This bill requires, as a condition for Medicare payment, specified electrodiagnostic services to be furnished by qualified facilities that comply with accreditation, training, and other quality control requirements, as established under the bill.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8780 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8780
To amend title XVIII of the Social Security Act to provide for
additional requirements with respect to electrodiagnostic services
under the Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2020
Mr. Walden (for himself and Ms. Blunt Rochester) 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 for
additional requirements with respect to electrodiagnostic services
under the Medicare program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ADDITIONAL REQUIREMENTS FOR ELECTRODIAGNOSTIC SERVICES.
Section 1834 of the Social Security Act (42 U.S.C. 1395m) is
amended by adding at the end the following new subsection:
``(x) Payment for Electrodiagnostic Services.--
``(1) In general.--No payment may be made under this part
for electrodiagnostic services described in paragraph (2)
furnished on or after a date determined appropriate by the
Secretary that is not less than 3 years after the date of the
enactment of this subsection and not later than 4 years after
such date of enactment that are not furnished at a qualified
facility.
``(2) Electrodiagnostic services.--The services described
in this paragraph are the following:
``(A) Nerve conduction studies.
``(B) Needle electromyography tests.
``(3) Qualified facility.--In this subsection, the term
`qualified facility' means a facility accredited by an
organization specified by the Secretary pursuant to paragraph
(4).
``(4) Accreditation organizations.--
``(A) In general.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall specify one or more accrediting organizations, in
consultation with the advisory committee described in
paragraph (5), for purposes determining whether a
facility is a qualified facility. The Secretary may
specify an organization pursuant to the preceding
sentence only if such organization requires, as a
condition of accreditation of a facility by such
organization, that such facility meet the requirements
described in subparagraph (B).
``(B) Facility requirements.--The requirements
described in this subparagraph are, with respect to a
facility and electrodiagnostic services furnished at
such facility, the following:
``(i) The facility establishes and
maintains a quality assurance and control
program to ensure the reliability, safety, and
accuracy of such service.
``(ii) The facility ensures that such
service is conducted using a device capable of
performing both nerve conduction studies that
record amplitude and latency and needle
electromyography tests capable of real-time
waveform display and analysis.
``(iii) In the case that such service is a
needle electromyography test, the facility
ensures that the physician furnishing such test
has completed not less than three months of
training in furnishing electrodiagnostic
services through a residency or fellowship
program accredited by the Accreditation Council
for Graduate Medical Education or the Royal
College of Physicians and Surgeons of Canada.
``(iv) The facility ensures that the
results are interpreted on-site and at the time
of the procedure--
``(I) in the case of a needle
electromyography test, by the physician
who performed such test; and
``(II) in the case of a nerve
conduction study, by the physician who
performed or supervised such study.
``(v) Any other requirement determined
appropriate by the Secretary.
``(C) Regulations.--Not later than 1 year after the
date of the enactment of this subsection, the Secretary
shall finalize regulations that outline--
``(i) the process by which an accrediting
organization may be specified under
subparagraph (A);
``(ii) the duration and the minimum time
period between reviews for reaccreditation an
organization so specified must provide for with
respect to an accreditation of a facility made
by such organization;
``(iii) the process by which the Secretary
may withdraw approval of an accrediting
organization so specified if the Secretary
determines that such organization no longer
requires, as a condition of accreditation of a
facility by such organization, that such
facility meet the requirements described in
subparagraph (B); and
``(iv) the effect such a withdrawal will
have on facilities accredited by such
organization as of the date of such withdrawal.
``(5) Advisory committee.--
``(A) In general.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall establish an advisory committee to be known as
the `National Electrodiagnostic Services Advisory
Committee' (in this subsection referred to as the
`committee') for purposes of carrying out the duties
specified in subparagraph (B).
``(B) Duties.--The duties of the committee are the
following:
``(i) To provide to the Secretary
recommendations with respect to requirements
that may be determined appropriate by the
Secretary pursuant to paragraph (4)(B)(v),
including any proposed additions to such
requirements or modifications of such
requirements. In developing such
recommendations, the committee shall
prioritize--
``(I) reducing unnecessary
treatments and surgeries;
``(II) decreasing the need for
retesting of individuals;
``(III) enhancing the reliability
of diagnoses and promoting positive
health outcomes for individuals;
``(IV) addressing emerging waste,
fraud, and abuse schemes; and
``(V) otherwise improving the
quality of care for individuals.
``(ii) To provide to the Secretary
recommendations regarding the regulations
described in paragraph (4)(C).
``(iii) To provide to the Secretary
recommendations with respect to whether
accrediting organizations seeking to be
specified pursuant to paragraph (4)(A) should
be so specified.
``(C) Composition.--The committee shall be composed
of not fewer than 9 and not more than 11 individuals
selected by the Secretary. Such individuals shall not
be officers or employees of the Federal Government and
shall include--
``(i) physicians;
``(ii) other health care practitioners; and
``(iii) other individuals determined
appropriate by the Secretary.
``(D) Meetings.--The committee shall convene not
less than twice each year.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1051)
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.
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.
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