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H.R. 8780House116th Congress (2019-2021)In Committee

To amend title XVIII of the Social Security Act to provide for additional requirements with respect to electrodiagnostic services under the Medicare program.

Sponsored by Greg WaldenRep. Greg Walden (R-OR)
Introduced November 18, 2020

AI-Generated Summary

Updated April 14, 2026 at 3:52 PM UTC

The bill adds new rules to Medicare’s payment for electrodiagnostic services—specifically nerve conduction studies and needle EMG. It requires these tests to be done only at facilities that meet strict quality, equipment, and staffing standards and that are accredited by a Secretary‑designated organization. The law also sets timelines for selecting accrediting bodies, issuing regulations, and forming an advisory committee to guide the program.

Key Provisions

  • Medicare will not pay for nerve conduction studies or needle electromyography (EMG) performed at facilities that are not “qualified” beginning 3‑4 years after the law takes effect.
  • A “qualified facility” must be accredited by an organization the Secretary designates, and the accreditation must require the facility to have a quality‑assurance program, appropriate testing equipment, and on‑site interpretation of results.
  • Physicians performing needle EMG must have at least three months of residency or fellowship training in electrodiagnostic services approved by the ACGME or the Royal College of Physicians and Surgeons of Canada.
  • The Secretary must name one or more accrediting organizations within two years and issue final regulations within one year outlining how organizations are selected, reviewed, and possibly withdrawn.
  • An advisory committee of 9‑11 non‑government experts (physicians, other health‑care practitioners, etc.) must be created within two years to recommend facility requirements, accreditation criteria, and regulatory details.

Legislative Activity

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HouseIntro Referral Latest Action

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.

Energy and Commerce Committee

November 18, 2020

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HouseIntro Referral

Introduced in House

November 18, 2020

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E1051)

November 18, 2020

HouseIntro Referral

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.

Energy and Commerce Committee

November 18, 2020

Bill Text

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Introduced in HouseIssued November 18, 2020

I

116th CONGRESS

2d Session

H. R. 8780

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.

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.

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