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Title II — Protecting beneficiary access to respiratory therapists

S. 3821 · 118th Congress · Feb 28, 2024 · Lineage

II Protecting beneficiary access to respiratory therapists

Sec. 201 Reimbursement for respiratory therapists

(a)
Protecting access to respiratory therapist services—
(1)
Adding respiratory therapist services to the definition of medical and other health services— Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended—
(A)
in subparagraph (JJ), by inserting “and” after the semicolon; and
(B)
by adding at the end the following new subparagraph:

“(KK) respiratory therapist services (as defined in subsection (nnn)) furnished on or after January 1, 2025.”

(2)
Definition of respiratory therapist services— Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:

“(nnn) Respiratory therapist services—The term respiratory therapist services means services performed by a respiratory therapist within the scope of practice of a respiratory therapist as defined by State law, regulations, and applicable accreditation standards for the assessment, treatment, and monitoring of patients requiring oxygen and oxygen related equipment, supplies, or services.”

(b)
Add-On payment adjustment— Section 1834(a)(9) of the Social Security Act (42 U.S.C. 1395m(a)(9)), as amended by sections 101(b) and 102(a), is further amended by adding at the end the following new subparagraph:

“(H) Monthly payment add-on adjustment for respiratory therapist services—For respiratory therapist services furnished on or after January 1, 2025, the Secretary shall implement through notice and comment rulemaking and in consultation with stakeholders a non-budget neutral add-on payment adjustment to the payment amount established under this paragraph that reflects the cost of providing respiratory therapist services as clinically appropriate under State law.”