To amend title XVIII of the Social Security Act to authorize expansion of Medicare coverage of medical nutrition therapy services.

April 12, 2005

Mr. UPTON (for himself, Ms. ESHOO, Mr. TERRY, Mr. WU, Mr. BECERRA, and Mr. BONNER) 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

To amend title XVIII of the Social Security Act to authorize expansion of Medicare coverage of medical nutrition therapy services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Medicare Medical Nutrition Therapy Act of 2005'.

SEC. 2. AUTHORIZING EXPANSION OF MEDICARE COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES.

(a) Authorizing Expanded Eligible Population- Section 1861(s)(2)(V) of the Social Security Act (42 U.S.C. 1395x(s)(2)(V)) is amended--

(1) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting each such clause an additional 2 ems;

(2) by striking `in the case of a beneficiary with diabetes or a renal disease who--' and inserting the following:

`in the case of a beneficiary--

`(i) with diabetes or a renal disease who--';

(3) by adding `or' at the end of subclause (III) of clause (i), as so designated; and

(4) by adding at the end the following new clause:

`(ii) who is not described in clause (i) but who has another disease, condition, or disorder for which the Secretary has made a national coverage determination (under section 1869(f)(1)(B)) for the coverage of such services;'.

(b) Coverage of Services Furnished by Physicians- Section 1861(vv)(1) of such Act (42 U.S.C. 1395x(vv)(1)) is amended by inserting `, physician,' after `a registered dietician '.

(c) National Coverage Determination Process- In making a national coverage determination described in section 1861(s)(2)(V)(ii) of the Social Security Act, as added by subsection (a)(4), the Secretary of Health and Human Services, through the Director of the Centers for Medicare and Medicaid Services, shall--

(1) consult with dietetic and nutrition professional organizations in determining appropriate protocols for coverage of medical nutrition therapy services for individuals with different diseases, conditions, and disorders; and

(2) consider the degree to which medical nutrition therapy interventions prevent or help prevent the onset or progression of more serious diseases, conditions, or disorders.

(d) Effective Date- The amendments made by this section shall apply to services furnished on or after January 1, 2006.

END