I 

112TH CONGRESS 

1ST SESSION H. R. 1328 

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 1, 2011 

Mr. HINCHEY (for himself, Ms. CHU, Mr. GRIJALVA, Mr. JACKSON of Illinois, 

Mr. PAUL, Ms. SCHAKOWSKY, Mr. VAN HOLLEN, and Ms. NORTON) 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 Oversight 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. 

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

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•HR 1328 IH

1 SECTION 1. SHORT TITLE. 

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

3 Coverage Act of 2011’’. 

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 graph (EE); 

10 (2) by inserting ‘‘and’’ at the end of subpara11 graph (FF); and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(GG) qualified acupuncturist services (as de15 fined in subsection (iii));’’. 

16 (b) SERVICES DESCRIBED.—Section 1861 of the So17 cial Security Act (42 U.S.C. 1395x) is amended by adding 

18 at the end the following new subsection: 

19 ‘‘Qualified Acupuncturist Services 

20 ‘‘(iii)(1) The term ‘qualified acupuncturist services’ 

21 means such services furnished by a qualified acupuncturist 

22 (as defined in paragraph (2)) and such services and sup23 plies furnished as an incident to services furnished by the 

24 qualified acupuncturist which the qualified acupuncturist 

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

26 State regulatory mechanism provided by State law). 

mstockstill on DSKH9S0YB1PROD with BILLS

3 

•HR 1328 IH

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 (c) PAYMENT RULES.— 

6 (1) DETERMINATION OF AMOUNT OF PAY7 MENT.—Section 1833(a)(1) of the Social Security 

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

9 (A) by striking ‘‘and’’ before ‘‘(Z)’’; and 

10 (B) by inserting before the semicolon at 

11 the end the following: ‘‘, and (AA) with respect 

12 to qualified acupuncturist services described in 

13 section 1861(s)(2)(GG)), the amounts paid 

14 shall be the amount determined by a fee sched15 ule established by the Secretary for purposes of 

16 this clause (but in no event shall such amount 

17 exceed the fee schedule amount provided under 

18 section 1848 for the same service performed by 

19 a physician);’’. 

20 (2) SEPARATE PAYMENT FOR SERVICES OF IN21 STITUTIONAL PROVIDERS.—Section 1833(a)(2)(B) 

22 of such Act (42 U.S.C. 1395l(a)(2)(B)) is amended, 

23 in clauses (i) and (ii), by inserting ‘‘and in the case 

24 of qualified acupuncturist services furnished at any 

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

mstockstill on DSKH9S0YB1PROD with BILLS

4 

•HR 1328 IH

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

2 this section apply to services furnished on or after Janu3 ary 1, 2012. 

4 SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER 

5 FEDERAL EMPLOYEES HEALTH BENEFIT 

6 PLANS. 

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

8 United States Code, is amended by inserting 

9 ‘‘acupuncturist,’’ after ‘‘nurse midwife,’’ each place it ap10 pears. 

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

12 subsection (a) applies with respect to services provided on 

13 or after January 1, 2012. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS