Acupuncture for Heroes and Seniors Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1183 To amend title 10, United States Code, to ensure access to qualified acupuncturist services for military members and military dependents, to amend title 38, United States Code, to ensure access to acupuncturist services through the Department of Veterans Affairs, to amend title XVIII of the Social Security Act to provide for coverage of qualified acupuncturist services under the Medicare program; to amend the Public Health Service Act to authorize the appointment of qualified acupuncturists as officers in the commissioned Regular Corps and the Ready Reserve Corps of the Public Health Service, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Ms. JUDY CHU of California introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittees on Armed Services, Veterans’ Affairs, and 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 com- mittee concerned A BILL To amend title 10, United States Code, to ensure access to qualified acupuncturist services for military members and military dependents, to amend title 38, United States Code, to ensure access to acupuncturist services through the Department of Veterans Affairs, to amend title XVIII of the Social Security Act to provide for coverage of qualified acupuncturist services under the Medicare program; to amend the Public Health Service VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1183 IH Act to authorize the appointment of qualified acupuncturists as officers in the commissioned Regular Corps and the Ready Reserve Corps of the Public Health Service, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Acupuncture for Heroes and Seniors Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents of 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Inclusion of acupuncture services through military health care system and TRICARE program. Sec. 4. Acupuncture health services for TRICARE program beneficiaries. Sec. 5. Appointment of acupuncturists as commissioned officers in the Armed Forces. Sec. 6. Inclusion of acupuncturist services at veterans health facilities. Sec. 7. Coverage for acupuncturist services under the Medicare program. Sec. 8. Acupuncturists in the Regular Corps and the Ready Reserve Corps of the Public Health Service. SEC. 2. DEFINITIONS. 8 In this Act, except as otherwise provided: 9 (1) The term ‘‘qualified acupuncturist services’’ 10 means— 11 (A) acupuncturist services— 12 (i) that are furnished by a qualified 13 acupuncturist; and 14 (ii) which the qualified acupuncturist 15 is legally authorized to perform under 16 State law; and 17 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1183 IH (B) services and supplies that are fur- 1 nished by a qualified acupuncturist incident to 2 the services described in subparagraph (A). 3 (2) The term ‘‘qualified acupuncturist’’ means 4 an individual who is licensed or certified as an 5 acupuncturist by a State or, in the case of an indi- 6 vidual in a State that does not provide for such li- 7 censure or certification, meets such criteria (such as 8 accreditation through an appropriate nationally rec- 9 ognized certification authority for acupuncturists) as 10 the Secretary of Health and Human Services may 11 specify. In specifying such requirements, the Sec- 12 retary may use the same requirements as those es- 13 tablished by such a certification authority. 14 (3) The term ‘‘State’’ means the 50 States, the 15 District of Columbia, Puerto Rico, the United States 16 Virgin Islands, Guam, American Samoa, and the 17 Northern Mariana Islands. 18 SEC. 3. INCLUSION OF ACUPUNCTURE SERVICES THROUGH 19 MILITARY HEALTH CARE SYSTEM AND 20 TRICARE PROGRAM. 21 (a) MEMBERS OF THE UNIFORMED SERVICES.— 22 (1) IN GENERAL.—Chapter 55 of title 10, 23 United States Code, is amended by inserting after 24 section 1074o the following new section: 25 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1183 IH ‘‘§ 1074p. Provision of acupuncturist services 1 ‘‘In accordance with section 1074(c) of this title, and 2 under regulations prescribed by the Secretary, members 3 of the uniformed services entitled to medical care under 4 section 1074 shall be entitled to qualified acupuncturist 5 services (without the requirement of a referral) provided 6 in a military medical treatment facility or a private facility 7 by an acupuncturist who is licensed or certified in the 8 State in which the facility is located, or, in the case of 9 a facility in a State that does not provide for such licen- 10 sure or certification, meets such criteria (such as accredi- 11 tation through an appropriate nationally recognized cer- 12 tification authority for acupuncturists) as the Secretary 13 may specify. In specifying such requirements, the Sec- 14 retary may use the same requirements as those established 15 by such a certification authority.’’