I 

115TH CONGRESS 

1ST SESSION H. R. 1953 

To amend title XVIII of the Social Security Act to provide for the 

coordination of programs to prevent and treat obesity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Mr. PAULSEN (for himself, Mr. KIND, Mrs. NAPOLITANO, Mr. BEN RAY

LUJA ́N of New Mexico, Mr. CA ́RDENAS, Mr. POCAN, Mr. ROE of Tennessee, Mr. HECK, Mr. TIPTON, Mr. YOUNG of Iowa, Mr. BLUMENAUER, 

Mr. COHEN, Mr. TED LIEU of California, Mr. SHIMKUS, Mr. DEFAZIO, 

Mr. GUTHRIE, Mr. LEWIS of Georgia, Mr. MCGOVERN, Ms. JENKINS of 

Kansas, Ms. BONAMICI, Mr. ROSKAM, Mrs. BROOKS of Indiana, and Mr. 

PASCRELL) 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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Treat and Reduce Obe5 sity Act of 2017’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) According to the Centers for Disease Con4 trol, about 34 percent of adults aged 65 and over 

5 were obese in the period of 2009 through 2012, rep6 resenting almost 15 million people. 

7 (2) Obesity increases the risk for chronic dis8 eases and conditions, including high blood pressure, 

9 heart disease, certain cancers, arthritis, mental ill10 ness, lipid disorders, sleep apnea, and type 2 diabe11 tes. 

12 (3) More than half of Medicare beneficiaries are 

13 treated for 5 or more chronic conditions per year. 

14 The rate of obesity among Medicare patients dou15 bled from 1987 to 2002, and Medicare spending on 

16 obese individuals during that time more than dou17 bled. 

18 (4) Men and women with obesity at age 65 have 

19 decreased life expectancy of 1.6 years for men and 

20 1.4 years for women. 

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

22 more than $450 billion annually. 

23 (6) On average, a Medicare beneficiary with 

24 obesity costs $1,964 more than a normal-weight ben25 eficiary. 


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1 (7) The prevalence of obesity among older indi2 viduals in the United States is growing at a linear 

3 rate and, if nothing changes, nearly half of the el4 derly population of the United States will have obe5 sity in 2030 according to a Congressional Research 

6 Report on obesity. 

7 SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS 

8 QUALIFIED TO FURNISH INTENSIVE BEHAV9 IORAL THERAPY. 

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

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

12 following new paragraph: 

13 ‘‘(4)(A) Subject to subparagraph (B), the Sec14 retary may, in addition to qualified primary care 

15 physicians and other primary care practitioners, 

16 cover intensive behavioral therapy for obesity fur17 nished by any of the following: 

18 ‘‘(i) A physician (as defined in subsection 

19 (r)(1)) who is not a qualified primary care phy20 sician. 

21 ‘‘(ii) Any other appropriate health care 

22 provider (including a physician assistant, nurse 

23 practitioner, or clinical nurse specialist (as 

24 those terms are defined in subsection (aa)(5)), 

25 a clinical psychologist, a registered dietitian or 


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1 nutrition professional (as defined in subsection 

2 (vv))). 

3 ‘‘(iii) An evidence-based, community-based 

4 lifestyle counseling program approved by the 

5 Secretary. 

6 ‘‘(B) In the case of intensive behavioral therapy 

7 for obesity furnished by a provider described in 

8 clause (ii) or (iii) of subparagraph (A), the Secretary 

9 may only cover such therapy if such therapy is fur10 nished— 

11 ‘‘(i) upon referral from, and in coordina12 tion with, a physician or primary care practi13 tioner operating in a primary care setting or 

14 any other setting specified by the Secretary; 

15 and 

16 ‘‘(ii) in an office setting, a hospital out-pa17 tient department, a community-based site that 

18 complies with the Federal regulations con19 cerning the privacy of individually identifiable 

20 health information promulgated under section 

21 264(c) of the Health Insurance Portability and 

22 Accountability Act of 1996 (42 U.S.C. 1320d– 

23 2 note), or another setting specified by the Sec24 retary. 


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1 ‘‘(C) In order to ensure a collaborative effort, 

2 the coordination described in subparagraph (B)(i) 

3 shall include the health care provider or lifestyle 

4 counseling program communicating to the referring 

5 physician or primary care practitioner any rec6 ommendations or treatment plans made regarding 

7 the therapy.’’. 

8 SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDI9 CATION. 

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

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

12 amended by inserting after ‘‘restricted under section 

13 1927(d)(2),’’ the following: ‘‘other than subparagraph (A) 

14 of such section if the drug is used for the treatment of 

15 obesity (as defined in section 1861(yy)(2)(C)) or for 

16 weight loss management for an individual who is over17 weight (as defined in section 1861(yy)(2)(F)(i)) and has 

18 one or more related comorbidities,’’. 

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

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

21 after the date that is 2 years after the date of the enact22 ment of this Act. 

23 SEC. 5. REPORT TO CONGRESS. 

24 Not later than the date that is 1 year after the date 

25 of the enactment of this Act, and every 2 years thereafter, 


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1 the Secretary shall submit a report to Congress describing 

2 the steps the Secretary has taken to implement the Act 

3 and provide Congress with recommendations for better co4 ordination and leveraging of programs within the Depart5 ment of Health and Human Services and other Federal 

6 agencies that relate in any way to supporting appropriate 

7 research and clinical care (such as any interactions be8 tween physicians and other health care providers and their 

9 patients) to treat, reduce, and prevent obesity in the adult 

10 population. 

Æ 


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