US Codex
Bill
Notes

H.R. 3630 — what changed

Lymphedema Treatment Act

From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.

Sec. 2 Medicare coverage of certain lymphedema compression treatment items

(a)
added Coverage—
(1)
renumbered was (2) In general— Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—
(A)
renumbered was (2)(3) in subsection (s)(2)—
(i)
renumbered was (2)(3)(2) in subparagraph (GG), by striking “and” after the semicolon at the end;
(ii)
renumbered was (2)(3)(3) in subparagraph (HH), by striking the period at the end and inserting “; and”; and
(iii)
renumbered was (2)(3)(4) by adding at the end the following new subparagraph:

“(II) lymphedema compression treatment items (as defined in subsection (lll));”

(B)
renumbered was (2)(4) by adding at the end the following new subsection:

added “(lll) Lymphedema compression treatment items—The term lymphedema compression treatment items means standard and custom fitted gradient compression garments and other items determined by the Secretary that are—

added “(1) furnished on or after January 1, 2024, to an individual with a diagnosis of lymphedema for the treatment of such condition;

added “(2) primarily and customarily used to serve a medical purpose and for the treatment of lymphedema, as determined by the Secretary; and

added “(3) prescribed by a physician (or a physician assistant, nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) to the extent authorized under State law).”

(2)
added Payment—
(A)
added In general— Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—
(i)
added by striking “and” before “(DD)”; and
(ii)
added by inserting before the semicolon at the end the following: “and (EE) with respect to lymphedema compression treatment items (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1834(z)”.
(B)
added Payment basis and limitations— Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection:

added “(z) Payment for lymphedema compression treatment items

added “(1) In general—The Secretary shall determine an appropriate payment basis for lymphedema compression treatment items (as defined in section 1861(lll)). In making such a determination, the Secretary may take into account payment rates for such items under State plans (or waivers of such plans) under title XIX, the Veterans Health Administration, and group health plans and health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), and such other information as the Secretary determines appropriate.

added “(2) Frequency limitation—No payment may be made under this part for lymphedema compression treatment items furnished other than at such frequency as the Secretary may establish.

added “(3) Application of competitive acquisition—In the case of lymphedema compression treatment items that are included in a competitive acquisition program in a competitive acquisition area under section 1847(a)—

added “(A) the payment basis under this subsection for such items furnished in such area shall be the payment basis determined under such competitive acquisition program; and

added “(B) the Secretary may use information on the payment determined under such competitive acquisition programs to adjust the payment amount otherwise determined under this subsection for an area that is not a competitive acquisition area under section 1847, and in the case of such adjustment, paragraphs (8) and (9) of section 1842(b) shall not be applied.”

(3)
added Conforming amendment— Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w–3(a)(2)) is amended by adding at the end the following new subparagraph:

changed “(lll) “(D) Lymphedema compression treatment items—The term lymphedema items—Lymphedema compression treatment items means—(as defined in section 1861(lll)) for which payment would otherwise be made under section 1834(z).”

removed “(1) standard and custom fitted gradient compression garments that are—

removed “(A) furnished on or after January 1, 2023, to an individual with a diagnosis of lymphedema for the treatment of such condition;

removed “(B) primarily and customarily used in the medical treatment of lymphedema, as determined by the Secretary; and

removed “(C) prescribed by a physician (or a physician assistant, nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) to the extent authorized under State law); and

removed “(2) other devices determined by the Secretary to be effective in the prevention or treatment of lymphedema.”

(b)
changed Effective date—Inclusion in requirements for suppliers of medical equipment and supplies— The amendments made by subsection (a) shall apply to lymphedema compression treatment items furnished on or after January 1, 2023.Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended—
(1)
added in subsection (a)(20)(D), by adding at the end the following new clause:

added “(iv) Lymphedema compression treatment items (as defined in section 1861(lll)).”

(2)
added in subsection (j)(5)—
(A)
added by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(B)
added by inserting after subparagraph (D) the following new subparagraph:

added “(E) lymphedema compression treatment items (as defined in section 1861(lll));”