S. 1161

Medicare Medical Nutrition Therapy Act of 2007

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II

110th CONGRESS

1st Session

S. 1161

IN THE SENATE OF THE UNITED STATES

April 19, 2007

Mr. Bingaman (for himself, Mr. Craig, Mr. Conrad, Mr. Schumer, and Ms. Cantwell) 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 authorize the expansion of medicare coverage of medical nutrition therapy services.

1.

Short title

This Act may be cited as the Medicare Medical Nutrition Therapy Act of 2007.

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

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 redesignated; 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 (as defined in section 1869(f)(1)(B)) for the coverage of such services;

.

(b)

Coverage of services furnished by physicians

Section 1861(vv)(1) of the Social Security Act (42 U.S.C. 1395x(vv)(1)) is amended by inserting or which are furnished by a physician before the period at the end.

(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, acting through the Administrator of the Centers for Medicare & 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, 2008.