[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4070 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4070

   To amend title XIX of the Social Security Act to cover physician 
services delivered by podiatric physicians to ensure access by Medicaid 
  beneficiaries to appropriate quality foot and ankle care, to amend 
 title XVIII of such Act to modify the requirements for diabetic shoes 
         to be included under Medicare, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2026

Mr. Young (for himself and Mr. Warnock) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

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                                 A BILL


 
   To amend title XIX of the Social Security Act to cover physician 
services delivered by podiatric physicians to ensure access by Medicaid 
  beneficiaries to appropriate quality foot and ankle care, to amend 
 title XVIII of such Act to modify the requirements for diabetic shoes 
         to be included under Medicare, 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 ``Diabetes Foot Health Access and 
Modernization Act of 2026''.

SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER 
              THE MEDICAID PROGRAM.

    (a) In General.--Section 1905(a)(5)(A) of the Social Security Act 
(42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section 
1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 
1861(r)''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) shall apply to services 
        furnished on or after January 1, 2026.
            (2) Extension of effective date for state law amendment.--
        In the case of a State plan under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
        Health and Human Services determines requires State legislation 
        in order for the plan to meet the additional requirement 
        imposed by the amendment made by subsection (a), the State plan 
        shall not be regarded as failing to comply with the 
        requirements of such title solely on the basis of its failure 
        to meet these additional requirements before the first day of 
        the first calendar quarter beginning after the close of the 
        first regular session of the State legislature that begins 
        after the date of enactment of this Act. For purposes of the 
        previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session is considered to 
        be a separate regular session of the State legislature.

SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC 
              SHOES FOR PERSONS WITH DIABETES.

    (a) In General.--Section 1861(s)(12) of the Social Security Act (42 
U.S.C. 1395x(s)(12)) is amended to read as follows:
            ``(12) extra-depth shoes with inserts or custom molded 
        shoes with inserts for an individual with diabetes, if--
                    ``(A) a physician as defined in subsection (r) of 
                this section--
                            ``(i) documents that the individual has 
                        peripheral neuropathy that may include altered 
                        foot sensation, weakness, or diminished motor 
                        control of the lower extremity; a history of 
                        pre-ulcerative calluses or other ulceration of 
                        the foot; foot deformity, previous lower 
                        extremity amputation, or poor lower extremity 
                        circulation;
                            ``(ii) attests that the individual has a 
                        diabetes diagnosis and is under a comprehensive 
                        plan of care related to the individual's 
                        diabetic condition; and
                            ``(iii) attests that the individual needs 
                        such shoes; and
                    ``(B) the shoes are fitted and furnished by a 
                physician or other qualified individual (such as a 
                pedorthist or orthotist) as established by the 
                Secretary;''.
    (b) Conforming Amendment.--Section 1877(h)(6) of the Social 
Security Act (42 U.S.C. 1395nn(h)(6)) is amended by inserting after 
subparagraph (L) the following:
                    ``(M) Extra-depth shoes with inserts or custom 
                molded shoes with inserts.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to items and services furnished on or after January 
1, 2028.
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