I 
110TH CONGRESS 
1ST SESSION H. R. 2231 
To amend title XVIII of the Social Security Act to exempt complex rehabilita-
tion products and assistive technology products from the Medicare com-
petitive acquisition program. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2007 
Mr. ALLEN (for himself and Mr. LEWIS of Kentucky) 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 sub-
sequently 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 exempt 
complex rehabilitation products and assistive technology 
products from the Medicare competitive acquisition pro-
gram. 
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 ‘‘Medicare Access to 
Complex Rehabilitation and Assistive Technology Act of 
2007’’. 
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SEC. 2. EXEMPTION OF COMPLEX REHABILITATION AND 
ASSISTIVE TECHNOLOGY FROM THE MEDI-
CARE COMPETITIVE ACQUISITION PROGRAM. 
(a) IN GENERAL.—Section 1847(a) of the Social Se-
curity Act (42 U.S.C. 1395w–3(a)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘but ex-
cluding’’ and all that follows and inserting the fol-
lowing: ‘‘but excluding— 
‘‘(i) class III devices under the Fed-
eral Food, Drug, and Cosmetic Act; and 
‘‘(ii) complex rehabilitation products 
and assistive technology products (de-
scribed in paragraph (7)(A)) that are pre-
scribed by a physician and provided by a 
supplier that is accredited by an inde-
pendent accreditation organization des-
ignated under section 1834(a)(20)(B).’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(7) COMPLEX
REHABILITATION
PRODUCTS 
AND
ASSISTIVE
TECHNOLOGY
PRODUCTS
DE-
SCRIBED.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (2)(A)(ii), complex rehabilitation prod-
ucts and assistive technology products described 
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in this subparagraph are medically necessary 
adaptive seating, positioning, and mobility de-
vices and speech generating devices that are 
evaluated, fitted, configured, adjusted, or pro-
grammed to meet the specific and unique needs 
of an individual with a primary diagnosis re-
sulting from injury or trauma or which is neu-
romuscular in nature. Such a primary diagnosis 
includes spinal cord injury, traumatic brain in-
jury, cerebral palsy, muscular dystrophy, spinal 
muscular atrophy, spina bifida, amyotrophic lat-
eral sclerosis, multiple sclerosis, or any other 
disease or disability identified by the Secretary 
as requiring the use of such devices. 
‘‘(B) ESTABLISHMENT
OF
MEDICAL
NE-
CESSITY.—For purposes of subparagraph (A), 
in establishing medical necessity of a device de-
scribed in such subparagraph for the treatment 
of an individual, the Secretary shall consider 
whether the device is expected to be necessary 
for such treatment taking into account the di-
agnosis, prognosis, and functional need of the 
individual and the expected progression of the 
disease or disability involved.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall be effective as if included in the enact-
ment of the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003 (Public Law 108–173). 
Æ 
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