I 

111TH CONGRESS 

1ST SESSION H. R. 1137 

To amend title XVIII of the Social Security Act to provide improved access 

to physical medicine and rehabilitation services under part B of the 

Medicare Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2009 

Mr. TOWNS 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 provide 

improved access to physical medicine and rehabilitation 

services under part B of the Medicare Program, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Athletic Trainers’ 

5 Equal Access to Medicare Act of 2009’’. 

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1 SEC. 2. ACCESS TO PHYSICAL MEDICINE AND REHABILITA2 TION SERVICES PROVIDED INCIDENT TO A 

3 PHYSICIAN. 

4 Section 1862(a)(20) of the Social Security Act (42 

5 U.S.C. 1395y(a)(20)) is amended by striking ‘‘(other than 

6 any licensing requirement specified by the Secretary)’’ and 

7 inserting ‘‘(other than any licensing, education, or 

8 credentialing requirements specified by the Secretary)’’. 

9 SEC. 3. COVERAGE OF CERTIFIED ATHLETIC TRAINER 

10 SERVICES UNDER PART B OF THE MEDICARE 

11 PROGRAM. 

12 (a) COVERAGE OF SERVICES.—Section 1861 of the 

13 Social Security Act (42 U.S.C. 1395x) is amended— 

14 (1) in subsection (s)(2)— 

15 (A) in subparagraph (DD), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (EE), by adding 

18 ‘‘and’’ at the end; and 

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

20 subparagraph: 

21 ‘‘(FF) certified athletic trainer services (as de22 fined in subsection (hhh)(1));’’; and 

23 (2) by adding at the end the following new sub24 section: 

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1 ‘‘Certified Athletic Trainer Services 

2 ‘‘(hhh)(1) The term ‘certified athletic trainer serv3 ices’ means services performed by a certified athletic train4 er (as defined in paragraph (2)) under the supervision of 

5 a physician (as defined in subsection (r)), which the ath6 letic trainer is legally authorized to perform under State 

7 law (or the State regulatory mechanism provided by State 

8 law) of the State in which such services are performed, 

9 as would otherwise be covered if furnished by a physician 

10 (as so defined) or as an incident to a physician’s profes11 sional service, to an individual— 

12 ‘‘(A) who is under the care of a physician (as 

13 so defined); and 

14 ‘‘(B) with respect to whom a plan prescribing 

15 the type, amount, and duration of services that are 

16 to be furnished to such individual has been estab17 lished by a physician (as so defined). 

18 Such term does not include any services for which a facil19 ity or other provider charges or is paid any amounts with 

20 respect to the furnishing of such services. 

21 ‘‘(2) The term ‘certified athletic trainer’ means an 

22 individual who— 

23 ‘‘(A) in the case of an individual performing 

24 services in a State that provides for licensure or cermstockstill on PROD1PC66 with BILLS

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1 tification of athletic trainers, is licensed or certified 

2 as an athletic trainer in such State; or 

3 ‘‘(B) in the case of an individual performing 

4 services in a State that does not provide for licen5 sure or certification of athletic trainers, possesses a 

6 bachelors, master’s or doctoral degree which quali7 fies for certification as an athletic trainer, and, has 

8 successfully passed a national certification examina9 tion for Athletic Trainers recognized by the Sec10 retary.’’. 

11 (b) PAYMENT.— 

12 (1) IN GENERAL.—Section 1832(a)(2)(B) of 

13 such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by 

14 adding at the end the following new clause: 

15 ‘‘(v) certified athletic trainer serv16 ices;’’. 

17 (2) AMOUNT.—Section 1833(a)(1) of such Act 

18 (42 U.S.C. 1395l(a)(1)) is amended— 

19 (A) by striking ‘‘and’’ before ‘‘(W)’’; and 

20 (B) by inserting before the semicolon at 

21 the end the following: ‘‘, and (X) with respect 

22 to certified athletic trainer services under sec23 tion 1861(s)(2)(FF), the amounts paid shall be 

24 80 percent of the lesser of the actual charge for 

25 the service or the fee schedule amount under 

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1 section 1848 for the same service performed by 

2 a physician’’. 

3 (3) PAYMENT TO EMPLOYER.—The first sen4 tence of section 1842(b)(6) of such Act (42 U.S.C. 

5 1395u(b)(6)) is amended— 

6 (A) by striking ‘‘and’’ before ‘‘(H)’’; and 

7 (B) by inserting before ‘‘; but nothing’’ the 

8 following: ‘‘, and (I) in the case of certified ath9 letic trainer services, payment shall be made to 

10 the physician, clinic, or hospital that employs 

11 the athletic trainer involved’’. 

12 (c) INCLUSION OF SERVICES IN THE THERAPY

13 CAP.—Section 1833(g)(1) of such Act (42 U.S.C. 

14 1395l(g)(1)) is amended— 

15 (1) by striking ‘‘and’’ before ‘‘physical ther16 apy’’; and 

17 (2) by inserting after ‘‘or as incident to physi18 cians’ services,’’ the following: ‘‘and certified athletic 

19 trainer services’’. 

20 (d) INCLUSION OF ATHLETIC TRAINERS AS PRACTI21 TIONERS FOR ASSIGNMENT OF CLAIMS.—Section 

22 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) 

23 is amended by adding at the end the following new clause: 

24 ‘‘(vii) A certified athletic trainer (as defined in 

25 section 1861(hhh)(1)).’’. 

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1 (e) COVERAGE OF CERTAIN PHYSICAL MEDICINE

2 AND REHABILITATION SERVICES PROVIDED IN RURAL

3 HEALTH CLINICS AND FEDERALLY QUALIFIED HEALTH

4 CENTERS.—Section 1861(aa)(1)(B) of such Act (42 

5 U.S.C. 1395x(aa)(1)(B)) is amended— 

6 (1) by striking ‘‘or’’ before ‘‘by a clinical social 

7 worker’’; and 

8 (2) by inserting after ‘‘subsection (hh)(1)),’’ the 

9 following: ‘‘by a certified athletic trainer (as defined 

10 in subsection (hhh)(2))’’. 

11 (f) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply with respect to services furnished 

13 on or after January 1, 2010. 

Æ 

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