I 

116TH CONGRESS 

2D SESSION H. R. 8780 

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

requirements with respect to electrodiagnostic services under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2020 

Mr. WALDEN (for himself and Ms. BLUNT ROCHESTER) 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 additional requirements with respect to electrodiagnostic services under the Medicare 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. ADDITIONAL REQUIREMENTS FOR ELECTRODI4 AGNOSTIC SERVICES. 

5 Section 1834 of the Social Security Act (42 U.S.C. 

6 1395m) is amended by adding at the end the following 

7 new subsection: 


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1 ‘‘(x) PAYMENT FOR ELECTRODIAGNOSTIC SERV2 ICES.— 

3 ‘‘(1) IN GENERAL.—No payment may be made 

4 under this part for electrodiagnostic services de5 scribed in paragraph (2) furnished on or after a date 

6 determined appropriate by the Secretary that is not 

7 less than 3 years after the date of the enactment of 

8 this subsection and not later than 4 years after such 

9 date of enactment that are not furnished at a quali10 fied facility. 

11 ‘‘(2) ELECTRODIAGNOSTIC SERVICES.—The 

12 services described in this paragraph are the fol13 lowing: 

14 ‘‘(A) Nerve conduction studies. 

15 ‘‘(B) Needle electromyography tests. 

16 ‘‘(3) QUALIFIED FACILITY.—In this subsection, 

17 the term ‘qualified facility’ means a facility accred18 ited by an organization specified by the Secretary 

19 pursuant to paragraph (4). 

20 ‘‘(4) ACCREDITATION ORGANIZATIONS.— 

21 ‘‘(A) IN GENERAL.—Not later than 2 years 

22 after the date of the enactment of this sub23 section, the Secretary shall specify one or more 

24 accrediting organizations, in consultation with 

25 the advisory committee described in paragraph 


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1 (5), for purposes determining whether a facility 

2 is a qualified facility. The Secretary may speci3 fy an organization pursuant to the preceding 

4 sentence only if such organization requires, as 

5 a condition of accreditation of a facility by such 

6 organization, that such facility meet the re7 quirements described in subparagraph (B). 

8 ‘‘(B) FACILITY REQUIREMENTS.—The re9 quirements described in this subparagraph are, 

10 with respect to a facility and electrodiagnostic 

11 services furnished at such facility, the following: 

12 ‘‘(i) The facility establishes and main13 tains a quality assurance and control pro14 gram to ensure the reliability, safety, and 

15 accuracy of such service. 

16 ‘‘(ii) The facility ensures that such 

17 service is conducted using a device capable 

18 of performing both nerve conduction stud19 ies that record amplitude and latency and 

20 needle electromyography tests capable of 

21 real-time waveform display and analysis. 

22 ‘‘(iii) In the case that such service is 

23 a needle electromyography test, the facility 

24 ensures that the physician furnishing such 

25 test has completed not less than three 


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1 months of training in furnishing 

2 electrodiagnostic services through a resi3 dency or fellowship program accredited by 

4 the Accreditation Council for Graduate 

5 Medical Education or the Royal College of 

6 Physicians and Surgeons of Canada. 

7 ‘‘(iv) The facility ensures that the re8 sults are interpreted on-site and at the 

9 time of the procedure— 

10 ‘‘(I) in the case of a needle 

11 electromyography test, by the physi12 cian who performed such test; and 

13 ‘‘(II) in the case of a nerve con14 duction study, by the physician who 

15 performed or supervised such study. 

16 ‘‘(v) Any other requirement deter17 mined appropriate by the Secretary. 

18 ‘‘(C) REGULATIONS.—Not later than 1 

19 year after the date of the enactment of this 

20 subsection, the Secretary shall finalize regula21 tions that outline— 

22 ‘‘(i) the process by which an accred23 iting organization may be specified under 

24 subparagraph (A); 


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1 ‘‘(ii) the duration and the minimum 

2 time period between reviews for reaccredi3 tation an organization so specified must 

4 provide for with respect to an accreditation 

5 of a facility made by such organization; 

6 ‘‘(iii) the process by which the Sec7 retary may withdraw approval of an ac8 crediting organization so specified if the 

9 Secretary determines that such organiza10 tion no longer requires, as a condition of 

11 accreditation of a facility by such organiza12 tion, that such facility meet the require13 ments described in subparagraph (B); and 

14 ‘‘(iv) the effect such a withdrawal will 

15 have on facilities accredited by such orga16 nization as of the date of such withdrawal. 

17 ‘‘(5) ADVISORY COMMITTEE.— 

18 ‘‘(A) IN GENERAL.—Not later than 2 years 

19 after the date of the enactment of this sub20 section, the Secretary shall establish an advi21 sory committee to be known as the ‘National 

22 Electrodiagnostic Services Advisory Committee’ 

23 (in this subsection referred to as the ‘com24 mittee’) for purposes of carrying out the duties 

25 specified in subparagraph (B). 


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1 ‘‘(B) DUTIES.—The duties of the com2 mittee are the following: 

3 ‘‘(i) To provide to the Secretary rec4 ommendations with respect to require5 ments that may be determined appropriate 

6 by the Secretary pursuant to paragraph 

7 (4)(B)(v), including any proposed additions 

8 to such requirements or modifications of 

9 such requirements. In developing such rec10 ommendations, the committee shall 

11 prioritize— 

12 ‘‘(I) reducing unnecessary treat13 ments and surgeries; 

14 ‘‘(II) decreasing the need for re15 testing of individuals; 

16 ‘‘(III) enhancing the reliability of 

17 diagnoses and promoting positive 

18 health outcomes for individuals; 

19 ‘‘(IV) addressing emerging waste, 

20 fraud, and abuse schemes; and 

21 ‘‘(V) otherwise improving the 

22 quality of care for individuals. 

23 ‘‘(ii) To provide to the Secretary rec24 ommendations regarding the regulations 

25 described in paragraph (4)(C). 


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1 ‘‘(iii) To provide to the Secretary rec2 ommendations with respect to whether ac3 crediting organizations seeking to be speci4 fied pursuant to paragraph (4)(A) should 

5 be so specified. 

6 ‘‘(C) COMPOSITION.—The committee shall 

7 be composed of not fewer than 9 and not more 

8 than 11 individuals selected by the Secretary. 

9 Such individuals shall not be officers or employ10 ees of the Federal Government and shall in11 clude— 

12 ‘‘(i) physicians; 

13 ‘‘(ii) other health care practitioners; 

14 and 

15 ‘‘(iii) other individuals determined ap16 propriate by the Secretary. 

17 ‘‘(D) MEETINGS.—The committee shall 

18 convene not less than twice each year.’’. 

Æ 


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