I

106TH CONGRESS

1ST SESSION H. R. 1890

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

of qualified acupuncturist services under part B of the Medicare Program, and to amend title 5, United States Code, to provide for coverage

of such services under the Federal Employees Health Benefits Program.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1999

Mr. HINCHEY (for himself, Mr. FILNER, Mr. ROHRABACHER, Mr. FROST, Ms.

PELOSI, and Ms. KILPATRICK) introduced the following bill; which was

referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, and Government Reform, 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 coverage of qualified acupuncturist services under

part B of the Medicare Program, and to amend title

5, United States Code, to provide for coverage of such

services under the Federal Employees Health Benefits

Program.

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 ‘‘Federal Acupuncture

3 Coverage Act of 1999’’.

4 SEC. 2. COVERAGE OF ACUPUNCTURIST SERVICES UNDER

5 MEDICARE.

6 (a) IN GENERAL.—Section 1861(s)(2) of the Social

7 Security Act (42 U.S.C. 1395x(s)(2)) is amended—

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (S);

10 (2) by striking the period at the end of sub11 paragraph (T) and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(U) qualified acupuncturist services (as de15 fined in subsection (uu)); and’’.

16 (b) PAYMENT RULES.—

17 (1) DETERMINATION OF AMOUNT OF PAY18 MENT.—Section 1833(a)(1) of such Act (42 U.S.C.

19 1395l(a)(1)) is amended—

20 (A) by striking ‘‘and’’ before ‘‘(S)’’, and

21 (B) by striking the semicolon at the end

22 and inserting the following: ‘‘, and (T) with re23 spect to qualified acupuncturist services de24 scribed in section 1861(s)(2)(U), the amounts

25 paid shall be the amount determined by a fee

26 schedule established by the Secretary for pur-
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1 poses of this clause (but in no event shall such

2 amount exceed the fee schedule amount pro3 vided under section 1848 for the same service

4 performed by a physician);’’.

5 (2) SEPARATE PAYMENT FOR SERVICES OF IN6 STITUTIONAL PROVIDERS.—Section 1832(a)(2)(B)

7 of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended,

8 in clauses (i) and (ii), by inserting ‘‘and in the case

9 of qualified acupuncturist services furnished at any

10 time’’ after ‘‘1999,’’ each place it appears.

11 (c) SERVICES DESCRIBED.—Section 1861 of such

12 Act (42 U.S.C. 1395x) is amended by adding at the end

13 the following new subsection:

14 ‘‘Qualified Acupuncturist Services

15 ‘‘(uu)(1) The term ‘qualified acupuncturist services’

16 means such services furnished by a qualified acupuncturist

17 (as defined in paragraph (2)) and such services and sup18 plies furnished as an incident to services furnished by the

19 qualified acupuncturist which the qualified acupuncturist

20 is legally authorized to perform under State law (or the

21 State regulatory mechanism provided by State law).

22 ‘‘(2) The term ‘qualified acupuncturist’ means an in23 dividual who has been certified, licensed, or registered as

24 an acupuncturist by a State (or the State regulatory

25 mechanism provided by State law).’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section apply to services furnished on or after Janu3 ary 1, 2000.

4 SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER

5 FEDERAL EMPLOYEES HEALTH BENEFIT

6 PLANS.

7 (a) IN GENERAL.—Section 8902(k)(1) of title 5,

8 United States Code, is amended by inserting

9 ‘‘acupuncturist,’’ after ‘‘nurse midwife,’’ each place it ap10 pears.

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

12 subsection (a) applies with respect to services provided

13 after December 31, 1999.

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