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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medical Nutrition Equity Act of
2017''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Specialized food is often medically necessary for the
safe and effective management of many digestive and inherited
metabolic disorders that impact digestion, absorption, and
metabolism of nutrients.
(2) Although medically necessary food is essential for
patients, it is often expensive and not uniformly reimbursed by
health insurance, leaving many families with an insurmountable
financial burden.
(3) As a result, many patients who cannot afford medically
necessary food may experience adverse health consequences from
suboptimal disease management, including hospitalization,
intellectual impairment, behavioral dysfunction, inadequate
growth, nutrient deficiencies, and even death.

SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE
AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH
PROGRAMS AND PRIVATE HEALTH INSURANCE.

(a) Coverage Under the Medicare Program.--
(1) Medically necessary food.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (FF), by striking
''and'' at the end;
(ii) in subparagraph (GG), by inserting
''and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
''(HH) medically necessary food (as defined in subsection
(jjj)) and the medical equipment and supplies necessary to
administer such food (other than medical equipment and supplies
described in subsection (n));''.
(B) Definition.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:

''Medically Necessary Food

''(jjj)(1) Subject to paragraph (2), the term 'medically necessary
food' means food, including a low protein modified food product and an
amino acid preparation product, that is--
''(A) furnished pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation, for the dietary management of a covered
disease or condition;
''(B) a specially formulated and processed product (as
opposed to a naturally occurring foodstuff used in its natural
state) for the partial or exclusive feeding of an individual by
means of oral intake or enteral feeding by tube;
''(C) intended for the dietary management of an individual
who, because of therapeutic or chronic medical needs, has
limited or impaired capacity to ingest, digest, absorb, or
metabolize ordinary foodstuffs or certain nutrients, or who has
other special medically determined nutrient requirements, the
dietary management of which cannot be achieved by the
modification of the normal diet alone;
''(D) intended to be used under medical supervision, which
may include in a home setting; and
''(E) intended only for an individual receiving active and
ongoing medical supervision wherein the individual requires
medical care on a recurring basis for, among other things,
instructions on the use of the food.
''(2) For purposes of paragraph (1), the term 'medically necessary
food' does not include the following:
''(A) Foods taken as part of an overall diet designed to
reduce the risk of a disease or medical condition or as weight
loss products, even if they are recommended by a physician or
other health professional.
''(B) Foods marketed as gluten-free for the management of
celiac disease or non-celiac gluten sensitivity.
''(C) Foods marketed for the management of diabetes.
''(D) Other products determined appropriate by the
Secretary.
''(3) In this subsection, the term 'covered disease or condition'
means the following diseases or conditions:
''(A) Inherited metabolic disorders, including the
following:
''(i) Disorders classified as metabolic disorders
on the Recommended Uniform Screening Panel Core
Conditions list of the Secretary of Health and Human
Services' Advisory Committee on Heritable Disorders in
Newborns and Children.
''(ii) N-acetyl glutamate synthase deficiency.
''(iii) Ornithine transcarbamlyase deficiency.
''(iv) Carbamoyl phosphate synthestase deficiency.
''(v) Inherited disorders of mitochondrial
functioning.
''(B) Medical and surgical conditions of malabsorption,
including the following:
''(i) Impaired absorption of nutrients caused by
disorders affecting the absorptive surface, functional
length, and motility of the gastrointestinal tract,
including short bowel syndrome and chronic intestinal
pseudo-obstruction.
''(ii) Malabsorption due to liver or pancreatic
disease.
''(C) Immunoglobulin E and non-Immunoglobulin E-mediated
allergies to food proteins, including the following:
''(i) Immunoglobulin E and non-Immunoglobulin E-
mediated allergies to food proteins.
''(ii) Food protein-induced enterocolitis syndrome.
''(iii) Eosinophilic disorders, including
eosinophilic esophagitis, eosinophilic gastroenteritis,
eosinophilic colitis, and post-transplant eosinophilic
disorders.
''(D) Inflammatory or immune mediated conditions of the
alimentary tract, including the following:
''(i) Inflammatory bowel disease, including Crohn's
disease, ulcerative colitis, and indeterminate colitis.
''(ii) Gastroesophageal reflux disease that is
nonresponsive to standard medical therapies.
''(E) Any other disease or condition determined appropriate
by the Secretary.
''(4) In this subsection, the term ' low protein modified food
product' means a product formulated to have less than one gram of
protein per serving.''.
(C) Payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ''and'' before ''(BB)'';
and
(ii) by inserting before the semicolon at
the end the following: '', and (CC) with
respect to medically necessary food (as defined
in section 1861(jjj)), the amount paid shall be
