S 2931
110th CONGRESS
2d Session
S. 2931
To amend title XVIII of the Social Security Act to exempt complex
rehabilitation products and assistive technology products from the Medicare
competitive acquisition program.
IN THE SENATE OF THE UNITED STATES
April 29, 2008
Ms. SNOWE (for herself, Ms. STABENOW, and Mr. JOHNSON) introduced the
following bill; which was read twice and referred to the Committee on
Finance
A BILL
To amend title XVIII of the Social Security Act to exempt complex
rehabilitation products and assistive technology products from the Medicare
competitive acquisition program.
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 Access to Complex Rehabilitative
and Assistive Technology Act of 2008'.
SEC. 2. EXEMPTION OF COMPLEX REHABILITATION AND ASSISTIVE TECHNOLOGY
FROM THE MEDICARE COMPETITIVE ACQUISITION PROGRAM.
(a) In General- Section 1847(a) of the Social Security Act (42 U.S.C.
1395w-3(a)) is amended--
(1) in paragraph (2)(A), by striking `but excluding' and all that
follows and inserting the following: `but excluding--
`(i) class III devices under the Federal Food, Drug, and Cosmetic
Act; and
`(ii) complex rehabilitation products and assistive technology
products (described in paragraph (7)(A)) that are prescribed by
a physician and provided by a supplier that is accredited by an
independent accreditation organization designated under section
1834(a)(20)(B).'; and
(2) by adding at the end the following new paragraph:
`(7) COMPLEX REHABILITATION PRODUCTS AND ASSISTIVE TECHNOLOGY PRODUCTS
DESCRIBED-
`(A) IN GENERAL- For purposes of paragraph (2)(A)(ii), complex rehabilitation
products and assistive technology products described in this subparagraph
are medically necessary adaptive seating, positioning, and mobility
devices and speech generating devices that are evaluated, fitted,
configured, adjusted, or programmed to meet the specific and unique
needs of an individual with a primary diagnosis resulting from injury
or trauma or which is neuromuscular in nature. Such a primary diagnosis
includes spinal cord injury, traumatic brain injury, cerebral palsy,
muscular dystrophy, spinal muscular atrophy, spina bifida, amyotrophic
lateral sclerosis, multiple sclerosis, Parkinson's disease, or any
other disease or disability identified by the Secretary as requiring
the use of such devices.
`(B) ESTABLISHMENT OF MEDICAL NECESSITY- For purposes of subparagraph
(A), in establishing medical necessity of a device described in
such subparagraph for the treatment of an individual, the Secretary
shall consider whether the device is expected to be necessary for
such treatment taking into account the diagnosis, prognosis, and
functional need of the individual and the expected progression of
the disease or disability involved.'.
(b) Effective Date- The amendments made by subsection (a) shall be effective
as if included in the enactment of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173).
END
