I 

109TH CONGRESS 

2D SESSION H. R. 4994 

To amend title XVIII of the Social Security Act to exempt complex rehabilitation products and assistive technology products from the Medicare competitive acquisition program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

Mr. LEWIS of Kentucky 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 exempt 

complex rehabilitation products and assistive technology 

products from the Medicare competitive acquisition 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Access to 

5 Complex Rehabilitation and Assistive Technology Act of 

6 2006’’. 


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1 SEC. 2. EXEMPTION OF COMPLEX REHABILITATION AND 

2 ASSISTIVE TECHNOLOGY FROM THE MEDI3 CARE COMPETITIVE ACQUISITION PROGRAM. 

4 (a) IN GENERAL.—Section 1847(a) of the Social Se5 curity Act (42 U.S.C. 1395w-3(a)) is amended— 

6 (1) in paragraph (2)(A)— 

7 (A) by striking ‘‘but excluding’’ and all 

8 that follows through ‘‘Cosmetic Act.’’ and in9 serting ‘‘but excluding—’’; and 

10 (B) by adding at the end the following new 

11 clauses: 

12 ‘‘(i) class III devices under the Fed13 eral Food, Drug, and Cosmetic Act; and 

14 ‘‘(ii) complex rehabilitation products 

15 and assistive technology products (de16 scribed in paragraph (7)(A)) that are pre17 scribed by a physician and provided by a 

18 supplier that is accredited by an inde19 pendent accreditation organization des20 ignated under section 1834(a)(20)(B).’’; 

21 and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(7) COMPLEX REHABILITATION PRODUCTS

25 AND ASSISTIVE TECHNOLOGY PRODUCTS DE26 SCRIBED.— 


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1 ‘‘(A) IN GENERAL.—For purposes of para2 graph (2)(A)(ii), complex rehabilitation prod3 ucts and assistive technology products described 

4 in this subparagraph are medically necessary 

5 adaptive seating, positioning, and mobility de6 vices and speech generating devices that are 

7 evaluated, fitted, configured, adjusted, or pro8 grammed to meet the specific and unique needs 

9 of an individual with a primary diagnosis re10 sulting from injury or trauma or which is neu11 romuscular in nature. Such a primary diagnosis 

12 includes spinal cord injury, traumatic brain in13 jury, cerebral palsy, muscular dystrophy, spinal 

14 muscular atrophy, spina bifida, amyotrophic lat15 eral sclerosis, multiple sclerosis, or any other 

16 disease or disability identified by the Secretary 

17 as requiring the use of such devices. 

18 ‘‘(B) ESTABLISHMENT OF MEDICAL NE19 CESSITY.—For purposes of subparagraph (A), 

20 in establishing medical necessity of a device de21 scribed in such subparagraph for the treatment 

22 of an individual, the Secretary shall consider 

23 whether the device is expected to be necessary 

24 for such treatment taking into account the di25 agnosis, prognosis, and functional need of the 


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1 individual and the expected progression of the 

2 disease or disability involved.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall be effective as if included in the enact5 ment of the Medicare Prescription Drug, Improvement, 

6 and Modernization Act of 2003 (Public Law 108–173). 

Æ 


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