an amount equal to 80 percent of the lesser of
the actual charge for the services or the
amount determined under a fee schedule
established by the Secretary for purposes of
this subparagraph.''.
(D) Effective date.--The amendments made by this
subsection shall apply to items and services furnished
on or after the date that is 1 year after the date of
the enactment of this Act.
(2) Inclusion of medically necessary vitamins as a covered
part d drug.--
(A) In general.--Section 1860D-2(e)(1) of the
Social Security Act (42 U.S.C. 1395w-102(e)(1)) is
amended--
(i) in subparagraph (A), by striking ''or''
at the end;
(ii) in subparagraph (B), by striking the
comma at the end and inserting ''; or''; and
(iii) by inserting after subparagraph (B)
the following new subparagraph:
''(C) medically necessary vitamins used for the
management of a covered disease or condition (as
defined in section 1861(jjj)(3)) pursuant to the
prescription, order, or recommendation (as applicable)
of a physician or other health care professional
qualified to make such prescription, order, or
recommendation,''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply to plan years beginning on
or after the date that is 1 year after the date of the
enactment of this Act.
(b) Coverage Under the Medicaid Program.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (28), by striking ''and'' at the
end;
(B) by redesignating paragraph (29) as paragraph
(31); and
(C) by inserting after paragraph (28) the following
new paragraphs:
''(29) medically necessary food (as defined in section
1861(jjj)) and the medical equipment and supplies necessary to
administer such food;
''(30) medically necessary vitamins used for the management
of a covered disease or condition (as defined in section
1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation; and''.
(2) Conforming amendments.--
(A) Mandatory benefits.--Section 1902(a)(10)(A) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is
amended, in the matter preceding clause (i), by
striking ''and (28)'' and inserting ''(28), (29), and
(30)''.
(B) Exception to coverage restriction.--Section
1927(d)(2)(E) of the Social Security Act (42 U.S.C.
1396r-8(d)(2)(E)) is amended by inserting ''and except
for medically necessary vitamins described in section
1905(a)(30)'' before the period at the end.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In the case of a State plan for
medical assistance under title XIX of the Social
Security Act which the Secretary of Health and Human
Services determines requires State legislation (other
than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by the
amendments made by this subsection, the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its
failure to meet this additional requirement before the
first day of the first calendar quarter beginning after
the close of the first regular session of the State
legislature that begins after the date of the enactment
of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to
be a separate regular session of the State legislature.
(c) Coverage Under CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following:
''(9) Medically necessary food.--The child health
assistance provided to a targeted low-income child under the
plan shall include coverage of medically necessary food (as
defined in section 1861(jjj)) and the medical equipment and
supplies necessary to administer such food.
''(10) Certain vitamins.--The child health assistance
provided to a targeted low-income child under the plan shall
include coverage of medically necessary vitamins used for the
management of a covered disease or condition (as defined in
section 1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation.''.
(2) Conforming amendment.--Section 2103(a) of the Social
Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter
preceding paragraph (1), by striking ''and (7)'' and inserting
''(7), (9), and (10)''.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In the case of a State child
health plan for child health assistance under title XXI
of the Social Security Act which the Secretary of
Health and Human Services determines requires State
legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this
subsection, the State child health plan shall not be
regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet
this additional requirement before the first day of the
first calendar quarter beginning after the close of the
first regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year
of such session shall be deemed to be a separate
regular session of the State legislature.
(d) Modification of Diseases and Conditions Covered Under TRICARE
Program.--Section 1077(h)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (D), by striking ''and'';
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
''(E) Immunoglobulin E or non-Immunoglobulin E mediated
allergies to food proteins.''.
(e) Coverage Under FEHBP.--
(1) In general.--Section 8902 of title 5, United States
Code, is amended by adding at the end the following:
''(p) A contract for a plan under this chapter shall require the
carrier to provide coverage for--
''(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
''(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to contract years beginning on or
after the date that is 1 year after the date of enactment of
this Act.
(f) Coverage Under Private Health Insurance.--
(1) In general.--Subpart II of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is
amended by adding at the end the following:

''SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS.

''A health insurance issuer offering group or individual health
insurance coverage shall provide coverage for--
''(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
''(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to plan years beginning on or after the date that
is 1 year after the date of the enactment of this Act.
[A]: Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance,of foods and vitamins that are medically necessary for the management ofcertain digestive and metabolic disordersand conditions.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Veterans E-Health and Telemedicine
Support Act of 2017'' or the ''VETS Act of 2017''.

SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE.

(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1730A the following new section:
''Sec. 1730B. Licensure of health care professionals providing
treatment via telemedicine
''(a) In General.--Notwithstanding any provision of law regarding
the licensure of health care professionals, a covered health care
professional may practice the health care profession of the health care
professional at any location in any State, regardless of where the
covered health care professional or the patient is located, if the
covered health care professional is using telemedicine to provide
treatment to an individual under this chapter.
''(b) Property of Federal Government.--Subsection (a) shall apply
to a covered health care professional providing treatment to a patient
regardless of whether the covered health care professional or patient
is located in a facility owned by the Federal Government during such
treatment.
''(c) Construction.--Nothing in this section may be construed to
remove, limit, or otherwise affect any obligation of a covered health
care professional under the Controlled Substances Act (21 U.S.C. 801 et
seq.).
''(d) Covered Health Care Professional Defined.--In this section,
the term 'covered health care professional' means a health care
professional who--
''(1) is an employee of the Department appointed under the
authority under sections 7306, 7401, 7405, 7406, or 7408 of
this title, or title 5;
''(2) is authorized by the Secretary to provide health care
under this chapter;
''(3) is required to adhere to all quality standards
relating to the provision of telemedicine in accordance with
applicable policies of the Department; and
''(4) has an active, current, full, and unrestricted
license, registration, or certification in a State to practice
the health care profession of the health care professional.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1730A the following new item:

''1730B. Licensure of health care professionals providing treatment via
telemedicine.''.
(c) Report on Telemedicine.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the effectiveness of the use of
telemedicine by the Department of Veterans Affairs.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The satisfaction of veterans with telemedicine
furnished by the Department.
(B) The satisfaction of health care providers in
providing telemedicine furnished by the Department.
(C) The effect of telemedicine furnished by the
Department on the following:
(i) The ability of veterans to access
health care, whether from the Department or
from non-Department health care providers.
(ii) The frequency of use by veterans of
telemedicine.
(iii) The productivity of health care
providers.
(iv) Wait times for an appointment for the
receipt of health care from the Department.
(v) The reduction, if any, in the use by
veterans of in-person services at Department
facilities and non-Department facilities.
(D) The types of appointments for the receipt of
telemedicine furnished by the Department that were
provided during the 1-year period preceding the
submittal of the report.
(E) The number of appointments for the receipt of
telemedicine furnished by the Department that were
requested during such period, disaggregated by Veterans
Integrated Service Network.
(F) Savings by the Department, if any, including
travel costs, of furnishing health care

through the use of telemedicine during such period.

Passed the House of Representatives November 7, 2017.

