I 
111TH CONGRESS 
1ST SESSION H. R. 1137 
To amend title XVIII of the Social Security Act to provide improved access 
to physical medicine and rehabilitation services under part B of the 
Medicare Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 23, 2009 
Mr. TOWNS 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 
improved access to physical medicine and rehabilitation 
services under part B of 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 ‘‘Athletic Trainers’ 
Equal Access to Medicare Act of 2009’’. 
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SEC. 2. ACCESS TO PHYSICAL MEDICINE AND REHABILITA-
TION SERVICES PROVIDED INCIDENT TO A 
PHYSICIAN. 
Section 1862(a)(20) of the Social Security Act (42 
U.S.C. 1395y(a)(20)) is amended by striking ‘‘(other than 
any licensing requirement specified by the Secretary)’’ and 
inserting ‘‘(other than any licensing, education, or 
credentialing requirements specified by the Secretary)’’. 
SEC. 3. COVERAGE OF CERTIFIED ATHLETIC TRAINER 
SERVICES UNDER PART B OF THE MEDICARE 
PROGRAM. 
(a) COVERAGE OF SERVICES.—Section 1861 of the 
Social Security Act (42 U.S.C. 1395x) is amended— 
(1) in subsection (s)(2)— 
(A) in subparagraph (DD), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (EE), by adding 
‘‘and’’ at the end; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(FF) certified athletic trainer services (as de-
fined in subsection (hhh)(1));’’; and 
(2) by adding at the end the following new sub-
section: 
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‘‘Certified Athletic Trainer Services 
‘‘(hhh)(1) The term ‘certified athletic trainer serv-
ices’ means services performed by a certified athletic train-
er (as defined in paragraph (2)) under the supervision of 
a physician (as defined in subsection (r)), which the ath-
letic trainer is legally authorized to perform under State 
law (or the State regulatory mechanism provided by State 
law) of the State in which such services are performed, 
as would otherwise be covered if furnished by a physician 
(as so defined) or as an incident to a physician’s profes-
sional service, to an individual— 
‘‘(A) who is under the care of a physician (as 
so defined); and 
‘‘(B) with respect to whom a plan prescribing 
the type, amount, and duration of services that are 
to be furnished to such individual has been estab-
lished by a physician (as so defined). 
Such term does not include any services for which a facil-
ity or other provider charges or is paid any amounts with 
respect to the furnishing of such services. 
‘‘(2) The term ‘certified athletic trainer’ means an 
individual who— 
‘‘(A) in the case of an individual performing 
services in a State that provides for licensure or cer-
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tification of athletic trainers, is licensed or certified 
as an athletic trainer in such State; or 
‘‘(B) in the case of an individual performing 
services in a State that does not provide for licen-
sure or certification of athletic trainers, possesses a 
bachelors, master’s or doctoral degree which quali-
fies for certification as an athletic trainer, and, has 
successfully passed a national certification examina-
tion for Athletic Trainers recognized by the Sec-
retary.’’. 
(b) PAYMENT.— 
(1) IN
GENERAL.—Section 1832(a)(2)(B) of 
such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by 
adding at the end the following new clause: 
‘‘(v) certified athletic trainer serv-
ices;’’. 
(2) AMOUNT.—Section 1833(a)(1) of such Act 
(42 U.S.C. 1395l(a)(1)) is amended— 
(A) by striking ‘‘and’’ before ‘‘(W)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘, and (X) with respect 
to certified athletic trainer services under sec-
tion 1861(s)(2)(FF), the amounts paid shall be 
80 percent of the lesser of the actual charge for 
the service or the fee schedule amount under 
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