I
107TH CONGRESS
1ST SESSION
H. R. 747
To amend title XVIII of the Social Security Act to provide for coverage
of qualified acupuncturist services under part B of the Medicare Pro-
gram, and to amend title 5, United States Code, to provide for coverage
of such services under the Federal Employees Health Benefits Program.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2001
Mr. HINCHEY (for himself, Mr. BARTLETT of Maryland, Mr. HILLIARD, Mr.
KILDEE, Mr. FILNER, Mrs. MINK of Hawaii, Ms. PELOSI, Mr. BRADY
of Pennsylvania, Mr. GEORGE MILLER of California, Mr. DEFAZIO, Mr.
ABERCROMBIE, and Mr. MCGOVERN) introduced the following bill; which
was referred to the Committee on Energy and Commerce, and in addition
to the Committee on Ways and Means, and Government Reform, 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 com-
mittee concerned
A BILL
To amend title XVIII of the Social Security Act to provide
for coverage of qualified acupuncturist services under
part B of the Medicare Program, and to amend title
5, United States Code, to provide for coverage of such
services under 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 ‘‘Federal Acupuncture
Coverage Act of 2001’’.
SEC. 2. COVERAGE OF ACUPUNCTURIST SERVICES UNDER
MEDICARE.
(a) IN GENERAL.—Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)), as amended by sec-
tions 102(a) and 105(a) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of
2000, as enacted into law by section 1(a)(6) of Public Law
106–554, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (U);
(2) by inserting ‘‘and’’ at the end of subpara-
graph (V); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(W) qualified acupuncturist services (as de-
fined in subsection (ww)); and’’.
(b) SERVICES DESCRIBED.—Section 1861 of the So-
cial Security Act (42 U.S.C. 1395x), as amended by sec-
tions 102(b) and 105(b) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of
2000, as enacted into law by section 1(a)(6) of Public Law
106–554, is amended by adding at the end the following
new subsection:
‘‘Qualified Acupuncturist Services
‘‘(ww)(1) The term ‘qualified acupuncturist services’
means such services furnished by a qualified acupuncturist
(as defined in paragraph (2)) and such services and sup-
plies furnished as an incident to services furnished by the
qualified acupuncturist which the qualified acupuncturist
is legally authorized to perform under State law (or the
State regulatory mechanism provided by State law).
‘‘(2) The term ‘qualified acupuncturist’ means an in-
dividual who has been certified, licensed, or registered as
an acupuncturist by a State (or the State regulatory
mechanism provided by State law).’’.
(c) PAYMENT RULES.—
(1) DETERMINATION
OF
AMOUNT
OF
PAY-
MENT.—Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)), as amended by sections
105(c) and 223(c) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of
2000, as enacted into law by section 1(a)(6) of Pub-
lic Law 106–554, is amended—
(A) by striking ‘‘and’’ before ‘‘(U)’’; and
(B) by inserting before the semicolon at
the end the following: ‘‘, and (V) with respect
to qualified acupuncturist services described in
section 1861(s)(2)(W), the amounts paid shall
be the amount determined by a fee schedule es-
tablished by the Secretary for purposes of this
clause (but in no event shall such amount ex-
ceed the fee schedule amount provided under
section 1848 for the same service performed by
a physician);’’.
(2) SEPARATE PAYMENT FOR SERVICES OF IN-
STITUTIONAL
PROVIDERS.—Section 1833(a)(2)(B)
of such Act (42 U.S.C. 1395l(a)(2)(B)) is amended,
in clauses (i) and (ii), by inserting ‘‘and in the case
of qualified acupuncturist services furnished at any
time’’ after ‘‘1999,’’ each place it appears.
(d) EFFECTIVE DATE.—The amendments made by
this section apply to services furnished on or after Janu-
ary 1, 2002.
SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER
FEDERAL 
EMPLOYEES 
HEALTH 
BENEFIT
PLANS.
(a) IN GENERAL.—Section 8902(k)(1) of title 5,
United 
States 
Code, 
is 
amended 
by 
inserting
‘‘acupuncturist,’’ after ‘‘nurse midwife,’’ each place it ap-
pears.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) applies with respect to services provided
after December 31, 2001.
Æ