Attest:

KAREN L. HAAS,

Clerk.
[A]: . Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 (Sec. 2) This bill allows a licensed health care professional of the Department of Veterans Affairs (VA) to practice his or her profession using telemedicine at any location in any state regardless of where the professional or patient is located if the covered health care professional is using telemedicine to provide VA medical or health services. Such authority shall apply to a covered health care professional regardless of whether the covered health care professional or patient is located in a federally-owned facility. The bill defines "covered health care professional" as a health care professional who: (1) is a VA employee appointed under specified VA authorities or under the civil service; (2) is authorized by the VA to provide health care; (3) is required to adhere to all telemedicine quality standards; and (4) has an active, current, full, and unrestricted state license, registration, or certification for such health care profession. The VA shall report to Congress on the effectiveness of the VA's use of telemedicine.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Offshore Fairness Act of 2005''.

SEC. 2. PURPOSES.

The purposes of this Act are--
(1) to provide equity to the States of Louisiana,
Mississippi, and Alabama with respect to the seaward boundaries
of the States in the Gulf of Mexico by extending the seaward
boundaries from 3 geographical miles to 3 marine leagues if the
State meets certain conditions not later than 5 years after the
date of enactment of this Act;
(2) to convey to the States of Louisiana, Mississippi, and
Alabama the interest of the United States in the submerged land
of the outer Continental Shelf that is located in the extended
seaward boundaries of the States;
(3) to provide that any mineral leases, easements, rights-
of-use, and rights-of-way issued by the Secretary of the
Interior with respect to the submerged land to be conveyed
shall remain in full force and effect; and
(4) in conveying the submerged land, to ensure that the
rights of lessees, operators, and holders of easements, rights-
of-use, and rights-of-way on the submerged land are protected.

SEC. 3. SEAWARD BOUNDARY EXTENSION.

(a) In General.--Title II of the Submerged Lands Act (43 U.S.C.
1311 et seq.) is amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:

''SEC. 11. EXTENSION OF SEAWARD BOUNDARIES OF THE STATES OF LOUISIANA,
MISSISSIPPI, AND ALABAMA.

