[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3108 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3108

     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 11, 2021

   Ms. Kelly of Illinois (for herself and Mr. Upton) 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 
2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Over two-thirds of Medicare fee-for-service 
        beneficiaries have two or more chronic conditions, many of 
        which can be prevented, delayed, treated, or managed through 
        nutrition.
            (2) Individuals from many racial and ethnic minority 
        backgrounds are more likely to be diagnosed with chronic 
        diseases such as diabetes, prediabetes, chronic kidney disease, 
        end-stage renal disease, and obesity.
            (3) The Centers for Disease Control and Prevention finds 
        that individuals are at an increased risk of severe illness 
        from COVID-19 if they have cancer, chronic kidney disease, 
        diabetes, heart conditions such as health failure or coronary 
        artery disease, or obesity.
            (4) Coverage for medical nutrition therapy is only 
        available to Medicare part B beneficiaries with diabetes or a 
        renal disease, despite medical nutrition therapy being part of 
        the standard of care, in clinical guidelines, and medically 
        necessary for many more chronic conditions.
            (5) Medical nutrition therapy has been shown to be a cost-
        effective component of treatment for obesity, diabetes, 
        hypertension, dyslipidemia, HIV infection, unintended weight 
        loss in older adults and other chronic conditions.

SEC. 3. 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)''; and
                            (ii) by striking ``by a physician'' and all 
                        that follows through the period at the end and 
                        inserting the following: ``by a--
                    ``(A) physician (as defined in subsection (r)(1));
                    ``(B) physician assistant;
                    ``(C) nurse practitioner;
                    ``(D) clinical nurse specialist (as defined in 
                subsection (aa)(5)(B)); or
                    ``(E) in the case of such services furnished to 
                manage such a disease or condition that is an eating 
                disorder, a clinical psychologist (as defined by the 
                Secretary).
        Such term shall not include any 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) Gastrointestinal diseases, including celiac disease.
            ``(J) HIV.
            ``(K) AIDS.
            ``(L) Cardiovascular disease.
            ``(M) 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, 2023.
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