I 
114TH CONGRESS 
1ST SESSION H. R. 2404 
To amend title XVIII of the Social Security Act to provide for the 
coordination of programs to prevent and treat obesity, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2015 
Mr. PAULSEN (for himself, Mr. KIND, Mrs. BROOKS of Indiana, Mr. RANGEL, 
Mr. TIPTON, Mr. RUIZ, Mr. HASTINGS, Mr. GUTHRIE, Mr. POCAN, Mr. 
BLUMENAUER, Mr. ROE of Tennessee, Mr. LEWIS, Ms. JENKINS of Kan-
sas, Mr. PETERS, Mr. ISRAEL, Mrs. BLACK, Mr. CA´RDENAS, Mrs. 
NAPOLITANO, Mr. DANNY K. DAVIS of Illinois, Mr. BENISHEK, Mr. 
RIBBLE, Mr. MURPHY of Pennsylvania, Mr. YOUNG of Indiana, Mr. 
OLSON, Mr. LANCE, Mr. ROSKAM, Mr. RENACCI, Mr. MCGOVERN, Mrs. 
BLACKBURN, Ms. BONAMICI, Mr. CROWLEY, Ms. LINDA T. SA´NCHEZ of 
California, Mr. SHIMKUS, and Mr. BEN RAY LUJA´N of New Mexico) in-
troduced the following bill; which was referred to the Committee on En-
ergy 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 jurisdic-
tion of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for the coordination of programs to prevent and treat 
obesity, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Treat and Reduce Obe-
sity Act of 2015’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) According to the Centers for Disease Con-
trol, about 34 percent of adults aged 65 and over 
were obese in the period of 2009 through 2012, rep-
resenting almost 15 million people. 
(2) Obesity increases the risk for chronic dis-
eases and conditions, including high blood pressure, 
heart disease, certain cancers, arthritis, mental ill-
ness, lipid disorders, sleep apnea, and type 2 diabe-
tes. 
(3) More than half of Medicare beneficiaries are 
treated for 5 or more chronic conditions per year. 
The rate of obesity among Medicare patients dou-
bled from 1987 to 2002, and Medicare spending on 
obese individuals during that time more than dou-
bled. 
(4) Men and women with obesity at age 65 have 
decreased life expectancy of 1.6 years for men and 
1.4 years for women. 
(5) The direct and indirect cost of obesity is 
more than $450 billion annually. 
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(6) On average, a Medicare beneficiary with 
obesity costs $1,964 more than a normal-weight ben-
eficiary. 
(7) The prevalence of obesity among older indi-
viduals in the United States is growing at a linear 
rate and, if nothing changes, nearly half of the el-
derly population of the United States will have obe-
sity in 2030 according to a Congressional Research 
Report on obesity. 
SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS 
QUALIFIED TO FURNISH INTENSIVE BEHAV-
IORAL THERAPY. 
Section 1861(ddd) of the Social Security Act (42 
U.S.C. 1395x(ddd)) is amended by adding at the end the 
following new paragraph: 
‘‘(4)(A) Subject to subparagraph (B), the Sec-
retary may, in addition to qualified primary care 
physicians and other primary care practitioners, 
cover intensive behavioral therapy for obesity fur-
nished by any of the following: 
‘‘(i) A physician (as defined in sub-
section (r)(1)) who is not a qualified pri-
mary care physician. 
‘‘(ii) Any other appropriate health 
care provider (including a physician assist-
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ant, nurse practitioner, or clinical nurse 
specialist (as those terms are defined in 
subsection (aa)(5)), a clinical psychologist, 
a registered dietitian or nutrition profes-
sional (as defined in subsection (vv))). 
‘‘(iii) An evidence-based, community- 
based lifestyle counseling program ap-
proved by the Secretary. 
‘‘(B) In the case of intensive behavioral 
therapy for obesity furnished by a provider de-
scribed in clause (ii) or (iii) of subparagraph 
(A), the Secretary may only cover such therapy 
if such therapy is furnished— 
‘‘(i) upon referral from, and in coordi-
nation with, a physician or primary care 
practitioner operating in a primary care 
setting or any other setting specified by 
the Secretary; and 
‘‘(ii) in an office setting, a hospital 
out-patient 
department, 
a 
community- 
based site that complies with the Federal 
regulations concerning the privacy of indi-
vidually identifiable health information 
promulgated under section 264(c) of the 
Health Insurance Portability and Account-
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ability Act of 1996 (42 U.S.C. 1320d–2 
note), or another setting specified by the 
Secretary. 
‘‘(C) In order to ensure a collaborative ef-
fort, the coordination described in subpara-
graph (B)(i) shall include the health care pro-
vider or lifestyle counseling program commu-
nicating to the referring physician or primary 
care practitioner any recommendations or treat-
ment plans made regarding the therapy.’’. 
SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDI-
CATION. 
(a) IN GENERAL.—Section 1860D–2(e)(2)(A) of the 
Social Security Act (42 U.S.C. 1395w–102(e)(2)(A)) is 
amended by inserting after ‘‘restricted under section 
1927(d)(2),’’ the following: ‘‘other than subparagraph (A) 
of such section if the drug is used for the treatment of 
obesity (as defined in section 1861(yy)(2)(C)) or for 
weight loss management for an individual who is over-
weight (as defined in section 1861(yy)(2)(F)(i)) and has 
one or more related comorbidities,’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to plan years beginning on or 
after the date that is 2 years after the date of the enact-
ment of this Act. 
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SEC. 5. REPORT TO CONGRESS. 
Not later than the date that is 1 year after the date 
of the enactment of this Act, and every 2 years thereafter, 
the Secretary shall submit a report to Congress describing 
the steps the Secretary has taken to implement the Act 
and provide Congress with recommendations for better co-
ordination and leveraging of programs within the Depart-
ment of Health and Human Services and other Federal 
agencies that relate in any way to supporting appropriate 
research and clinical care (such as any interactions be-
tween physicians and other health care providers and their 
patients) to treat, reduce, and prevent obesity in the adult 
population. 
Æ 
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