I 
110TH CONGRESS 
1ST SESSION H. R. 3968 
To amend title XVIII of the Social Security Act to provide for Medicare 
coverage of services of qualified respiratory therapists performed under 
the general supervision of a physician. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2007 
Mr. ROSS 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 juris-
diction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for Medicare coverage of services of qualified respiratory 
therapists performed under the general supervision of 
a physician. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicare Respiratory 
Therapy Initiative Act of 2007’’. 
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SEC. 2. MEDICARE COVERAGE OF SERVICES OF QUALIFIED 
RESPIRATORY 
THERAPISTS 
PERFORMED 
UNDER THE GENERAL SUPERVISION OF A 
PHYSICIAN. 
(a) IN GENERAL.—Section 1861 of the Social Secu-
rity Act (42 U.S.C. 1395x) is amended— 
(1) in subsection (s)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (Z); 
(B) by adding ‘‘and’’ at the end of sub-
paragraph (AA); and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(BB) respiratory therapy services which would 
be physicians’ services if furnished by a physician 
(as defined in subsection (r)(1)) for the diagnosis 
and treatment of respiratory illnesses and which are 
performed by a respiratory therapist (as defined in 
subsection (ccc)) under the general supervision of a 
physician and which the respiratory therapist is le-
gally authorized to perform by the State in which 
the services are performed, but only if no facility or 
other provider charges or is paid any amounts with 
respect to the furnishing of such services.’’; and 
(2) by adding at the end the following new sub-
section: 
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‘‘Respiratory Therapist 
‘‘(ccc) For purposes of subsection (s)(2)(BB) and 
section 1833(a)(1)(W) only, the term ‘respiratory thera-
pist’ means an individual who— 
‘‘(1) is credentialed by a national credentialing 
board recognized by the Secretary; 
‘‘(2)(A) is licensed to practice respiratory ther-
apy in the State in which the respiratory therapy 
services are performed, or (B) in the case of an indi-
vidual in a State which does not provide for such li-
censure, is legally authorized to perform respiratory 
therapy services (in the State in which the individual 
performed such services) under State law (or the 
State regulatory mechanism provided by State law); 
‘‘(3) is a registered respiratory therapist; and 
‘‘(4) holds a bachelor’s degree.’’. 
(b) PAYMENT.—Section 1833(a)(1) of such Act (42 
U.S.C. 1395l(a)(1)) is amended— 
(1) by striking ‘‘and’’ before ‘‘(V)’’; and 
(2) by inserting before the semicolon at the end 
the following: ‘‘(W) with respect to services de-
scribed in section 1861(s)(2)(BB) (relating to serv-
ices furnished by a respiratory therapist) that are 
furnished by a respiratory therapist (as defined in 
section 1861(ccc)), the amount paid shall be equal 
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to 80 percent of the lesser of the actual charge for 
the services or 85 percent of the fee schedule 
amount provided under section 1848 for the same 
services if furnished by a physician’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to services furnished on or after 
January 1, 2008. 
Æ 
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