I 
109TH CONGRESS 
2D SESSION 
H. R. 6260 
To amend title XVIII of the Social Security Act to provide for coverage 
under the Medicare Program of certain medical mobility devices approved 
as class III medical devices. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2006 
Mr. BASS (for himself, Mr. LANGEVIN, Mr. RAMSTAD, Mr. FERGUSON, Mr. 
NUNES, Mr. ISSA, and Mr. JINDAL) 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for coverage under the Medicare Program of certain med-
ical mobility devices approved as class III medical de-
vices. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MEDICARE COVERAGE OF CLASS III MEDICAL 
MOBILITY DEVICES. 
(a) COVERED BENEFIT.—Section 1861(s)(2) of the 
Social Security Act (42 U.S.C. 1395x(s)(2)) is amended— 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
(1) in subparagraph (Z), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (AA), by inserting ‘‘and’’ 
at the end; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(BB) class III medical mobility devices (as de-
fined in subsection (ccc)(1)) furnished to a class III 
medical mobility-device eligible individual (as defined 
in subsection (ccc)(2));’’. 
(b) DEFINITIONS.—Section 1861 of such Act (42 
U.S.C. 1395x) is amended by adding at the end the fol-
lowing new subsection: 
‘‘Class III Medical Mobility Device; Class III Medical 
Mobility-Device Eligible Individual 
‘‘(ccc)(1) The term ‘class III medical mobility device’ 
means a medical mobility device that has been approved 
as a class III medical device pursuant to a premarket ap-
proval application under the Federal Food, Drug, and 
Cosmetic Act and that— 
‘‘(A) is able, among other functions— 
‘‘(i) to ascend and descend stairs using a 
climbing and descending function; 
‘‘(ii) to traverse different terrain and var-
ious obstacles (including uneven terrain, curbs 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
of 5 inches in height, grass, gravel and other 
soft surfaces) using a 4-wheel drive function; 
and 
‘‘(iii) to provide mobility in a seated posi-
tion at an elevated height using a balance func-
tion; 
‘‘(B) has been prescribed for a class III medical 
mobility-device eligible individual (as defined in 
paragraph (2)) by the individual’s treating physician 
(as defined in subsection (r)(1)) for an approved in-
dication of the class III medical mobility device; and 
‘‘(C) is only dispensed after an assessment of 
the class III medical mobility-device eligible indi-
vidual has been completed by a health care profes-
sional specified in paragraph (3) who has success-
fully completed training in making such assessments 
under standards specified by the Secretary in con-
sultation with representatives of appropriate indus-
try and medical organizations. 
‘‘(2) The term ‘class III medical mobility-device eligi-
ble individual’ means, with respect to a class III medical 
mobility device, an individual who, at the time the pre-
scription for the device is written, meets each of the fol-
lowing requirements: 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
‘‘(A) The individual suffers from a functional 
limitation of mobility that hinders the individual’s 
ability to perform mobility-related activities of daily 
living. 
‘‘(B) The individual demonstrates sufficient 
cognitive and physical ability for the proper and safe 
operation of the device (such as sufficient use of one 
upper extremity and the ability to dial a push button 
telephone or operate a hand operated joystick) under 
such medical standards as the Secretary may speci-
fy. 
‘‘(C) The individual meets drivers licensing cri-
teria established in 1996 by the Epilepsy Founda-
tion of America. 
‘‘(D) The individual does not require mechan-
ical ventilation. 
‘‘(E) The individual is not a resident of an in-
stitution that meets the requirements of subsection 
(e)(1) or section 1819(a)(1). 
‘‘(F) The individual has completed a com-
prehensive training program (that meets standards 
developed by the Secretary in consultation with ap-
propriate industry representatives) on the safe oper-
ation of the class III medical mobility device and its 
functions. 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
‘‘(3) A health care professional specified in this para-
graph is any of the following: 
‘‘(A) A physician (as defined in subsection 
(r)(1)). 
‘‘(B) A physician assistant. 
‘‘(C) A nurse practitioner. 
‘‘(D) A qualified physical therapist. 
