Acupuncture for Our Seniors Act of 2023

Subjects: Health


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3133

To amend title XVIII of the Social Security Act to provide coverage for 
           acupuncturist services under the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2023

  Ms. Chu (for herself and Mr. Fitzpatrick) 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 provide coverage for 
           acupuncturist services under the Medicare program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Acupuncture for Our Seniors Act of 
2023''.

SEC. 2. COVERAGE FOR ACUPUNCTURIST SERVICES UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(2)--
                    (A) by adding ``and'' at the end of subparagraph 
                (JJ); and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(KK) qualified acupuncturist services (as defined in 
        subsection (nnn)(1));''; and
            (2) by adding at the end the following new subsection:
    ``(nnn) Qualified Acupuncturist Services.--
            ``(1) In general.--The term `qualified acupuncturist 
        services' means such services furnished by a qualified 
        acupuncturist (as defined in paragraph (2)), and such services 
        and supplies furnished as an incident to services furnished by 
        the qualified acupuncturist, as the qualified acupuncturist is 
        legally authorized to perform under State law.
            ``(2) Qualified acupuncturist defined.--For purposes of 
        this subsection, the term `qualified acupuncturist' means--
                    ``(A) an individual who is licensed as an 
                acupuncturist by a State or, in the case of an 
                individual in a State that does not provide for such 
                licensure, meets such criteria (such as certification 
                through an appropriate nationally recognized 
                certification authority for acupuncturists) as the 
                Secretary may specify; or
                    ``(B) a physician who is legally authorized to 
                perform acupuncture as part of the practice of medicine 
                and surgery by the State in which the physician 
                performs such function or action.
        In specifying requirements under subparagraph (A), the 
        Secretary may use the same requirements as those established by 
        a certification authority described in such subparagraph.''.
    (b) Payment Rules.--
            (1) Payment under physician fee schedule.--Section 
        1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) 
        is amended by inserting ``(2)(KK),'' before ``(3),''.
            (2) Separate payment for services of institutional 
        providers.--Section 1833(a)(2)(B) of the Social Security Act 
        (42 U.S.C. 1395l(a)(2)(B)) is amended--
                    (A) in clause (i), by inserting ``and in the case 
                of qualified acupuncturist services,'' after ``1999,'';
                    (B) in clause (ii), by inserting ``or in the case 
                of qualified acupuncturist services,'' after ``1999,''; 
                and
                    (C) in clause (iii), by inserting ``(other than 
                qualified acupuncturist services)'' after ``such 
                services''.
            (3) Qualified acupuncturist treatment as a practitioner.--
        Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 
        1395u(b)(18)(C)) is amended by adding at the end the following 
        new clause:
            ``(ix) A qualified acupuncturist (as defined in section 
        1861(nnn)(2)).''.
            (4) Separate billing for acupuncturist services furnished 
        in an inpatient hospital setting.--Section 1861(b)(4) of the 
        Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by 
        inserting ``qualified acupuncturist services,'' after 
        ``qualified psychologist services,''.
    (c) Effective Date.--The amendments made by this section apply with 
respect to services furnished on or after the date that is 270 days 
after the date of enactment of this Act.
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