II 

117TH CONGRESS 

1ST SESSION S. 2173 

To permit Centers for Disease Control and Prevention-recognized virtual 

diabetes prevention program suppliers to be included in the Medicare 

Diabetes Prevention Program Expanded Model conducted by the Center 

for Medicare and Medicaid Innovation under section 1115A of the Social 

Security Act (42 U.S.C. 1315a). 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2021 

Mr. SCOTT of South Carolina (for himself, Mr. WARNER, Mr. COTTON, Ms. 

SINEMA, Mrs. CAPITO, Mr. CRAMER, Mrs. HYDE-SMITH, and Ms. SMITH) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To permit Centers for Disease Control and Prevention-recognized virtual diabetes prevention program suppliers to 

be included in the Medicare Diabetes Prevention Program Expanded Model conducted by the Center for Medicare and Medicaid Innovation under section 1115A of 

the Social Security Act (42 U.S.C. 1315a). 

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 ‘‘Promoting Responsible 

5 and Effective Virtual Experiences through Novel TechVerDate Sep 11 2014 22:34 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2173.IS S2173

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1 nology to Deliver Improved Access and Better Engage2 ment with Tested and Evidence-based Strategies Act’’ or 

3 the ‘‘PREVENT DIABETES Act’’. 

4 SEC. 2. INCLUSION OF VIRTUAL DIABETES PREVENTION 

5 PROGRAM SUPPLIERS IN MDPP EXPANDED 

6 MODEL. 

7 (a) IN GENERAL.—Not later than January 1, 2022, 

8 the Secretary shall revise the regulations under part 410 

9 and section 424.200–.518 of title 42, Code of Federal 

10 Regulations (or any successor regulations), to permit any 

11 diabetes prevention lifestyle change program, including 

12 any online or virtual diabetes prevention program, that 

13 has met the standards for full recognition by the CDC— 

14 (1) to apply to be a MDPP supplier; and 

15 (2) upon a successful application, to participate 

16 in the MDPP Expanded Model described in the final 

17 rule published in the Federal Register on November 

18 15, 2017, entitled ‘‘Medicare Program; Revisions to 

19 Payment Policies Under the Physician Fee Schedule 

20 and Other Revisions to Part B for CY 2018; Medi21 care Shared Savings Program Requirements; and 

22 Medicare Diabetes Prevention Program’’, in accord23 ance with this section. 

24 (b) VIRTUAL DIABETES PREVENTION PROGRAM SUP25 PLIERS.—A virtual diabetes prevention program supplier 


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1 participating in the MDPP Expanded Model shall be sub2 ject to the same standards as in-person MDPP suppliers 

3 participating in such program, except— 

4 (1) the administrative location of a virtual dia5 betes prevention program supplier shall be the ad6 dress of the supplier on file under the Diabetes Pre7 vention Recognition Program of the CDC; 

8 (2) a virtual diabetes prevention program sup9 plier shall not be required to report a change in its 

10 administrative location except when such supplier’s 

11 address on file under the Diabetes Prevention Rec12 ognition Program has changed; and 

13 (3) a virtual diabetes prevention program sup14 plier shall not be prohibited from submitting or re15 ceiving payment for a claim for virtual diabetes pre16 vention program services because the beneficiary was 

17 not present in the same State or country as such 

18 supplier or service. 

19 (c) DIABETES PREVENTION PROGRAM SUPPLIER

20 SCREENING LEVEL.—The supplier enrollment screening 

21 level applicable to a virtual diabetes prevention program 

22 supplier shall be at a ‘‘high’’ categorical risk in accordance 

23 with section 424.518(c)(2) of title 42, Code of Federal 

24 Regulations (or any successor regulations). 


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1 (d) CLARIFICATION.—Notwithstanding any provision 

2 of this law, the MDPP Expanded Model, upon the inclu3 sion of virtual diabetes prevention program suppliers, shall 

4 continue to be an expanded model under section 1115A 

5 of the Social Security Act (42 U.S.C. 1315a), unless the 

6 Secretary determines, based on performance data from the 

7 MDPP Expanded Model, that continued testing would be 

8 inconsistent with the requirements set forth in subsection 

9 (c) of such section 1115A. 

10 (e) OTHER TESTING.—Nothing in this section shall 

11 limit the Secretary from developing and testing additional 

12 models that utilize virtual technology or deliver health care 

13 services through virtual means. 

14 (f) DEFINITIONS.—In this section: 

15 (1) CDC.—The term ‘‘CDC’’ means the Cen16 ters for Disease Control and Prevention. 

17 (2) MDPP.—The term ‘‘MDPP’’ means the 

18 Medicare Diabetes Prevention Program. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Health and Human Services. 

21 (4) VIRTUAL DIABETES PREVENTION PROGRAM

22 SUPPLIER.—The term ‘‘virtual diabetes prevention 

23 program supplier’’ means a supplier, that meets the 

24 standards for full recognition by the CDC, of diabe25 tes prevention program services that are delivered 


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1 via a synchronous or asynchronous technology or 

2 telecommunications. 

Æ 


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