I

103D CONGRESS

1ST SESSION H. R. 2588

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

JULY 1, 1993

Mr. HINCHEY introduced the following bill; which was referred jointly to the

Committees on Ways and Means, Energy and Commerce, and Post Office

and Civil Service

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Acupuncture

5 Coverage Act of 1993’’.
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1 SEC. 2. COVERAGE OF ACUPUNCTURIST SERVICES UNDER

2 MEDICARE.

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

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

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (O);

7 (2) by adding ‘‘and’’ at the end of subpara8 graph (P); and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(Q) qualified acupuncturist services (as de12 fined in subsection (oo));’’.

13 (b) PAYMENT RULES.—

14 (1) DETERMINATION OF AMOUNT OF PAY15 MENT.—Section 1833(a)(1) of such Act (42 U.S.C.

16 1395l(a)(1)) is amended—

17 (A) by striking ‘‘section 1834(h)(1), (M)’’

18 and inserting ‘‘section 1834(h)(1), (N)’’;

19 (B) by striking ‘‘subsection (r)(2)) and

20 (N)’’ and inserting ‘‘subsection (r)(2)), (O)’’;

21 and

22 (C) by striking the semicolon at the end

23 and inserting the following: ‘‘, and (P) with re24 spect to qualified acupuncturist services de25 scribed in section 1861(s)(2)(Q), the amounts

26 paid shall be the amount determined by a fee
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1 schedule established by the Secretary for pur2 poses of this subparagraph (but in no event

3 shall such amount exceed 65 percent of the fee

4 schedule amount provided under section 1848

5 for the same service performed by a physi6 cian);’’.

7 (2) SEPARATE PAYMENT FOR SERVICES OF

8 INSTITUTIONAL PROVIDERS.—Section

9 1832(a)(2)(B)(iii) of such Act (42 U.S.C.

10 1395k(a)(2)(B)(iii)) is amended—

11 (A) by striking ‘‘and services’’ and insert12 ing ‘‘services’’; and

13 (B) by striking the semicolon at the end

14 and inserting the following: ‘‘, and qualified

15 acupuncturist services described in section

16 1861(s)(2)(Q);’’.

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

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

19 the following new subsection:

20 ‘‘Qualified Acupuncturist Services

21 ‘‘(oo)(1) The term ‘qualified acupuncturist services’

22 means such services furnished by a qualified acupuncturist

23 (as defined in paragraph (2)) and such services and sup24 plies furnished as an incident to services furnished by the

25 qualified acupuncturist which the qualified acupuncturist
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1 is legally authorized to perform under State law (or the

2 State regulatory mechanism provided by State law).

3 ‘‘(2) The term ‘qualified acupuncturist’ means an in4 dividual who has been certified, licensed, or registered as

5 an acupuncturist by a State (or the State regulatory

6 mechanism provided by State law).’’.

7 (d) EFFECTIVE DATE.—The amendments made by

8 this section shall apply to services furnished on or after

9 January 1, 1994.

10 SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER

11 FEDERAL EMPLOYEES HEALTH BENEFIT

12 PLANS.

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

14 United States Code, is amended by inserting

15 ‘‘acupuncturist,’’ after ‘‘nurse midwife,’’ each place it ap16 pears.

17 (b) APPLICABILITY.—The amendment made by sub18 section (a) shall apply with respect to services provided

19 after December 31, 1993.

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