I 

110TH CONGRESS 

1ST SESSION H. R. 2231 

To amend title XVIII of the Social Security Act to exempt complex rehabilitation products and assistive technology products from the Medicare competitive acquisition program. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2007 

Mr. ALLEN (for himself and Mr. LEWIS of Kentucky) 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 exempt 

complex rehabilitation products and assistive technology 

products from the Medicare competitive acquisition program. 

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 ‘‘Medicare Access to 

5 Complex Rehabilitation and Assistive Technology Act of 

6 2007’’. 

mstockstill on PROD1PC66 with BILLS

2 

•HR 2231 IH

1 SEC. 2. EXEMPTION OF COMPLEX REHABILITATION AND 

2 ASSISTIVE TECHNOLOGY FROM THE MEDI3 CARE COMPETITIVE ACQUISITION PROGRAM. 

4 (a) IN GENERAL.—Section 1847(a) of the Social Se5 curity Act (42 U.S.C. 1395w–3(a)) is amended— 

6 (1) in paragraph (2)(A), by striking ‘‘but ex7 cluding’’ and all that follows and inserting the fol8 lowing: ‘‘but excluding— 

9 ‘‘(i) class III devices under the Fed10 eral Food, Drug, and Cosmetic Act; and 

11 ‘‘(ii) complex rehabilitation products 

12 and assistive technology products (de13 scribed in paragraph (7)(A)) that are pre14 scribed by a physician and provided by a 

15 supplier that is accredited by an inde16 pendent accreditation organization des17 ignated under section 1834(a)(20)(B).’’; 

18 and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(7) COMPLEX REHABILITATION PRODUCTS

22 AND ASSISTIVE TECHNOLOGY PRODUCTS DE23 SCRIBED.— 

24 ‘‘(A) IN GENERAL.—For purposes of para25 graph (2)(A)(ii), complex rehabilitation prod26 ucts and assistive technology products described 

mstockstill on PROD1PC66 with BILLS

3 

•HR 2231 IH

1 in this subparagraph are medically necessary 

2 adaptive seating, positioning, and mobility de3 vices and speech generating devices that are 

4 evaluated, fitted, configured, adjusted, or pro5 grammed to meet the specific and unique needs 

6 of an individual with a primary diagnosis re7 sulting from injury or trauma or which is neu8 romuscular in nature. Such a primary diagnosis 

9 includes spinal cord injury, traumatic brain in10 jury, cerebral palsy, muscular dystrophy, spinal 

11 muscular atrophy, spina bifida, amyotrophic lat12 eral sclerosis, multiple sclerosis, or any other 

13 disease or disability identified by the Secretary 

14 as requiring the use of such devices. 

15 ‘‘(B) ESTABLISHMENT OF MEDICAL NE16 CESSITY.—For purposes of subparagraph (A), 

17 in establishing medical necessity of a device de18 scribed in such subparagraph for the treatment 

19 of an individual, the Secretary shall consider 

20 whether the device is expected to be necessary 

21 for such treatment taking into account the di22 agnosis, prognosis, and functional need of the 

23 individual and the expected progression of the 

24 disease or disability involved.’’. 

mstockstill on PROD1PC66 with BILLS

4 

•HR 2231 IH

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

2 subsection (a) shall be effective as if included in the enact3 ment of the Medicare Prescription Drug, Improvement, 

4 and Modernization Act of 2003 (Public Law 108–173). 

Æ 

mstockstill on PROD1PC66 with BILLS