I 

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 LUJA ́N 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Treat and Reduce Obe3 sity Act of 2013’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) According to the Centers for Disease Con7 trol, about 35 percent of adults aged 65 and over 

8 were obese in the period of 2007 through 2010, rep9 resenting over 8 million adults aged 65 through 74. 

10 (2) Obesity increases the risk for chronic dis11 eases and conditions, including high blood pressure, 

12 heart disease, and type 2 diabetes. 

13 (3) More than half of Medicare beneficiaries are 

14 treated for 5 or more chronic conditions per year. 

15 The rate of obesity among Medicare patients dou16 bled from 1987 to 2002, and spending on those indi17 viduals more than doubled. 

18 (4) Obese men and women at age 65 have de19 creased life expectancy of 1.6 years for men and 1.4 

20 years for women. 

21 (5) The direct and indirect cost of obesity is 

22 more than $450 billion annually. 

23 (6) On average, an obese Medicare beneficiary 

24 costs $1,964 more than a normal-weight beneficiary. 

25 (7) The prevalence of obesity among older 

26 Americans is growing at a linear rate and, left unVerDate Mar 15 2010 02:33 Jun 22, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2415.IH H2415

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1 changed, nearly half of the elderly population will be 

2 obese in 2030 according to a Congressional Research 

3 Report on obesity. 

4 SEC. 3. INCLUSION OF INFORMATION ON COVERAGE OF IN5 TENSIVE BEHAVIORAL THERAPY FOR OBE6 SITY IN THE MEDICARE AND YOU HANDBOOK. 

7 (a) IN GENERAL.—Section 1804(a) of the Social Se8 curity Act (42 U.S.C. 1395b–2(a)) is amended— 

9 (1) in paragraph (2), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (3), by striking the period at 

12 the end and inserting ‘‘, and’’; and 

13 (3) by inserting after paragraph (3) the fol14 lowing new paragraph: 

15 ‘‘(4) information on the coverage of intensive 

16 behavioral therapy for obesity under this title, in17 cluding information regarding primary care physi18 cians and other providers of services and suppliers 

19 who are eligible to furnish such therapy.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall apply to notices distributed on or after 

22 the date of the enactment of this Act. 


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1 SEC. 4. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS 

2 QUALIFIED TO FURNISH INTENSIVE BEHAV3 IORAL THERAPY. 

4 Section 1861(ddd) of the Social Security Act (42 

5 U.S.C. 1395x(ddd)) is amended by adding at the end the 

6 following new paragraph: 

7 ‘‘(4) The Secretary may, in addition to qualified pri8 mary care physicians and other primary care practitioners, 

9 allow other physicians, registered dietitians, certified dia10 betes educators, and instructors trained and certified by 

11 the National Diabetes Prevention Lifestyle Coach Train12 ing program of the Centers for Disease Control and Pre13 vention to provide and be independently reimbursed for 

14 intensive behavioral therapy for obesity furnished outside 

15 of the primary care setting, so long as any such nonphysi16 cian provider or instructor furnishing such therapy to an 

17 individual must communicate any recommendations or 

18 treatment plan for the individual to the individual’s pri19 mary care physician or practitioner.’’. 

20 SEC. 5. MEDICARE PART D COVERAGE OF OBESITY MEDI21 CATION. 

22 (a) IN GENERAL.—Section 1860D–2(e)(2)(A) of the 

23 Social Security Act (42 U.S.C. 1395w–102(e)(2)(A)) is 

24 amended by inserting after ‘‘under section 1927(d)(2),’’ 

25 the following: ‘‘other than subparagraph (A) of such sec26 tion if the drug is used for the treatment of obesity (as 


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1 defined in section 1861(yy)(2)(C)) or for weight loss man2 agement for an individual who is overweight (as defined 

3 in section 1861(yy)(2)(F)(i)) and if the individual has one 

4 or more comorbidities,’’. 

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

6 subsection (a) shall apply to plan years beginning on or 

7 after the date that is 2 years after the date of the enact8 ment of this Act. 

Æ 


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