SEC. 202. COVERAGE OF EVIDENCE-BASED PREVENTIVE 
SERVICES UNDER MEDICAID AND SCHIP. 
(a) STATE OPTION TO PROVIDE MEDICAL ASSIST-
ANCE FOR EVIDENCE-BASED PREVENTIVE SERVICES.— 
(1) IN GENERAL.—Section 1905 of the Social 
Security Act (42 U.S.C. 1396d) is amended— 
(A) in subsection (a)— 
(i) in paragraph (28), by striking 
‘‘and’’ at the end; 
(ii) by redesignating paragraph (29) 
as paragraph (30); and 
(iii) by inserting after paragraph (28) 
the following: 
‘‘(29) evidence-based preventive services de-
scribed in subsection (ee); and’’; and 
(B) by adding at the end the following: 
‘‘(ee) For purposes of subsection (a)(29), evidence- 
based preventive services described in this subsection 
are— 
‘‘(1) any preventive services which the Sec-
retary has determined are reasonable and necessary 
for preventing obesity and comorbidities of obesity, 
including diet and exercise counseling, and healthy 
weight and obesity counseling; and 
‘‘(2) any other evidence-based, effective, clinical 
intervention for obese individuals designed to pre-
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vent comorbidities of obesity, including pharma-
cological or surgical services.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1902(a)(10)(C)(iv) 
of 
such 
Act 
(42 
U.S.C. 
1396(a)(10)(C)(iv)) is amended by inserting ‘‘, or 
(29)’’ after ‘‘(24)’’. 
(b) STATE OPTION TO PROVIDE CHILD HEALTH AS-
SISTANCE
FOR EVIDENCE-BASED PREVENTIVE SERV-
ICES.—Section 2110(a) of the Social Security Act (42 
U.S.C. 1397jj(a)) is amended— 
(1) by redesignating paragraph (28) as para-
graph (29); and 
(2) by inserting after paragraph (27) the fol-
lowing: 
‘‘(28) Evidence-based preventive services de-
scribed in section 1905(ee).’’. 
SEC. 203. COVERAGE OF MEDICAL NUTRITION THERAPY 
UNDER MEDICAID AND CHIP. 
(a) STATE OPTION TO PROVIDE MEDICAL ASSIST-
ANCE FOR MEDICAL THERAPY SERVICES.— 
(1) IN GENERAL.—Section 1905(a) of the So-
cial Security Act (42 U.S.C. 1396d(a)), as amended 
by section 202(a)(1), is amended— 
(A) in paragraph (29), by striking ‘‘and’’ 
at the end; 
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(B) by redesignating paragraph (30) as 
paragraph (31); and 
(C) by inserting after paragraph (29) the 
following: 
‘‘(30) medical nutrition therapy services (as de-
fined in section 1861(vv)(1)) for individuals with 
prediabetes or obesity or who are overweight (as de-
fined by the Secretary); and’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1902(a)(10)(C)(iv) 
of 
such 
Act 
(42 
U.S.C. 
1396(a)(10)(C)(iv)), 
as 
amended 
by 
section 
202(a)(2), is amended by striking ‘‘or (29)’’ and in-
serting ‘‘(29), or (30)’’. 
(b) STATE OPTION TO PROVIDE CHILD HEALTH AS-
SISTANCE
FOR MEDICAL NUTRITION THERAPY SERV-
ICES.—Section 2110(a) of the Social Security Act (42 
U.S.C. 1397jj(a)), as amended by section 202(b), is 
amended— 
(1) by redesignating paragraph (29) as para-
graph (30); and 
(2) by inserting after paragraph (28) the fol-
lowing: 
‘‘(29) Medical nutrition therapy services (as de-
fined in section 1861(vv)(1)) for individuals with 
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prediabetes or obesity or who are overweight (as de-
fined by the Secretary).’’. 
SEC. 204. CLARIFICATION OF EPSDT INCLUSION OF PRE-
VENTION, 
SCREENING, 
AND 
TREATMENT 
SERVICES FOR OBESITY AND OVERWEIGHT; 
CHIP COVERAGE. 
