I 
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 subse-
quently 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 Representa-
tives 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’’. 
VerDate Sep 11 2014 
00:55 May 20, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3133.IH
H3133
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. COVERAGE FOR ACUPUNCTURIST SERVICES UNDER 
THE MEDICARE PROGRAM. 
(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 adding ‘‘and’’ at the end of sub-
paragraph (JJ); and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(KK) qualified acupuncturist services (as de-
fined in subsection (nnn)(1));’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(nnn) QUALIFIED ACUPUNCTURIST SERVICES.— 
‘‘(1) 
IN
GENERAL.—The 
term 
‘qualified 
acupuncturist services’ means such services fur-
nished by a qualified acupuncturist (as defined in 
paragraph (2)), and such services and supplies fur-
nished 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— 
VerDate Sep 11 2014 
00:55 May 20, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3133.IH
H3133
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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 cer-
tification through an appropriate nationally rec-
ognized 
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 de-
scribed in such subparagraph.’’. 
(b) PAYMENT RULES.— 
(1) PAYMENT UNDER PHYSICIAN FEE SCHED-
ULE.—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 IN-
STITUTIONAL
PROVIDERS.—Section 1833(a)(2)(B) 
of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1395l(a)(2)(B)) is amended— 
VerDate Sep 11 2014 
00:55 May 20, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3133.IH
H3133
kjohnson on DSK79L0C42PROD with BILLS
(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 insert-
ing ‘‘qualified acupuncturist services,’’ after ‘‘quali-
fied psychologist services,’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section apply with respect to services furnished on or 
VerDate Sep 11 2014 
00:55 May 20, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3133.IH
H3133
kjohnson on DSK79L0C42PROD with BILLS