Section 1 Short title
This Act may be cited as the “Acupuncture for Our Seniors Act of 2023”.
Acupuncture for Our Seniors Act of 2023
A BILL
To amend title XVIII of the Social Security Act to provide coverage for acupuncturist services under the Medicare program.
Sec. 2 Coverage for acupuncturist services under the Medicare program
in subsection (s)(2)—
by adding “and” at the end of subparagraph (JJ); and
by adding at the end the following new subparagraph:
“(KK) qualified acupuncturist services (as defined in subsection (nnn)(1));”
by adding at the end the following new subsection:
“(nnn) Qualified acupuncturist services
“(1) In general—The term qualified acupuncturist services means such services furnished by a qualified acupuncturist (as defined in paragraph (2)), and such services and supplies furnished as an incident to services furnished by the qualified acupuncturist, as the qualified acupuncturist is legally authorized to perform under State law.
“(2) Qualified acupuncturist defined—For purposes of this subsection, the term qualified acupuncturist means—
“(A) an individual who is licensed as an acupuncturist by a State or, in the case of an individual in a State that does not provide for such licensure, meets such criteria (such as certification through an appropriate nationally recognized certification authority for acupuncturists) as the Secretary may specify; or
“(B) a physician who is legally authorized to perform acupuncture as part of the practice of medicine and surgery by the State in which the physician performs such function or action.”
Payment rules—
Payment under physician fee schedule— Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)) is amended by inserting “(2)(KK),” before “(3),”.
Separate payment for services of institutional providers— Section 1833(a)(2)(B) of the Social Security Act (42 U.S.C. 1395l(a)(2)(B)) is amended—
in clause (i), by inserting “and in the case of qualified acupuncturist services,” after “1999,”;
in clause (ii), by inserting “or in the case of qualified acupuncturist services,” after “1999,”; and
in clause (iii), by inserting “(other than qualified acupuncturist services)” after “such services”.
Qualified acupuncturist treatment as a practitioner— Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause:
“(ix) A qualified acupuncturist (as defined in section 1861(nnn)(2)).”
Separate billing for acupuncturist services furnished in an inpatient hospital setting— Section 1861(b)(4) of the Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by inserting “qualified acupuncturist services,” after “qualified psychologist services,”.
Effective date— The amendments made by this section apply with respect to services furnished on or after the date that is 270 days after the date of enactment of this Act.