I 
109TH CONGRESS 
1ST SESSION H. R. 2946
To amend the Public Health Service Act and Employee Retirement Income 
Security Act of 1974 to require that group and individual health insur-
ance coverage and group health plans provide coverage for qualified 
individuals for bone mass measurement (bone density testing) to prevent 
fractures associated with osteoporosis. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2005
Mrs. MALONEY (for herself and Ms. HART) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Education and the Workforce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Public Health Service Act and Employee Re-
tirement Income Security Act of 1974 to require that 
group and individual health insurance coverage and 
group health plans provide coverage for qualified individ-
uals for bone mass measurement (bone density testing) 
to prevent fractures associated with osteoporosis.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Osteoporosis Early Detection and Prevention Act of 
2005’’. 
(b) FINDINGS.—Congress makes the following find-
ings: 
(1) NATURE OF OSTEOPOROSIS.—
(A) Osteoporosis is a disease characterized 
by low bone mass and structural deterioration 
of bone tissue leading to bone fragility and in-
creased susceptibility to fractures of the hip, 
spine, and wrist. 
(B) Osteoporosis has no symptoms and 
typically remains undiagnosed until a fracture 
occurs. 
(C) Once a fracture occurs, the condition 
has usually advanced to the stage where the 
likelihood is high that another fracture will 
occur. 
(D) There is no cure for osteoporosis, but 
drug therapy has been shown to reduce new hip 
and spine fractures by 50 percent and other 
treatments, such as nutrition therapy, have also 
proven effective. 
(2) 
INCIDENCE
OF
OSTEOPOROSIS.—
Osteoporosis is a common condition:
(A) Of the 44 million Americans who have 
(or are at risk for) osteoporosis, 80 percent are 
women. 
(B) Annually there are 1.5 million bone 
fractures attributable to osteoporosis. 
(C) Half of all women, and one-fourth of 
all men, age 50 or older will have a bone frac-
ture due to osteoporosis. 
(3) IMPACT
OF
OSTEOPOROSIS.—The cost of 
treating osteoporosis is significant: 
(A) The annual cost of osteoporosis in the 
United States was $17 billion in 2001. 
(B) The average cost in the United States 
of repairing a hip fracture due to osteoporosis 
is $37,000, while the average cost of an 
osteoporosis screening test ranges from $59 to 
$300. 
(C) Fractures due to osteoporosis fre-
quently result in disability and institutionaliza-
tion of individuals. 
(D) Because osteoporosis is a progressive 
condition causing fractures primarily in aging 
individuals, preventing fractures particularly in 
post menopausal women before they become eli-
gible for medicare, has a significant potential of
reducing osteoporosis-related costs under the 
medicare program. 
(4) USE OF BONE MASS MEASUREMENT.—
(A) Bone mass measurement is a non-
invasive, painless, and reliable way to diagnose 
osteoporosis before costly fractures occur. 
(B) Low bone mass is as predictive of fu-
ture fractures as is high cholesterol or high 
blood pressure of heart disease or stroke. 
(C) Bone mass measurement is the only 
reliable method of detecting osteoporosis at an 
early stage. 
(D) Under section 4106 of the Balanced 
Budget Act of 1997, medicare provides cov-
erage, effective July 1, 1998, for bone mass 
measurement for qualified individuals who are 
at risk of developing osteoporosis. 
SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASURE-
MENT UNDER HEALTH PLANS. 
(a) GROUP HEALTH PLANS.—
(1) PUBLIC
HEALTH
SERVICE
ACT
AMEND-
MENTS.—(A) Subpart 2 of part A of title XXVII of 
the Public Health Service Act is amended by adding 
at the end the following new section: