I 
116TH CONGRESS 
2D SESSION 
H. R. 8780 
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 
NOVEMBER 18, 2020 
Mr. WALDEN (for himself and Ms. BLUNT ROCHESTER) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for additional requirements with respect to electrodiag-
nostic 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. ADDITIONAL REQUIREMENTS FOR ELECTRODI-
AGNOSTIC SERVICES. 
Section 1834 of the Social Security Act (42 U.S.C. 
1395m) is amended by adding at the end the following 
new subsection: 
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‘‘(x) 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 
less 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 quali-
fied 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.— 
‘‘(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 
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(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 
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 physician furnishing such 
test has completed not less than three 
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months 
of 
training 
in 
furnishing 
electrodiagnostic services through a resi-
dency or fellowship program accredited by 
the Accreditation Council for Graduate 
Medical Education or the Royal College of 
Physicians and Surgeons of Canada. 
‘‘(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 physi-
cian who performed such test; and 
‘‘(II) in the case of a nerve con-
duction study, by the physician who 
performed or supervised such study. 
‘‘(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); 
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‘‘(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. 
‘‘(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). 
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‘‘(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; 
‘‘(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). 
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‘‘(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; 
and 
‘‘(iii) 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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