including high blood pressure, heart disease, and 
        type 2 diabetes.
            (3) More than half of Medicare beneficiaries are treated 
        for 5 or more chronic conditions per year. The rate of obesity 
        among Medicare patients doubled from 1987 to 2002, and spending 
        on those individuals more than doubled.
            (4) Obese men and women at age 65 have decreased life 
        expectancy of 1.6 years for men and 1.4 years for women.
            (5) The direct and indirect cost of obesity is more than 
        $450 billion annually.
            (6) On average, an obese Medicare beneficiary costs $1,964 
        more than a normal-weight beneficiary.
            (7) The prevalence of obesity among older Americans is 
        growing at a linear rate and, left unchanged, nearly half of 
        the elderly population will be obese in 2030 according to a 
        Congressional Research Report on obesity.

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

    (a) In General.--Section 1804(a) of the Social Security Act (42 
U.S.C. 1395b-2(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``, and''; and
            (3) 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.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to notices distributed on or after the date of the enactment of 
this Act.

SEC. 4. 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)) 
is amended by adding at the end the following new paragraph:
    ``(4) The Secretary may, in addition to qualified primary care 
physicians and other primary care practitioners, allow other 
physicians, registered dietitians, certified diabetes educators, and 
instructors trained and certified by the National Diabetes Prevention 
Lifestyle Coach Training program of the Centers for Disease Control and 
Prevention to provide and be independently reimbursed for intensive 
behavioral therapy for obesity furnished outside of the primary care 
setting, so long as any such nonphysician provider or instructor 
furnishing such therapy to an individual must communicate any 
recommendations or treatment plan for the individual to the 
individual's primary care physician or practitioner.''.

SEC. 5. MEDICARE PART D COVERAGE OF OBESITY MEDICATION.

    (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security 
Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by inserting after 
``under section 1927(d)(2),'' the following: ``other than subparagraph 
(A) of such section if the drug is used for the treatment of obesity 
(as defined in section 1861(yy)(2)(C)) or for weight loss management 
for an individual who is overweight (as defined in section 
1861(yy)(2)(F)(i)) and if the individual has one or more 
comorbidities,''.
    (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 the enactment of this Act.
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