I 
117TH CONGRESS 
2D SESSION 
H. R. 7322 
To require coverage for scalp cooling items under group health plans and 
group and individual health insurance coverage, specified Federal health 
care programs, and the Federal Employees Health Benefits Program. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2022 
Ms. DELAURO introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Armed Services, Veterans’ Affairs, and Oversight and 
Reform, 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 require coverage for scalp cooling items under group 
health plans and group and individual health insurance 
coverage, specified Federal health care programs, and 
the Federal Employees Health Benefits Program. 
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 ‘‘Access to Scalp Cool-
ing Therapy Act of 2022’’. 
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coverage, the requirement that such financial requirement 
be the same as such requirement applicable to intravenous 
or injection anticancer drugs furnished under such plan 
or such coverage for which benefits are provided under 
such plan or such coverage. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) FINANCIAL REQUIREMENT.—The term ‘fi-
nancial requirement’ means, with respect to an item 
or service furnished under a group health plan or 
group or individual health insurance coverage, any 
copayment, coinsurance, deductible, annual limit, 
lifetime limit, or out-of-pocket maximum applied 
under such plan or such coverage with respect to 
such item or service. 
‘‘(2) SCALP COOLING ITEM.—The term ‘scalp 
cooling item’ means a cooling cap, hypothermia cap, 
cold cap, or any other therapeutic device used to cool 
the scalp of an individual to prevent or reduce hair 
loss during chemotherapy.’’. 
(b) MEDICARE.— 
(1) COVERAGE.— 
(A) IN GENERAL.—Section 1861 of the So-
cial Security Act (42 U.S.C. 1395x) is amend-
ed— 
(i) in subsection (s)(2)— 
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(I) in subparagraph (GG), by 
striking ‘‘and’’ at the end; 
(II) in subparagraph (HH), by 
striking the period and inserting ‘‘; 
and’’; and 
(III) by adding at the end the 
following new subparagraph: 
‘‘(II) scalp cooling items (as defined in sub-
section (lll));’’; and 
(ii) by adding at the end the following 
new subsection: 
‘‘(lll) SCALP COOLING ITEMS.—The term ‘scalp cool-
ing item’ means a cooling cap, hypothermia cap, cold cap, 
or any other therapeutic device used to cool the scalp of 
an individual to prevent or reduce hair loss during chemo-
therapy furnished on or after January 1, 2023.’’. 
(B) EXCLUSION
MODIFICATION.—Section 
1862(a)(1) of the Social Security Act (42 
U.S.C. 1395y(a)(1)) is amended— 
(i) in subparagraph (O), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (P), by striking 
the semicolon and inserting ‘‘, and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
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‘‘(Q) in the case of scalp cooling items (as de-
fined in section 1861(lll)), which are not furnished 
to prevent or reduce hair loss during chemo-
therapy;’’. 
(2) PAYMENT.—Section 1833(a)(1) of the So-
cial Security Act (42 U.S.C. 1395l(a)(1)) is amend-
ed— 
(A) by striking ‘‘and (DD)’’ and inserting 
‘‘(DD)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘and (EE) with respect 
to scalp cooling items (as defined in section 
1861(lll)), the amount paid shall be equal to 80 
percent of the lesser of the actual charge or an 
amount determined appropriate by the Sec-
retary;’’. 
(c) MEDICAID.— 
(1) IN GENERAL.—Title XIX of the Social Se-
curity Act (42 U.S.C. 1396 et seq.) is amended— 
(A) in section 1902(a)(10)(A), by striking 
‘‘and (30)’’ and inserting ‘‘(30), and (31)’’; and 
(B) in section 1905(a)— 
(i) in paragraph (30), by striking 
‘‘and’’ at the end; 
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(ii) by redesignating paragraph (31) 
as paragraph (32); and 
(iii) by inserting after paragraph (30) 
the following new paragraph: 
‘‘(31) cooling caps, hypothermia caps, cold caps, 
and any other therapeutic devices used to cool the 
scalp of an individual to prevent or reduce hair loss 
during chemotherapy.’’. 
