I 118th CONGRESS 1st Session H. R. 3133 IN THE HOUSE OF REPRESENTATIVES May 9, 2023 Ms. Chu (for herself and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee 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 coverage for acupuncturist services under the Medicare program.

1. Short title This Act may be cited as the Acupuncture for Our Seniors Act of 2023 . 2. Coverage for acupuncturist services under the Medicare program (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by adding and at the end of subparagraph (JJ); and (B) by adding at the end the following new subparagraph: (KK) qualified acupuncturist services (as defined in subsection (nnn)(1)); ; and (2) by adding at the end the following new subsection: (nnn) Qualified acupuncturist services (1) In general The term qualified acupuncturist services means such services furnished by a qualified acupuncturist (as defined in paragraph (2)), and such services and supplies furnished as an incident to services furnished by the qualified acupuncturist, as the qualified acupuncturist is legally authorized to perform under State law. (2) Qualified acupuncturist defined For purposes of this subsection, the term qualified acupuncturist means— (A) an individual who is licensed as an acupuncturist by a State or, in the case of an individual in a State that does not provide for such licensure, meets such criteria (such as certification through an appropriate nationally recognized certification authority for acupuncturists) as the Secretary may specify; or (B) a physician who is legally authorized to perform acupuncture as part of the practice of medicine and surgery by the State in which the physician performs such function or action. In specifying requirements under subparagraph (A), the Secretary may use the same requirements as those established by a certification authority described in such subparagraph. . (b) Payment rules (1) Payment under physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(KK), before (3), . (2) Separate payment for services of institutional providers Section 1833(a)(2)(B) of the Social Security Act ( 42 U.S.C. 1395l(a)(2)(B) ) is amended— (A) in clause (i), by inserting and in the case of qualified acupuncturist services, after 1999, ; (B) in clause (ii), by inserting or in the case of qualified acupuncturist services, after 1999, ; and (C) in clause (iii), by inserting (other than qualified acupuncturist services) after such services . (3) Qualified acupuncturist treatment as a practitioner Section 1842(b)(18)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(18)(C) ) is amended by adding at the end the following new clause: (ix) A qualified acupuncturist (as defined in section 1861(nnn)(2)). . (4) Separate billing for acupuncturist services furnished in an inpatient hospital setting Section 1861(b)(4) of the Social Security Act ( 42 U.S.C. 1395x(b)(4) ) is amended by inserting qualified acupuncturist services, after qualified psychologist services, . (c) Effective date The amendments made by this section apply with respect to services furnished on or after the date that is 270 days after the date of enactment of this Act.