. 16 (2) CLERICAL AMENDMENT.—The table of sec- 17 tions at the beginning of such chapter is amended 18 by inserting after the item relating to section 1074o 19 the following new item: 20 ‘‘1074p. Provision of acupuncturist services.’’. (b) TRICARE PROGRAM.—Section 1079(a) of title 21 10, United States Code, is amended— 22 (1) in paragraph (12), by inserting ‘‘or para- 23 graph (18)’’ after ‘‘except as authorized in para- 24 graph (4)’’; and 25 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1183 IH (2) by adding at the end the following new 1 paragraph: 2 ‘‘(18) Acupuncturist services may be provided 3 without the requirement of a referral if performed 4 by an acupuncturist who is licensed or certified in 5 the State in which the services are furnished, or, in 6 the case of services furnished in a State that does 7 not provide for such licensure or certification, meets 8 such criteria (such as accreditation through an ap- 9 propriate nationally recognized certification author- 10 ity for acupuncturists) as the Secretary may specify. 11 In specifying such requirements, the Secretary may 12 use the same requirements as those established by 13 such a certification authority.’’. 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall take effect on the date that is 180 days 16 after the date of the enactment of this Act. 17 SEC. 4. ACUPUNCTURE HEALTH SERVICES FOR TRICARE 18 PROGRAM BENEFICIARIES. 19 (a) PLAN REQUIRED.—Not later than 90 days after 20 the date of the enactment of this Act, the Secretary of 21 Defense shall develop a plan to provide qualified 22 acupuncturist services, as a permanent part of the 23 TRICARE program pursuant to the amendments made by 24 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1183 IH section 3, for covered beneficiaries (as defined in section 1 1072 of title 10, United States Code). 2 (b) CONTENTS OF PLAN.—The plan shall require 3 that a contract entered into under section 1097 of title 4 10, United States Code, for the delivery of health care 5 services shall— 6 (1) include the delivery of qualified acupunctur- 7 ist services; 8 (2) require that qualified acupuncturist services 9 may be provided only by a qualified acupuncturist; 10 and 11 (3) provide clarity on the process that a covered 12 beneficiary must use to select and have direct access 13 to a qualified acupuncturist (without the require- 14 ment of a referral). 15 (c) IMPLEMENTATION OF PLAN.—The plan developed 16 under subsection (a) shall provide for implementation of 17 the plan to begin not later than 270 days after the date 18 of enactment of this Act. 19 (d) SUBMISSION.—The Secretary shall submit to 20 Congress the plan developed under subsection (a). 21 SEC. 5. APPOINTMENT OF ACUPUNCTURISTS AS COMMIS- 22 SIONED OFFICERS IN THE ARMED FORCES. 23 (a) ARMY.—Section 7068 of title 10, United States 24 Code, is amended— 25 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1183 IH (1) by inserting ‘‘(a) MEDICAL SERVICE 1 CORPS.—’’ before ‘‘There is’’; 2 (2) in paragraph (5)— 3 (A) in subparagraph (D), by striking 4 ‘‘and’’; 5 (B) by redesignating subparagraph (E) as 6 subparagraph (F); and 7 (C) by inserting after subparagraph (D) 8 the following new subparagraph: 9 ‘‘(E) the Acupuncture Section; and’’; and 10 (3) by adding at the end the following new sub- 11 section: 12 ‘‘(b) APPOINTMENT OF ACUPUNCTURISTS.— 13 Acupuncturists who are qualified under regulations pre- 14 scribed by the Secretary of the Army may be appointed 15 as commissioned officers in the Acupuncture Section of 16 the Medical Service Corps of the Army. Such regulations 17 shall require such acupuncturists to be licensed or certified 18 in the State in which the services are furnished, or, in 19 the case of services furnished in a State that does not pro- 20 vide for such licensure or certification, meets such criteria 21 (such as accreditation through an appropriate nationally 22 recognized certification authority for acupuncturists) as 23 the Secretary of the Army may specify. In specifying such 24 requirements, the Secretary may use the same require- 25 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1183 IH ments as those established by such a certification author- 1 ity.’’