(2) EFFECTIVE DATE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the amendments made by this sub-
section shall apply with respect to medical as-
sistance furnished in calendar quarters begin-
ning on or after January 1, 2023. 
(B) EXCEPTION
FOR
STATE
LEGISLA-
TION.—In the case of a State plan under title 
XIX of the Social Security Act (or a waiver of 
such plan), which the Secretary of Health and 
Human Services determines requires State leg-
islation in order for the respective plan (or 
waiver) to meet any requirement imposed by 
the amendments made by this subsection, the 
respective plan (or waiver) shall not be re-
garded as failing to comply with the require-
ments of such title solely on the basis of its fail-
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ure to meet such an additional requirement be-
fore the first day of the first calendar quarter 
beginning after the close of the first regular 
session of the State legislature that begins after 
the date of enactment of this subsection. For 
purposes of the previous sentence, in the case 
of a State that has a 2-year legislative session, 
each year of the session shall be considered to 
be a separate regular session of the State legis-
lature. 
(d) CHIP.— 
(1) IN GENERAL.—Section 2103 of the Social 
Security Act (42 U.S.C. 1397cc) is amended— 
(A) in subsection (a), by striking ‘‘para-
graphs (5), (6), (7) and (8) of’’; and 
(B) in subsection (c), by adding at the end 
the following new paragraph: 
‘‘(11) COVERAGE OF SCALP COOLING ITEMS.— 
The child health assistance provided to a targeted 
low-income child shall include cooling caps, hypo-
thermia caps, cold caps, and any other therapeutic 
devices used to cool the scalp of an individual to pre-
vent or reduce hair loss during chemotherapy.’’. 
(2) EFFECTIVE DATE.— 
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(A) IN
GENERAL.—Subject to subpara-
graph (B), the amendments made by this sub-
section shall take effect with respect to child 
health assistance provided on or after January 
1, 2023. 
(B) EXCEPTION
FOR
STATE
LEGISLA-
TION.—In the case of a State child health plan 
under title XXI of the Social Security Act (or 
a waiver of such plan), which the Secretary of 
Health and Human Services determines re-
quires State legislation in order for the respec-
tive plan (or waiver) to meet any requirement 
imposed by the amendments made by this sec-
tion, the respective plan (or waiver) shall not be 
regarded as failing to comply with the require-
ments of such title solely on the basis of its fail-
ure to meet such an additional requirement be-
fore the first day of the first calendar quarter 
beginning after the close of the first regular 
session of the State legislature that begins after 
the date of enactment of this section. For pur-
poses of the previous sentence, in the case of a 
State that has a 2-year legislative session, each 
year of the session shall be considered to be a 
separate regular session of the State legislature. 
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(e) FEHBP.—Section 8902 of title 5, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(p) A contract may not be made or a plan approved 
which does not provide for the coverage required under 
section 2730 of the Public Health Service Act.’’. 
(f) TRICARE.—Section 1077(a) of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(19) A cooling cap, hypothermia cap, cold cap, 
or any other therapeutic device used to cool the 
scalp of an individual to prevent or reduce hair loss 
during chemotherapy.’’. 
(g) VA.— 
(1) IN
GENERAL.—Chapter 17 of title 38, 
United States Code, is amended by inserting after 
section 1720I the following new section: 
‘‘§ 1720J. Provision of scalp cooling items 
‘‘The Secretary shall make available to a veteran who 
receives chemotherapy pursuant to this chapter a cooling 
cap, hypothermia cap, cold cap, or any other therapeutic 
device used to cool the scalp of an individual to prevent 
or reduce hair loss during chemotherapy.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
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by inserting after the item relating to section 1720I 
the following new item: 
‘‘1720J. Provision of scalp cooling items.’’. 
Æ 
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