I
105TH CONGRESS
1ST SESSION
H. R. 1038
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
MARCH 12, 1997
Mr. HINCHEY (for himself, Mr. FILNER, Ms. PELOSI, Mr. DELLUMS, and Mr.
DEFAZIO) introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committees on Ways and
Means, and Government Reform and Oversight, for a period to be subse-
quently 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 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 1997’’.
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)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graphs (N) and (O); and
(2) by inserting after subparagraph (O) the fol-
lowing new subparagraph:
‘‘(P) qualified acupuncturist services (as de-
fined in subsection (oo)); and’’.
(b) PAYMENT RULES.—
(1) DETERMINATION
OF
AMOUNT
OF
PAY-
MENT.—Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended—
(A) by striking ‘‘and’’ before ‘‘(P)’’, and
(B) by striking the semicolon at the end
and inserting the following: ‘‘, and (Q) with re-
spect to qualified acupuncturist services de-
scribed in section 1861(s)(2)(P), the amounts
paid shall be the amount determined by a fee
schedule established by the Secretary for pur-
poses of this subparagraph (but in no event
shall such amount exceed the fee schedule
amount provided under section 1848 for the
same service performed by a physician);’’.
(2) 
SEPARATE
PAYMENT
FOR
SERVICES
OF
INSTITUTIONAL
PROVIDERS.—Section
1832(a)(2)(B)(iii) 
of 
such 
Act 
(42 
U.S.C.
1395k(a)(2)(B)(iii)) is amended—
(A) by striking ‘‘and services’’ and insert-
ing ‘‘services’’; and
(B) by striking the semicolon at the end
and inserting the following: ‘‘, and qualified
acupuncturist services described in section
1861(s)(2)(P);’’.
(c) SERVICES DESCRIBED.—Section 1861 of such
Act (42 U.S.C. 1395x) is amended by adding at the end
the following new subsection:
‘‘Qualified Acupuncturist Services
‘‘(oo)(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).’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to services furnished on or after
January 1, 1998.
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) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to services provided
after December 31, 1997.
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