I 
117TH CONGRESS 
2D SESSION 
H. R. 8344 
To amend title XVIII of the Social Security Act to provide for additional 
requirements with respect to electrodiagnostic services under the Medi-
care program. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2022 
Mr. SESSIONS 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 
additional 
requirements 
with 
respect 
to 
electrodiagnostic services under the Medicare 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 ‘‘Electrodiagnostic Med-
icine Patient Protection and Fraud Elimination Act of 
2022’’. 
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SEC. 
2. 
ADDITIONAL 
REQUIREMENTS 
FOR 
ELECTRODIAGNOSTIC SERVICES. 
Section 1834 of the Social Security Act (42 U.S.C. 
1395m) is amended by adding at the end the following 
new subsection: 
‘‘(z) PAYMENT
FOR
ELECTRODIAGNOSTIC
SERV-
ICES.— 
‘‘(1) IN GENERAL.—No payment may be made 
under this part for electrodiagnostic services de-
scribed in paragraph (2) furnished on or after a date 
determined appropriate by the Secretary that is not 
earlier than 3 years after the date of the enactment 
of this subsection and not later than 4 years after 
such date of enactment that are not furnished at a 
qualified facility. 
‘‘(2) 
ELECTRODIAGNOSTIC
SERVICES.—The 
services described in this paragraph are the fol-
lowing: 
‘‘(A) Nerve conduction studies. 
‘‘(B) Needle electromyography tests. 
‘‘(3) QUALIFIED FACILITY.—In this subsection, 
the term ‘qualified facility’ means a facility accred-
ited by an organization specified by the Secretary 
pursuant to paragraph (4). 
‘‘(4) ACCREDITATION ORGANIZATIONS.— 
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‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this sub-
section, the Secretary shall specify one or more 
accrediting organizations, in consultation with 
the advisory committee described in paragraph 
(5), for purposes determining whether a facility 
is a qualified facility. The Secretary may speci-
fy an organization pursuant to the preceding 
sentence only if such organization requires, as 
a condition of accreditation of a facility by such 
organization, that such facility meet the re-
quirements described in subparagraph (B). 
‘‘(B) FACILITY REQUIREMENTS.—The re-
quirements described in this subparagraph are, 
with respect to a facility and electrodiagnostic 
services furnished at such facility, the following: 
‘‘(i) The facility establishes and main-
tains a quality assurance and control pro-
gram to ensure the reliability, safety, and 
accuracy of such service. 
‘‘(ii) The facility ensures that such 
service is conducted using a device capable 
of performing both nerve conduction stud-
ies that record amplitude and latency and 
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needle electromyography tests capable of 
real-time waveform display and analysis. 
‘‘(iii) In the case that such service is 
a needle electromyography test, the facility 
ensures that the individual furnishing such 
test has completed not less than three 
months of training in performing and in-
terpreting electrodiagnostic studies during 
a residency or fellowship program accred-
ited by the Accreditation Council for Grad-
uate Medical Education or the Royal Col-
lege of Physicians and Surgeons of Can-
ada, or by an individual described in sec-
tion 410.32(b)(2)(iv) of title 42, Code of 
Federal Regulations (or a successor regula-
tion). 
‘‘(iv) The facility ensures that the re-
sults are interpreted on-site and at the 
time of the procedure— 
‘‘(I) in the case of a needle 
electromyography test, by the indi-
vidual who performed such test; and 
‘‘(II) in the case of a nerve con-
duction study, by the individual who 
performed or supervised such study. 
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‘‘(v) Any other requirement deter-
mined appropriate by the Secretary. 
‘‘(C) REGULATIONS.—Not later than 1 
year after the date of the enactment of this 
subsection, the Secretary shall finalize regula-
tions that outline— 
‘‘(i) the process by which an accred-
iting organization may be specified under 
subparagraph (A); 
‘‘(ii) the duration and the minimum 
time period between reviews for reaccredi-
tation an organization so specified must 
provide for with respect to an accreditation 
of a facility made by such organization; 
‘‘(iii) the process by which the Sec-
retary may withdraw approval of an ac-
crediting organization so specified if the 
Secretary determines that such organiza-
tion no longer requires, as a condition of 
accreditation of a facility by such organiza-
tion, that such facility meet the require-
ments described in subparagraph (B); and 
‘‘(iv) the effect such a withdrawal will 
have on facilities accredited by such orga-
nization as of the date of such withdrawal. 
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‘‘(5) ADVISORY COMMITTEE.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this sub-
section, the Secretary shall establish an advi-
sory committee to be known as the ‘National 
Electrodiagnostic Services Advisory Committee’ 
(in this subsection referred to as the ‘com-
mittee’) for purposes of carrying out the duties 
specified in subparagraph (B). 
‘‘(B) DUTIES.—The duties of the com-
mittee are the following: 
‘‘(i) To provide to the Secretary rec-
ommendations with respect to require-
ments that may be determined appropriate 
by the Secretary pursuant to paragraph 
(4)(B)(v), including any proposed additions 
to such requirements or modifications of 
such requirements. In developing such rec-
ommendations, 
the 
committee 
shall 
prioritize— 
‘‘(I) reducing unnecessary treat-
ments and surgeries; 
‘‘(II) decreasing the need for re-
testing of individuals; 
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‘‘(III) enhancing the reliability of 
diagnoses 
and 
promoting 
positive 
health outcomes for individuals; 
‘‘(IV) addressing emerging waste, 
fraud, and abuse schemes; and 
‘‘(V) otherwise improving the 
quality of care for individuals. 
‘‘(ii) To provide to the Secretary rec-
ommendations regarding the regulations 
described in paragraph (4)(C). 
‘‘(iii) To provide to the Secretary rec-
ommendations with respect to whether ac-
crediting organizations seeking to be speci-
fied pursuant to paragraph (4)(A) should 
be so specified. 
‘‘(C) COMPOSITION.—The committee shall 
be composed of not fewer than 9 and not more 
than 11 individuals selected by the Secretary. 
Such individuals shall not be officers or employ-
ees of the Federal Government and shall in-
clude— 
‘‘(i) physicians; 
‘‘(ii) other health care practitioners; 
‘‘(iii) at least one patient representing 
an affected community; and 
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‘‘(iv) other individuals determined ap-
propriate by the Secretary. 
‘‘(D) MEETINGS.—The committee shall 
convene not less than twice each year.’’. 
Æ 
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