To amend title XVIII of the Social Security Act to expand coverage of medical nutrition therapy services under the Medicare Program for beneficiaries with cardiovascular disease.

June 7, 2001

Mr. UPTON (for himself, Ms. ESHOO, Mr. HOEFFEL, Ms. ROS-LEHTINEN, Mr. BALDACCI, Mr. BAKER, Mr. ANDREWS, Mr. SNYDER, Mr. CAMP, Ms. PRICE of Ohio, Mr. UDALL of New Mexico, Mr. HUTCHINSON, Mr. KING, Mr. JEFFERSON, Mr. PICKERING, Mr. SIMMONS, Mr. NORWOOD, Mr. WICKER, Mr. PASTOR, Mr. BONIOR, Mr. BLUMENAUER, Mr. ROSS, Mr. CRAMER, Ms. KILPATRICK, Mr. ACKERMAN, Mr. HINCHEY, Mr. BOUCHER, Mr. PAUL, Mr. SAXTON, Mr. HOUGHTON, Mr. GREEN of Texas, Mr. ABERCROMBIE, Mr. TANNER, Mr. CARSON of Oklahoma, Ms. RIVERS, Mrs. JONES of Ohio, Mr. STRICKLAND, Mr. TOOMEY, Mr. FARR of California, Mr. PRICE of North Carolina, Mr. VISCLOSKY, Mrs. EMERSON, Mrs. THURMAN, Mr. GOODLATTE, Ms. LEE, Mr. SOUDER, Mr. SKELTON, Mr. SANDLIN, Mr. LATOURETTE, Ms. JACKSON-LEE of Texas, Mr. SHAYS, Mr. DEUTSCH, Mrs. MORELLA, Mr. TIERNEY, and Mr. WYNN) 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 expand coverage of medical nutrition therapy services under the Medicare Program for beneficiaries with cardiovascular disease.

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 Amendment Act of 2001'.

SEC. 2. COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES FOR BENEFICIARIES WITH CARDIOVASCULAR DISEASES.

(a) IN GENERAL- Section 1861(s)(2)(V) of the Social Security Act (42 U.S.C. 1395x(s)(2)(V)), as added by subsection (a) of section 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended to read as follows:

`(V) medical nutrition therapy services (as defined in subsection (vv)(1)) in the case of a beneficiary--

`(i) with a cardiovascular disease (including congestive heart failure, arteriosclerosis, hyperlipidemia, hypertension, and hypercholesterolemia), diabetes, or a renal disease (or a combination of such conditions) who--

`(I) has not received diabetes outpatient self-management training services within a time period determined by the Secretary;

`(II) is not receiving maintenance dialysis for which payment is made under section 1881; and

`(III) meets such other criteria determined by the Secretary after consideration of protocols established by dietitian or nutrition professional organizations; or

`(ii) with a combination of such conditions who--

`(I) is not described in clause (i) because of the application of subclause (I) or (II) of such clause;

`(II) receives such medical nutrition therapy services in a coordinated manner (as determined appropriate by the Secretary) with any services described in such subclauses that the beneficiary is receiving; and

`(III) meets such other criteria determined by the Secretary after consideration of protocols established by dietitian or nutrition professional organizations;'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect as if included in the enactment of such section 105.

END