(a) IN GENERAL.—Section 1905(r) of the Social Se-
curity Act (42 U.S.C. 1396d(r)) is amended— 
(1) in paragraph (1)(B)— 
(A) in clause (iv), by striking ‘‘and’’ at the 
end; 
(B) in clause (v), by striking the period at 
the end and inserting ‘‘, and’’; and 
(C) by adding at the end the following: 
‘‘(vi) weight and BMI measurement 
and monitoring.’’; and 
(2) in paragraph (5), by inserting ‘‘(including 
treatment services related to obesity and body 
weight, such as medical nutrition therapy services 
(as defined in section 1861(vv)(1)), physical therapy, 
exercise training, behavioral health counseling, and 
such other evidence-based services as recommended 
by the Secretary (taking into consideration the 
American Academy of Pediatrics Expert Committee 
Guidelines Regarding the Prevention, Assessment, 
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and Treatment of Child and Adolescent Overweight 
and Obesity and the National Center on Health, 
Physical Activity, and Disability’s Physical Activity 
Guidelines for Individuals with Disabilities)’’ after 
‘‘screening services’’. 
(b) CHIP.— 
(1) REQUIRED
COVERAGE.—Section 2103 of 
the Social Security Act (42 U.S.C. 1397cc) is 
amended— 
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by striking ‘‘and (7)’’ 
and inserting ‘‘(7), and (8)’’; and 
(B) in subsection (c)— 
(i) by redesignating paragraphs (7) 
and (8) as paragraphs (8) and (9), respec-
tively; and 
(ii) by inserting after paragraph (6), 
the following: 
‘‘(7) PREVENTION, SCREENING, AND
TREAT-
MENT SERVICES FOR OVERWEIGHT AND OBESE.— 
The child health assistance provided to a targeted 
low-income child shall include coverage of weight 
and BMI measurement and monitoring, as well as 
appropriate treatment services, including medical 
nutrition therapy services (as defined in section 
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1861(vv)(1)), physical therapy or exercise training, 
including steps needed to make such therapy and 
training inclusive for persons with disabilities, be-
havioral health counseling, and such other evidence- 
based services as recommended by the Secretary. 
For purposes of the previous sentence the Secretary 
shall take into consideration the American Academy 
of Pediatrics Expert Committee Guidelines Regard-
ing the Prevention, Assessment, and Treatment of 
Child and Adolescent Overweight and Obesity and 
the National Center on Health, Physical Activity, 
and Disability’s Physical Activity Guidelines for In-
dividuals with Disabilities.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
2102(a)(7)(B) of the Social Security Act (42 U.S.C. 
1397bb(c)(2)) is amended by striking ‘‘section 
2103(c)(5)’’ and inserting ‘‘paragraphs (5) and (7) 
of section 2103(c)’’. 
SEC. 205. NATIONAL COMMISSION ON CHILD OBESITY. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the National Commission on Child 
Obesity (in this section referred to as the ‘‘Commission’’). 
(b) DUTIES
OF
COMMISSION.—The Commission 
shall— 
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(1) conduct a comprehensive study that exam-
ines and assesses the needs of children relating to 
the prevalence, prevention, and treatment of child-
hood overweight and obesity, including specific find-
ings relating to— 
(A) best practices for the prevention and 
treatment of childhood overweight and obesity; 
(B) child physical health and mental 
health; 
(C) childcare in all settings; 
(D) child welfare; 
(E) elementary and secondary education; 
(F) food availability in neighborhoods; 
(G) access to health care; 
(H) health care utilization; 
(I) built environment; 
(J) parent physical health and education; 
(K) underserved communities, including 
tribal communities, health professional shortage 
areas designated under section 332 of the Pub-
lic Health Service Act (42 U.S.C. 254e), medi-
cally underserved areas (as defined in section 
799B of such Act (42 U.S.C. 295p), and areas 
in the Appalachian region (as defined in section 
14102(a) of title 40, United States Code); 
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(L) relevant activities in childhood over-
weight and obesity; 
(M) the availability of information on State 
and Federal supportive nutrition programs, 
such as the Summer Food Service Program, the 
Women, Infants, and Children Program, the 
State Children’s Health Insurance Program 
under title XXI of the Social Security Act, and 
the Supplemental Nutrition Assistance Pro-
gram; and 
(N) children with disabilities; 
(2) identify, review, and evaluate existing laws, 
regulations, policies, programs, and public health ini-
tiatives relevant to best practices for the prevalence, 
