I
107TH CONGRESS
2D SESSION
H. R. 3770
To amend title XVIII of the Social Security Act to provide coverage for
kidney disease education services under the Medicare Program, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2002
Mr. CRANE (for himself, Mr. KLECZKA, Mr. EHRLICH, Mr. STRICKLAND, Mr.
HAYWORTH, Mr. CAMP, Mrs. THURMAN, Mr. HONDA, Mr. WYNN, Mr.
WHITFIELD, Mr. TIAHRT, Mr. KIRK, Mr. MCNULTY, Mr. MCDERMOTT,
Mr. LEWIS of Georgia, and Mrs. WILSON of New Mexico) introduced the
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend title XVIII of the Social Security Act to provide
coverage for kidney disease education services under the
Medicare Program, and for other purposes.
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 ‘‘Kidney Disease Edu-
cational Benefits Act of 2002’’.
SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDU-
CATION SERVICES.
(a) COVERAGE
OF KIDNEY DISEASE EDUCATION
SERVICES.—
(1) IN GENERAL.—Section 1861 of the Social
Security Act (42 U.S.C.1395x), as amended by sec-
tion 105 of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A–471), as enacted into law by sec-
tion 1(a)(6) of Public Law 106–554, is amended—
(A) in subsection (s)(2)—
(i) in subparagraph (U), by striking
‘‘and’’ at the end;
(ii) in subparagraph (V)(iii), by add-
ing ‘‘and’’ at the end; and
(iii) by adding at the end the fol-
lowing new subparagraph:
‘‘(W) kidney disease education services (as de-
fined in subsection (ww));’’; and
(B) by adding at the end the following new
subsection:
‘‘Kidney Disease Education Services
‘‘(ww)(1) The term ‘kidney disease education serv-
ices’ means educational services that are—
‘‘(A) furnished to an individual with kidney dis-
ease who, according to accepted clinical guidelines
identified by the Secretary, will require dialysis or a
kidney transplant;
‘‘(B) furnished, upon the referral of the physi-
cian managing the individual’s kidney condition, by
a qualified person (as defined in paragraph (2)); and
‘‘(C) designed—
‘‘(i) to provide comprehensive information
regarding—
‘‘(I) the management of comorbidities;
‘‘(II) the prevention of uremic com-
plications; and
‘‘(III) each option for renal replace-
ment therapy (including peritoneal dialysis,
hemodialysis (including vascular access op-
tions), and transplantation); and
‘‘(ii) to ensure that the individual has the
opportunity to actively participate in the choice
of therapy.
‘‘(2) The term ‘qualified person’ means—
‘‘(A) a physician (as described in subsection
(r)(1));
‘‘(B) an individual who—
‘‘(i) is—
‘‘(I) a registered nurse;
‘‘(II) a registered dietitian or nutri-
tion professional (as defined in subsection
(vv)(2));
‘‘(III) a clinical social worker (as de-
fined in subsection (hh)(1)); or
‘‘(IV) a physician assistant, nurse
practitioner, or clinical nurse specialist (as
those 
terms 
are 
defined 
in 
section
1861(aa)(5)); and
‘‘(ii) meets such requirements related to
experience and other qualifications that the
Secretary finds necessary and appropriate for
furnishing the services described in paragraph
(1); or
‘‘(C) a renal dialysis facility subject to the re-
quirements of section 1881(b)(1) with personnel
who—
‘‘(i) provide the services described in para-
graph (1); and
‘‘(ii) meet the requirements of subpara-
graph (A) or (B).
‘‘(3) The Secretary shall develop the requirements
under paragraph (2)(B)(ii) after consulting with physi-
cians, health educators, professional organizations, accred-
iting organizations, kidney patient organizations, dialysis
facilities, transplant centers, network organizations de-
scribed in section 1881(c)(2), and other knowledgeable
persons.
‘‘(4) In promulgating regulations to carry out this
subsection, the Secretary shall ensure that such regula-
tions ensure that each beneficiary who is entitled to kidney
disease education services under this title receives such
services in a timely manner that ensures that the bene-
ficiary receives the maximum benefit of those services.
‘‘(5) The Secretary shall monitor the implementation
of this subsection to ensure that beneficiaries who are eli-
gible for kidney disease education services receive such
services in the manner described in paragraph (4).’’.
(2) PAYMENT UNDER PHYSICIAN FEE SCHED-
ULE.—Section 1848(j)(3) of such Act (42 U.S.C.
1395w–4(j)(3)) is amended by inserting ‘‘, (2)(W)’’,
after ‘‘(2)(S)’’.
(3) PAYMENT
TO
RENAL
DIALYSIS
FACILI-
TIES.—Section 1881(b) of such Act (42 U.S.C.
1395rr(b)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(12) For purposes of paragraph (7), the single
composite weighted formulas determined under such
paragraph shall not take into account the amount of
payment for kidney disease education services (as
defined in section 1861(ww)). Instead, payment for
such services shall be made to the renal dialysis fa-
cility on an assignment-related basis under section
1848.’’.
(4) ANNUAL REPORT TO CONGRESS.—Not later
than April 1, 2003, and annually thereafter, the
Secretary of Health and Human Services shall sub-
mit to Congress a report on the number of medicare
beneficiaries who are entitled to kidney disease edu-
cation services (as defined in section 1861(ww) of
the Social Security Act, as added by paragraph (1))
under title XVIII of such Act and who receive such
services, together with such recommendations for
legislative and administrative action as the Secretary
determines to be appropriate to fulfill the legislative
intent that resulted in the enactment of that sub-
section.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to services furnished on or after
the date that is 6 months after the date of enactment of
this Act.
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