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107TH CONGRESS

1ST SESSION H. R. 2117

To amend title XVIII of the Social Security Act to expand coverage of

medical nutrition therapy services under the Medicare Program for beneficiaries with cardiovascular disease.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 2001

Mr. UPTON (for himself, Ms. ESHOO, Mr. HOEFFEL, Ms. ROS-LEHTINEN, Mr.

BALDACCI, Mr. BAKER, Mr. ANDREWS, Mr. SNYDER, Mr. CAMP, Ms.

PRICE of Ohio, Mr. UDALL of New Mexico, Mr. HUTCHINSON, Mr. KING,

Mr. JEFFERSON, Mr. PICKERING, Mr. SIMMONS, Mr. NORWOOD, Mr.

WICKER, Mr. PASTOR, Mr. BONIOR, Mr. BLUMENAUER, Mr. ROSS, Mr.

CRAMER, Ms. KILPATRICK, Mr. ACKERMAN, Mr. HINCHEY, Mr. BOUCHER, Mr. PAUL, Mr. SAXTON, Mr. HOUGHTON, Mr. GREEN of Texas,

Mr. ABERCROMBIE, Mr. TANNER, Mr. CARSON of Oklahoma, Ms. RIVERS, Mrs. JONES of Ohio, Mr. STRICKLAND, Mr. TOOMEY, Mr. FARR of

California, Mr. PRICE of North Carolina, Mr. VISCLOSKY, Mrs. EMERSON, Mrs. THURMAN, Mr. GOODLATTE, Ms. LEE, Mr. SOUDER, Mr.

SKELTON, Mr. SANDLIN, Mr. LATOURETTE, Ms. JACKSON-LEE of Texas,

Mr. SHAYS, Mr. DEUTSCH, Mrs. MORELLA, Mr. TIERNEY, and Mr.

WYNN) 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 expand

coverage of medical nutrition therapy services under the

Medicare Program for beneficiaries with cardiovascular

disease.
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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 Medical Nu5 trition Therapy Amendment Act of 2001’’.

6 SEC. 2. COVERAGE OF MEDICAL NUTRITION THERAPY

7 SERVICES FOR BENEFICIARIES WITH CAR8 DIOVASCULAR DISEASES.

9 (a) IN GENERAL.—Section 1861(s)(2)(V) of the So10 cial Security Act (42 U.S.C. 1395x(s)(2)(V)), as added by

11 subsection (a) of section 105 of the Medicare, Medicaid,

12 and SCHIP Benefits Improvement and Protection Act of

13 2000 (114 Stat. 2763A–471), as enacted into law by sec14 tion 1(a)(6) of Public Law 106–554, is amended to read

15 as follows:

16 ‘‘(V) medical nutrition therapy services (as de17 fined in subsection (vv)(1)) in the case of a

18 beneficiary—

19 ‘‘(i) with a cardiovascular disease (includ20 ing congestive heart failure, arteriosclerosis,

21 hyperlipidemia, hypertension, and

22 hypercholesterolemia), diabetes, or a renal dis23 ease (or a combination of such conditions)

24 who—
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1 ‘‘(I) has not received diabetes out2 patient self-management training services

3 within a time period determined by the

4 Secretary;

5 ‘‘(II) is not receiving maintenance di6 alysis for which payment is made under

7 section 1881; and

8 ‘‘(III) meets such other criteria deter9 mined by the Secretary after consideration

10 of protocols established by dietitian or nu11 trition professional organizations; or

12 ‘‘(ii) with a combination of such conditions

13 who—

14 ‘‘(I) is not described in clause (i) be15 cause of the application of subclause (I) or

16 (II) of such clause;

17 ‘‘(II) receives such medical nutrition

18 therapy services in a coordinated manner

19 (as determined appropriate by the Sec20 retary) with any services described in such

21 subclauses that the beneficiary is receiving;

22 and

23 ‘‘(III) meets such other criteria deter24 mined by the Secretary after consideration
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1 of protocols established by dietitian or nu2 trition professional organizations;’’.

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

4 subsection (a) shall take effect as if included in the enact5 ment of such section 105.

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