I 

108TH CONGRESS 

1ST SESSION H. R. 1477

To amend title XVIII of the Social Security Act to provide for coverage 

of qualified acupuncturist services under part B of the Medicare Program, and to amend title 5, United States Code, to provide for coverage 

of such services under the Federal Employees Health Benefits Program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2003

Mr. HINCHEY (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BRADY

of Pennsylvania, Mr. CONYERS, Mr. TOM DAVIS of Virginia, Mr. DAVIS

of Illinois, Mr. DEFAZIO, Mr. FARR, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GUTIERREZ, Ms. NORTON, Mr. KILDEE, Mr. 

KUCINICH, Ms. LEE, Mr. GEORGE MILLER of California, Mrs. 

NAPOLITANO, Mr. ROHRABACHER, Mr. ROYCE, Ms. LORETTA SANCHEZ

of California, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. 

SERRANO, Mr. SHERMAN, Ms. SOLIS, Mr. THOMPSON of Mississippi, Mr. 

WAXMAN, and Mr. WEXLER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committees on Ways and Means, and Government Reform, 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 provide 

for coverage of qualified acupuncturist services under 

part B of the Medicare Program, and to amend title 

5, United States Code, to provide for coverage of such 

services under the Federal Employees Health Benefits 

Program.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Acupuncture 

5 Coverage Act of 2003’’. 

6 SEC. 2. COVERAGE OF ACUPUNCTURIST SERVICES UNDER 

7 MEDICARE. 

8 (a) IN GENERAL.—Section 1861(s)(2) of the Social 

9 Security Act (42 U.S.C. 1395x(s)(2)) is amended—

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (U); 

12 (2) by inserting ‘‘and’’ at the end of subpara13 graph (V); and 

14 (3) by adding at the end the following new sub15 paragraph: 

16 ‘‘(W) qualified acupuncturist services (as de17 fined in subsection (ww)); and’’. 

18 (b) SERVICES DESCRIBED.—Section 1861 of the So19 cial Security Act (42 U.S.C. 1395x) is amended by adding 

20 at the end the following new subsection: 

21 ‘‘Qualified Acupuncturist Services 

22 ‘‘(ww)(1) The term ‘qualified acupuncturist services’ 

23 means such services furnished by a qualified acupuncturist 

24 (as defined in paragraph (2)) and such services and sup25 plies furnished as an incident to services furnished by the 
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1 qualified acupuncturist which the qualified acupuncturist 

2 is legally authorized to perform under State law (or the 

3 State regulatory mechanism provided by State law). 

4 ‘‘(2) The term ‘qualified acupuncturist’ means an in5 dividual who has been certified, licensed, or registered as 

6 an acupuncturist by a State (or the State regulatory 

7 mechanism provided by State law).’’. 

8 (c) PAYMENT RULES.—

9 (1) DETERMINATION OF AMOUNT OF PAY10 MENT.—Section 1833(a)(1) of the Social Security 

11 Act (42 U.S.C. 1395l(a)(1)) is amended—

12 (A) by striking ‘‘and’’ before ‘‘(U)’’; and 

13 (B) by inserting before the semicolon at 

14 the end the following: ‘‘, and (V) with respect 

15 to qualified acupuncturist services described in 

16 section 1861(s)(2)(W), the amounts paid shall 

17 be the amount determined by a fee schedule es18 tablished by the Secretary for purposes of this 

19 clause (but in no event shall such amount ex20 ceed the fee schedule amount provided under 

21 section 1848 for the same service performed by 

22 a physician);’’. 

23 (2) SEPARATE PAYMENT FOR SERVICES OF IN24 STITUTIONAL PROVIDERS.—Section 1833(a)(2)(B) 

25 of such Act (42 U.S.C. 1395l(a)(2)(B)) is amended, 
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1 in clauses (i) and (ii), by inserting ‘‘and in the case 

2 of qualified acupuncturist services furnished at any 

3 time’’ after ‘‘1999,’’ each place it appears. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section apply to services furnished on or after Janu6 ary 1, 2004. 

7 SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER 

8 FEDERAL EMPLOYEES HEALTH BENEFIT 

9 PLANS. 

10 (a) IN GENERAL.—Section 8902(k)(1) of title 5, 

11 United States Code, is amended by inserting 

12 ‘‘acupuncturist,’’ after ‘‘nurse midwife,’’ each place it ap13 pears. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) applies with respect to services provided 

16 after December 31, 2003.

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