I 
115TH CONGRESS 
1ST SESSION H. R. 1953 
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 
APRIL 5, 2017 
Mr. PAULSEN (for himself, Mr. KIND, Mrs. NAPOLITANO, Mr. BEN RAY 
LUJA´N of New Mexico, Mr. CA´RDENAS, Mr. POCAN, Mr. ROE of Ten-
nessee, Mr. HECK, Mr. TIPTON, Mr. YOUNG of Iowa, Mr. BLUMENAUER, 
Mr. COHEN, Mr. TED LIEU of California, Mr. SHIMKUS, Mr. DEFAZIO, 
Mr. GUTHRIE, Mr. LEWIS of Georgia, Mr. MCGOVERN, Ms. JENKINS of 
Kansas, Ms. BONAMICI, Mr. ROSKAM, Mrs. BROOKS of Indiana, and Mr. 
PASCRELL) introduced the following bill; which was referred to the Com-
mittee 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 jurisdiction 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Treat and Reduce Obe-
sity Act of 2017’’. 
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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. 
(6) On average, a Medicare beneficiary with 
obesity costs $1,964 more than a normal-weight ben-
eficiary. 
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(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 subsection 
(r)(1)) who is not a qualified primary care phy-
sician. 
‘‘(ii) Any other appropriate health care 
provider (including a physician assistant, nurse 
practitioner, or clinical nurse specialist (as 
those terms are defined in subsection (aa)(5)), 
a clinical psychologist, a registered dietitian or 
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nutrition professional (as defined in subsection 
(vv))). 
‘‘(iii) An evidence-based, community-based 
lifestyle counseling program approved by the 
Secretary. 
‘‘(B) In the case of intensive behavioral therapy 
for obesity furnished by a provider described in 
clause (ii) or (iii) of subparagraph (A), the Secretary 
may only cover such therapy if such therapy is fur-
nished— 
‘‘(i) upon referral from, and in coordina-
tion with, a physician or primary care practi-
tioner operating in a primary care setting or 
any other setting specified by the Secretary; 
and 
‘‘(ii) in an office setting, a hospital out-pa-
tient department, a community-based site that 
complies with the Federal regulations con-
cerning the privacy of individually identifiable 
health information promulgated under section 
264(c) of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d– 
2 note), or another setting specified by the Sec-
retary. 
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‘‘(C) In order to ensure a collaborative effort, 
the coordination described in subparagraph (B)(i) 
shall include the health care provider or lifestyle 
counseling program communicating to the referring 
physician or primary care practitioner any rec-
ommendations or treatment 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. 
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, 
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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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