‘‘(E) A qualified occupational therapist.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) PROVISION OF CLASS III MEDICAL MOBILITY 
DEVICE ONLY TO CLASS III MEDICAL MOBILITY-DE-
VICE
ELIGIBLE
INDIVIDUALS; 
MEDICAL
NECES-
SITY.—Section 1862 of such Act (42 U.S.C. 1395y) 
is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (M), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (N), by striking 
the semicolon at the end and inserting ‘‘, 
and’’; and 
(iii) by inserting after subparagraph 
(N) the following new subparagraph: 
‘‘(O) in the case of a class III medical mo-
bility device (as defined in paragraph (1) of sec-
tion 1861(ccc)), which is furnished other than 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
to a class III medical mobility-device eligible in-
dividual (as defined in paragraph (2) of such 
section);’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(n) CLARIFICATION OF COVERAGE OF AND PAY-
MENT FOR ALL FUNCTIONS OF CLASS III MEDICAL MO-
BILITY DEVICES.—In the case of a class III medical mo-
bility device (as defined in section 1861(ccc)(1)) furnished 
to a class III medical mobility-device eligible individual, 
each function of such device, including the functions de-
scribed in subparagraph (A) of such section, are deemed 
for purposes of subsection (a)(1), to be reasonable and 
necessary for the treatment of an illness or injury or to 
improve the functioning of a malformed body member.’’. 
(2) PAYMENT IN CONNECTION WITH COVERED 
ITEMS; PURCHASE
AGREEMENT
OPTION; MAINTE-
NANCE.—Section 1834(a) of such Act (42 U.S.C. 
1395m(a)) is amended— 
(A) in paragraph (1)(B)(ii), by inserting 
‘‘and (22) in the case of a class III medical mo-
bility device,’’ after ‘‘(7)’’; 
(B) in paragraph (13), by inserting before 
the period at the end the following: ‘‘, and also 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
includes a class III medical mobility device (as 
defined in section 1861(ccc)(1))’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(22) PAYMENT FOR CLASS III MEDICAL MOBIL-
ITY DEVICES.— 
‘‘(A) IN
GENERAL.—Subject to the suc-
ceeding provisions of this paragraph, in the case 
of a class III medical mobility device (as de-
fined in section 1861(ccc)(1)), the provisions of 
paragraph (7) (including the option for a pur-
chase agreement under subparagraph (A)(iii) of 
such paragraph) shall apply to such device 
under this paragraph in the same manner as 
those provisions apply to a covered item under 
paragraph (7). 
‘‘(B) PAYMENT FOR ALL FUNCTIONS OF 
CLASS III MEDICAL MOBILITY DEVICES.—In the 
case of a class III medical mobility device, pay-
ment under this paragraph for such device shall 
be made taking into account all functions of 
such device, consistent with section 1862(n). 
‘‘(C) LIMITATION ON AGGREGATE NUMBER 
OF DEVICES COVERED DURING 2007 THROUGH 
2011.—With respect to class III medical mobil-
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
ity devices furnished during each of 2007 
through 2011, payment shall only be made 
under this subsection for 1,000 such devices 
furnished in each such year. The limitation on 
payment under the preceding sentence for class 
III medical mobility devices shall not apply with 
respect to any year beginning after 2011.’’. 
(3) REQUIREMENT
FOR
FACE-TO-FACE
EN-
COUNTER
WITH
A
PHYSICIAN
AND
FOR
WRITTEN 
PRESCRIPTION.—Clause 
(iv) 
of 
section 
1834(a)(1)(E) 
of 
such 
Act 
(42 
U.S.C. 
1395m(a)(1)(E)) is amended— 
(A) by adding at the end the following: ‘‘In 
the case of a covered item consisting of a class 
III medical mobility device (as defined in para-
graph (1) of section 1861(ccc)) for a class III 
medical mobility-device eligible individual (as 
defined in paragraph (2) of such section), pay-
ment may not be made for such item unless a 
physician (as so defined) has conducted a face- 
to-face examination and written a prescription 
for the item, and after an assessment of such 
individual has been completed by a health care 
professional specified in paragraph (3) of such 
section.’’; and 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS
(B) in the heading, by inserting ‘‘AND 
CLASS III MEDICAL MOBILITY DEVICES’’ after 
‘‘WHEELCHAIRS’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items and services furnished on 
or after January 1, 2007. 
Æ 
VerDate Aug 31 2005 
01:03 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H6260.IH
H6260
hmoore on PROD1PC68 with HMBILLS