''(a) Definitions.--In this section:
''(1) Existing interest.--The term 'existing interest'
means any lease, easement, right-of-use, or right-of-way on, or
for any natural resource or minerals underlying, the expanded
submerged land that is existence on the date of the conveyance
of the expanded submerged land to the State under subsection
(b)(1).
''(2) Expanded seaward boundary.--The term 'expanded
seaward boundary' means the seaward boundary of the State that
is 3 marine leagues seaward of the coast line of the State as
of the day before the date of enactment of this section.
''(3) Expanded submerged land.--The term 'expanded
submerged land' means the area of the outer Continental Shelf
that is located between 3 geographical miles and 3 marine
leagues seaward of the coast line of the State as of the day
before the date of enactment of this section.
''(4) Interest owner.--The term 'interest owner' means any
person that owns or holds an existing interest in the expanded
submerged land or portion of an existing interest in the
expanded submerged land.
''(5) Secretary.--The term 'Secretary' means the Secretary
of the Interior.
''(6) State.--The term 'State' means each of the States of
Louisiana, Mississippi, and Alabama.
''(b) Conveyance of Expanded Submerged Land.--
''(1) In general.--If a State demonstrates to the
satisfaction of the Secretary that the conditions described in
paragraph (2) will be met, the Secretary shall, subject to
valid existing rights and subsection (c), convey to the State
the interest of the United States in the expanded submerged
land of the State.
''(2) Conditions.--A conveyance under paragraph (1) shall
be subject to the condition that--
''(A) on conveyance of the interest of the United
States in the expanded submerged land to the State
under paragraph (1)--
''(i) the Governor of the State (or a
delegate of the Governor) shall exercise the
powers and duties of the Secretary under the
terms of any existing interest, subject to the
requirement that the State and the officers of
the State may not exercise the powers to impose
any burden or requirement on any interest owner
that is more onerous or strict than the burdens
or requirements imposed under applicable
Federal law (including regulations) on owners
or holders of the same type of lease, easement,
right-of-use, or right-of-way on the outer
Continental Shelf seaward of the expanded
submerged land; and
''(ii) the State shall not impose any
administrative or judicial penalty or sanction
on any interest owner that is more severe than
the penalty or sanction under Federal law
(including regulations) applicable to owners or
holders of leases, easements, rights-of-use, or
rights-or-way on the outer Continental Shelf
seaward of the expanded submerged lands for the
same act, omission, or violation;
''(B) not later than 5 years after the date of
enactment of this section--
''(i) the State shall enact laws or
promulgate regulations with respect to the
environmental protection, safety, and
operations of any platform pipeline in
existence on the date of conveyance to the
State under paragraph (1) that is affixed to or
above the expanded submerged land that impose
the same requirements as Federal law (including
regulations) applicable to a platform pipeline
on the outer Continental Shelf seaward of the
expanded submerged land; and
''(ii) the State shall enact laws or
promulgate regulations for determining the
value of oil, gas, or other mineral production
from existing interests for royalty purposes
that establish the same requirements as the
requirements under Federal law (including
regulations) applicable to Federal leases for
the same minerals on the outer Continental
Shelf seaward of the expanded submerged land;
and
''(C) the State laws and regulations enacted or
promulgated under subparagraph (B) shall provide that
if Federal law (including regulations) applicable to
leases, easements, rights-of-use, or rights-of-way on
the outer Continental Shelf seaward of the expanded
submerged land are modified after the date on which the
State laws and regulations are enacted or promulgated,
the State laws and regulations applicable to existing
interests will be modified to reflect the change in
Federal laws (including regulations).
''(c) Exceptions.--
''(1) Mineral lease or unit divided.--
''(A) In general.--If any existing Federal oil and
gas or other mineral lease or unit would be divided by
the expanded seaward boundary of a State, the interest
of the United States in the leased minerals underlying
the portion of the lease or unit that lies within the
expanded submerged boundary shall not considered to be
conveyed to the State until the date on which the lease
or unit expires or is relinquished by the United
States.
''(B) Applicability for other purposes.--
Notwithstanding subparagraph (A), the expanded seaward
boundary of a State shall be the seaward boundary of
the State for all other purposes, including the
distribution of revenues under section 8(g)(2) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1337(g)(2)).
''(2) Laws and regulations not sufficient.--If the
Secretary determines that any law or regulation enacted or
promulgated by a State under subparagraph (B) of subsection
(b)(2) does not meet the requirements of that subparagraph, the
Secretary shall not convey the expanded submerged land to the
State.
''(d) Interest Issued or Granted by the State.--This section does
not apply to any interest in the expanded submerged land that a State
issues or grants after the date of conveyance of the expanded submerged
land to the State under subsection (b)(1).
''(e) Liability.--
''(1) In general.--By accepting conveyance of the expanded
submerged land, the State agrees to indemnify the United States
for any liability to any interest owner for the taking of any
property interest or breach of contract from--
''(A) the conveyance of the expanded submerged land
to the State; or
''(B) the State's administration of any existing
interest under subsection (b)(2)(A)(i).
''(2) Deduction from oil and gas leasing revenues.--The
Secretary may deduct from the amounts otherwise payable to the
State under section 8(g)(2) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)(2)) the amount of any final
nonappealable judgment for a taking or breach of contract
described in paragraph (1).''.
(b) Conforming Amendment.--Section 2(b) of the Submerged Lands Act
(43 U.S.C. 1301(b)) is amended by striking ''section 4 hereof'' and
inserting ''section 4 or 11''.
[A]:
Offshore Fairness Act of 2005 - Amends the Submerged Lands Act to require the Secretary of the Interior to convey the interest of the United States in the expanded submerged land of the states of Louisiana, Mississippi, and Alabama, if the state involved demonstrates that specified conditions will be met. Numbers among such conditions the requirement that the state enact, and keep updated, laws or promulgate regulations equivalent to federal law or regulations regarding: (1) the environmental protection, safety, and operations of any operation pipeline in existence on the date of conveyance; and (2) valuation of oil, gas, or other mineral production from existing interests for royalty purposes.

Provides that, if any existing federal oil and gas or other mineral lease or unit would be divided by the expanded seaward boundary of a state, the federal interest in the leased minerals underlying the portion of the lease or unit that lies within the expanded submerged boundary shall not be considered to be conveyed to the state until the date on which the lease or unit expires or is relinquished by the United States.