prevention, and treatment of childhood overweight 
and obesity; 
(3) identify, review, and evaluate the lessons 
learned from past laws, regulations, policies, pro-
grams, and public health initiatives relevant to the 
prevalence, prevention, and treatment of childhood 
overweight and obesity; 
(4) advise on the need to revise laws, regula-
tions, policies, and programs relative to addressing 
best practices for the prevalence, prevention, and 
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treatment of childhood overweight and obesity at 
regular intervals as new knowledge is gained; 
(5) include in the interim report required by 
subsection (i)(1) recommendations on— 
(A) the appropriate Federal agency to es-
tablish the infrastructure for the creation of a 
comprehensive nationwide registry of patient 
data associated with children living with obe-
sity; 
(B) the specific criteria needed for such 
registry to allow the field of pediatric clinicians 
access to patient-level, clinical data suitable for 
research and the development of best practices; 
(C) the appropriate funding level required 
for the establishment and implementation of 
such the registry described in subparagraph 
(A); and 
(D) how to capture large-scale data that 
are currently unavailable on adolescent and 
child patients who are currently obese; and 
(6) include in the final report required by sub-
section (i)(3) the Commission’s specific findings, 
conclusions, and recommendations to address the 
needs of children relating to the prevention and 
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treatment of childhood overweight and obesity, in-
cluding specific recommendations on— 
(A) the need for planning and establishing 
a national resource center for children and obe-
sity; and 
(B) such coordination of resources and 
services, administrative actions, policies, regula-
tions, and legislative changes as the Commis-
sion considers appropriate. 
(c) COMPOSITION.— 
(1) MEMBERS.—The Commission shall be com-
posed of 15 members, of whom— 
(A) 3 members, including at least one from 
each major national political party, shall be ap-
pointed by the President; 
(B) 3 members shall be appointed by the 
majority leader of the Senate; 
(C) 3 members shall be appointed by the 
minority leader of the Senate; 
(D) 3 members shall be appointed by the 
Speaker of the House of Representatives; and 
(E) 3 members shall be appointed by the 
minority leader of the House of Representa-
tives. 
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(2) APPOINTMENT.—Members of the Commis-
sion shall be appointed not later than 6 months after 
the date of the enactment of this Act. 
(3) CHAIRPERSON, VICE
CHAIRPERSON, AND 
MEETINGS.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which all members of the 
Commission are appointed under paragraph (1), 
such members shall meet to elect a Chairperson 
and Vice Chairperson from among such mem-
bers and shall determine a schedule of Commis-
sion meetings. 
(B) INITIAL MEETING.—The Commission 
shall meet and begin the operations of the Com-
mission not later than 120 days after the ap-
pointment of members of the Commission. 
(4) GOVERNMENTAL
APPOINTEES.—An indi-
vidual appointed to the Commission may not be an 
official or employee of the Federal Government. 
(5) COMMISSION REPRESENTATION.—The Com-
mission shall include at least one— 
(A) representative from each of a nonprofit 
and for-profit entity with demonstrated exper-
tise in addressing the needs of children relating 
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to the prevalence, prevention, and treatment of 
childhood overweight and obesity; 
(B) State or local director of health; and 
(C) tribal health representative. 
(6) 
QUALIFICATIONS.—Members 
appointed 
under paragraph (1) may include— 
(A) individuals involved with providing 
services to children, including health and other 
social services; 
(B) individuals involved with administering 
health insurance coverage to children; 
(C) individuals with experience in public 
health initiatives relating to the prevention and 
treatment of childhood overweight and obesity, 
including coordination of resources and services 
among State and local governments, the Fed-
eral Government, and nongovernmental entities; 
(D) individuals with philanthropic experi-
ence focused on the needs of children relating 
to the prevalence, prevention, and treatment of 
childhood overweight and obesity; 
(E) individuals who have conducted aca-
demic research relating to the prevalence, pre-
vention, and treatment of childhood overweight 
and obesity; and 
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