. 2 (b) NAVY.— 3 (1) IN GENERAL.—Chapter 809 of such title is 4 amended by inserting after section 8079 the fol- 5 lowing new section: 6 ‘‘§ 8080. Appointment of acupuncturists in the Med- 7 ical Service Corps 8 ‘‘Acupuncturists who are qualified under regulations 9 prescribed by the Secretary of the Navy may be appointed 10 as commissioned officers in the Medical Service Corps of 11 the Navy. Such regulations shall require such 12 acupuncturists to be licensed or certified in the State in 13 which the services are furnished, or, in the case of services 14 furnished in a State that does not provide for such licen- 15 sure or certification, meets such criteria (such as accredi- 16 tation through an appropriate nationally recognized cer- 17 tification authority for acupuncturists) as the Secretary 18 of the Navy may specify. In specifying such requirements, 19 the Secretary may use the same requirements as those es- 20 tablished by such a certification authority.’’. 21 (2) CLERICAL AMENDMENT.—The table of sec- 22 tions at the beginning of such chapter is amended 23 by inserting after the item relating to section 8079 24 the following new item: 25 ‘‘8080. Appointment of acupuncturists in the Medical Service Corps.’’. VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1183 IH (c) AIR FORCE.—Section 9067(f) of such title is 1 amended— 2 (1) by striking ‘‘physician assistant functions 3 and chiropractic functions’’ and inserting ‘‘physician 4 assistant functions, chiropractic functions, and 5 acupuncturist functions’’; and 6 (2) by adding at the end the following new sen- 7 tence: ‘‘Biomedical service officers may be referred 8 to as the specific career designation, including chiro- 9 practic services officer and acupuncturist services of- 10 ficer.’’. 11 (d) REGULATIONS.—The regulations required to be 12 prescribed by the amendments made by this section shall 13 be prescribed not later than 120 days after the date of 14 the enactment of this Act. 15 SEC. 6. INCLUSION OF ACUPUNCTURIST SERVICES AT VET- 16 ERANS HEALTH FACILITIES. 17 (a) ACUPUNCTURIST SERVICES.— 18 (1) IN GENERAL.—Subchapter II of chapter 17 19 of title 38, United States Code, is amended by add- 20 ing at the end the following new section: 21 ‘‘§ 1720J. Provision of acupuncturist services 22 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 23 program to provide acupuncturist services to veterans en- 24 rolled in the health care system established under section 25 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1183 IH 1705(a) of this title (without the requirement of a refer- 1 ral). 2 ‘‘(b) LOCATIONS.—The program under subsection (a) 3 shall be carried out at in at least one facility of the De- 4 partment in each Veterans Integrated Service Network. In 5 selecting such facilities, the Secretary shall ensure that the 6 program is carried out in both urban and rural areas. 7 ‘‘(c) SERVICES AVAILABLE.—The Secretary shall en- 8 sure that the acupuncturist services available under the 9 program are able to address, at a minimum, the following: 10 ‘‘(1) Chronic and acute pain. 11 ‘‘(2) Cancer pain. 12 ‘‘(3) Postoperative nausea and vomiting. 13 ‘‘(4) Postsurgical gastroparesis syndrome. 14 ‘‘(5) Opioid-induced constipation. 15 ‘‘(6) Opioid-induced pruritus. 16 ‘‘(7) Chemotherapy-induced neuropathy. 17 ‘‘(8) Aromatase inhibitor-associated joint pain. 18 ‘‘(9) Neck dissection-related pain and dysfunc- 19 tion. 20 ‘‘(10) Stress management. 21 ‘‘(11) Mental health conditions. 22 ‘‘(12) Substance abuse. 23 ‘‘(13) Symptoms relating to traumatic brain in- 24 jury and post-traumatic stress. 25 VerDate Sep 11 2014 20:17 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 pbinns on DSK79D2C42PROD with BILLS 11 •HR 1183 IH ‘‘(d) ADMINISTRATION.—(1) The Secretary shall 1 carry out the program through— 2 ‘‘(A) qualified acupuncturists appointed as em- 3 ployees of the Department located at medical centers 4 and clinics of the Department; and 5 ‘‘(B) through contract qualified acupuncturists 6 if— 7 ‘‘(i) the Secretary is unable to make ap- 8 pointments described in subparagraph (A); 9 ‘‘(ii) a patient requires specialty care that 10 an employee under such subparagraph is not 11 able to provide to the patient; or 12 ‘‘(iii) there is an emergency t [Text truncated for display. 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