[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6971 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6971

     To amend title XVIII of the Social Security Act to expand the 
 availability of medical nutrition therapy services under the Medicare 
                                program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2020

    Mr. Engel (for himself and Mr. King of New York) 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 expand the 
 availability of medical nutrition therapy services under the Medicare 
                                program.

    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 ``Medical Nutrition Therapy Act of 
2020''.

SEC. 2. EXPANDING THE AVAILABILITY OF MEDICAL NUTRITION THERAPY 
              SERVICES UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(2)(V), by striking ``in the case of'' 
        and all that follows through ``organizations''; and
            (2) in subsection (vv)--
                    (A) in paragraph (1)--
                            (i) by striking ``disease management'' and 
                        inserting ``the prevention, management, or 
                        treatment of a disease or condition specified 
                        in paragraph (4)'';
                            (ii) by inserting ``or by a physician 
                        assistant, nurse practitioner, or clinical 
                        nurse specialist (as such terms are defined in 
                        subsection (aa)(5)), or, in the case of such 
                        services furnished to manage such a disease or 
                        condition that is an eating disorder, by a 
                        clinical psychologist (as defined by the 
                        Secretary)'' before the period at the end; and
                            (iii) by adding at the end the following 
                        new sentence: ``Such term shall not include any 
                        such services furnished to an individual for 
                        the prevention, management, or treatment of a 
                        renal disease if such individual is receiving 
                        maintenance dialysis for which payment is made 
                        under section 1881.''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(4) For purposes of paragraph (1), the diseases and conditions 
specified in this paragraph are the following:
            ``(A) Diabetes and prediabetes.
            ``(B) A renal disease.
            ``(C) Obesity (as defined for purposes of subsection 
        (yy)(2)(C) or as otherwise defined by the Secretary).
            ``(D) Hypertension.
            ``(E) Dyslipidemia.
            ``(F) Malnutrition.
            ``(G) Eating disorders.
            ``(H) Cancer.
            ``(I) Celiac disease.
            ``(J) HIV.
            ``(K) AIDS.
            ``(L) Any other disease or condition--
                    ``(i) specified by the Secretary relating to 
                unintentional weight loss;
                    ``(ii) for which the Secretary determines the 
                services described in paragraph (1) to be medically 
                necessary and appropriate for the prevention, 
                management, or treatment of such disease or condition, 
                consistent with any applicable recommendations of the 
                United States Preventive Services Task Force; or
                    ``(iii) for which the Secretary determines the 
                services described in paragraph (1) are medically 
                necessary, consistent with either protocols established 
                by registered dietitians or nutrition professional 
                organizations or with accepted clinical guidelines 
                identified by the Secretary.''.
    (b) Exclusion Modification.--Section 1862(a)(1) is amended--
            (1) in subparagraph (O), by striking ``and'' at the end;
            (2) in subparagraph (P), by striking the semicolon at the 
        end and inserting ``, and''; and
            (3) by adding at the end the following new subparagraph:
            ``(Q) in the case of medical nutrition therapy services (as 
        defined in section 1861(vv)), which are not furnished for the 
        prevention, management, or treatment of a disease or condition 
        specified in paragraph (4) of such section;''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to items and services furnished on or after January 
1, 2021.
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