I 

116TH CONGRESS 

1ST SESSION H. R. 2293 

To amend title XVIII of the Social Security Act to exclude complex rehabilitative manual wheelchairs from the Medicare competitive acquisition program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2019 

Mr. LARSON of Connecticut (for himself, Mr. ZELDIN, Ms. STEFANIK, Mr. 

FITZPATRICK, Mr. HIGGINS of New York, Mr. TONKO, Mr. KELLY of 

Pennsylvania, Mr. EMMER, Mr. RUSH, Ms. CLARKE of New York, Mr. 

LANGEVIN, Mr. SWALWELL of California, Ms. JAYAPAL, Mr. SIRES, Mr. 

CONNOLLY, Mr. RUPPERSBERGER, Mr. DEFAZIO, Mr. MEEKS, Mr. 

LOEBSACK, Mr. KING of New York, Mr. ESPAILLAT, Ms. BONAMICI, and 

Miss RICE of New York) 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 exclude 

complex rehabilitative manual wheelchairs from the Medicare competitive acquisition 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Access to 

3 Wheelchairs Act’’. 

4 SEC. 2. EXCLUSION OF COMPLEX REHABILITATIVE MAN5 UAL WHEELCHAIRS FROM MEDICARE COM6 PETITIVE ACQUISITION PROGRAM; NON-AP7 PLICATION OF MEDICARE FEE-SCHEDULE 

8 ADJUSTMENTS FOR CERTAIN WHEELCHAIR 

9 ACCESSORIES AND CUSHIONS. 

10 (a) EXCLUSION OF COMPLEX REHABILITATIVE MAN11 UAL WHEELCHAIRS FROM COMPETITIVE ACQUISITION

12 PROGRAM.—Section 1847(a)(2)(A) of the Social Security 

13 Act (42 U.S.C. 1395w–3(a)(2)(A)) is amended— 

14 (1) by inserting ‘‘, complex rehabilitative man15 ual wheelchairs (as determined by the Secretary), 

16 and certain manual wheelchairs (identified, as of Oc17 tober 1, 2018, by HCPCS codes E1235, E1236, 

18 E1237, E1238, and K0008 or any successor to such 

19 codes)’’ after ‘‘group 3 or higher’’; and 

20 (2) by striking ‘‘such wheelchairs’’ and insert21 ing ‘‘such complex rehabilitative power wheelchairs, 

22 complex rehabilitative manual wheelchairs, and cer23 tain manual wheelchairs’’. 

24 (b) NON-APPLICATION OF MEDICARE FEE SCHED25 ULE ADJUSTMENTS FOR WHEELCHAIR ACCESSORIES AND

26 SEAT AND BACK CUSHIONS WHEN FURNISHED IN CONVerDate Sep 11 2014 01:25 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2293.IH H2293

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1 NECTION WITH COMPLEX REHABILITATIVE MANUAL

2 WHEELCHAIRS.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law, the Secretary of Health and 

5 Human Services shall not, during the period begin6 ning on July 1, 2019, and ending on December 31, 

7 2020, use information on the payment determined 

8 under the competitive acquisition programs under 

9 section 1847 of the Social Security Act (42 U.S.C. 

10 1395w–3) to adjust the payment amount that would 

11 otherwise be recognized under section 

12 1834(a)(1)(B)(ii) of such Act (42 U.S.C. 

13 1395m(a)(1)(B)(ii)) for wheelchair accessories (in14 cluding seating systems) and seat and back cushions 

15 when furnished in connection with complex rehabili16 tative manual wheelchairs (as determined by the 

17 Secretary), and certain manual wheelchairs (identi18 fied, as of October 1, 2018, by HCPCS codes 

19 E1235, E1236, E1237, E1238, and K0008 or any 

20 successor to such codes). 

21 (2) IMPLEMENTATION.—Notwithstanding any 

22 other provision of law, the Secretary may implement 

23 this subsection by program instruction or otherwise. 

Æ 


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