I

104TH CONGRESS

2D SESSION H. R. 3292

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

APRIL 23, 1996

Mr. HINCHEY (for himself, Mr. FILNER, Mr. DEFAZIO, and Mr. DELLUMS)

introduced the following bill; which was referred to the Committee on

Commerce, and in addition to the Committees on Ways and Means and

Government Reform and Oversight, 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. SHORT TITLE.

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

3 Coverage Act of 1996’’.

4 SEC. 2. COVERAGE OF ACUPUNCTURIST SERVICES UNDER

5 MEDICARE.

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

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

8 (1) by striking ‘‘and’’ at the end of subpara9 graphs (N) and (O); and

10 (2) by inserting after subparagraph (O) the fol11 lowing new subparagraph:

12 ‘‘(P) qualified acupuncturist services (as de13 fined in subsection (oo)); and’’.

14 (b) PAYMENT RULES.—

15 (1) DETERMINATION OF AMOUNT OF PAY16 MENT.—Section 1833(a)(1) of such Act (42 U.S.C.

17 1395l(a)(1)) is amended—

18 (A) by striking ‘‘and’’ before ‘‘(P)’’, and

19 (B) by striking the semicolon at the end

20 and inserting the following: ‘‘, and (Q) with re21 spect to qualified acupuncturist services de22 scribed in section 1861(s)(2)(P), the amounts

23 paid shall be the amount determined by a fee

24 schedule established by the Secretary for pur25 poses of this subparagraph (but in no event

26 shall such amount exceed 65 percent of the fee
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1 schedule amount provided under section 1848

2 for the same service performed by a physi3 cian);’’.

4 (2) SEPARATE PAYMENT FOR SERVICES

5 OF INSTITUTIONAL PROVIDERS.—Section

6 1832(a)(2)(B)(iii) of such Act (42 U.S.C.

7 1395k(a)(2)(B)(iii)) is amended—

8 (A) by striking ‘‘and services’’ and insert9 ing ‘‘services’’; and

10 (B) by striking the semicolon at the end

11 and inserting the following: ‘‘, and qualified

12 acupuncturist services described in section

13 1861(s)(2)(P);’’.

14 (c) SERVICES DESCRIBED.—Section 1861 of such

15 Act (42 U.S.C. 1395x) is amended by adding at the end

16 the following new subsection:

17 ‘‘Qualified Acupuncturist Services

18 ‘‘(oo)(1) The term ‘qualified acupuncturist services’

19 means such services furnished by a qualified acupuncturist

20 (as defined in paragraph (2)) and such services and sup21 plies furnished as an incident to services furnished by the

22 qualified acupuncturist which the qualified acupuncturist

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

24 State regulatory mechanism provided by State law).
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1 ‘‘(2) The term ‘qualified acupuncturist’ means an in2 dividual who has been certified, licensed, or registered as

3 an acupuncturist by a State (or the State regulatory

4 mechanism provided by State law).’’.

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

6 this section shall apply to services furnished on or after

7 January 1, 1997.

8 SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER

9 FEDERAL EMPLOYEES HEALTH BENEFIT

10 PLANS.

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

12 United States Code, is amended by inserting

13 ‘‘acupuncturist,’’ after ‘‘nurse midwife,’’ each place it ap14 pears.

15 (b) APPLICABILITY.—The amendment made by sub16 section (a) shall apply with respect to services provided

17 after December 31, 1996.

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