Protecting Access to Wheelchairs Act

I 116TH CONGRESS 1ST SESSION H. R. 2293 To amend title XVIII of the Social Security Act to exclude complex rehabilita- tive manual wheelchairs from the Medicare competitive acquisition pro- gram, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 12, 2019 Mr. LARSON of Connecticut (for himself, Mr. ZELDIN, Ms. STEFANIK, Mr. FITZPATRICK, Mr. HIGGINS of New York, Mr. TONKO, Mr. KELLY of Pennsylvania, Mr. EMMER, Mr. RUSH, Ms. CLARKE of New York, Mr. LANGEVIN, Mr. SWALWELL of California, Ms. JAYAPAL, Mr. SIRES, Mr. CONNOLLY, Mr. RUPPERSBERGER, Mr. DEFAZIO, Mr. MEEKS, Mr. LOEBSACK, Mr. KING of New York, Mr. ESPAILLAT, Ms. BONAMICI, and Miss RICE of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittee 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 exclude complex rehabilitative manual wheelchairs from the Medi- care competitive acquisition program, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:25 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2293.IH H2293 kjohnson on DSK79L0C42 with BILLS 2 •HR 2293 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Protecting Access to 2 Wheelchairs Act’’. 3 SEC. 2. EXCLUSION OF COMPLEX REHABILITATIVE MAN- 4 UAL WHEELCHAIRS FROM MEDICARE COM- 5 PETITIVE ACQUISITION PROGRAM; NON-AP- 6 PLICATION OF MEDICARE FEE-SCHEDULE 7 ADJUSTMENTS FOR CERTAIN WHEELCHAIR 8 ACCESSORIES AND CUSHIONS. 9 (a) EXCLUSION OF COMPLEX REHABILITATIVE MAN- 10 UAL WHEELCHAIRS FROM COMPETITIVE ACQUISITION 11 PROGRAM.—Section 1847(a)(2)(A) of the Social Security 12 Act (42 U.S.C. 1395w–3(a)(2)(A)) is amended— 13 (1) by inserting ‘‘, complex rehabilitative man- 14 ual wheelchairs (as determined by the Secretary), 15 and certain manual wheelchairs (identified, as of Oc- 16 tober 1, 2018, by HCPCS codes E1235, E1236, 17 E1237, E1238, and K0008 or any successor to such 18 codes)’’ after ‘‘group 3 or higher’’; and 19 (2) by striking ‘‘such wheelchairs’’ and insert- 20 ing ‘‘such complex rehabilitative power wheelchairs, 21 complex rehabilitative manual wheelchairs, and cer- 22 tain manual wheelchairs’’. 23 (b) NON-APPLICATION OF MEDICARE FEE SCHED- 24 ULE ADJUSTMENTS FOR WHEELCHAIR ACCESSORIES AND 25 SEAT AND BACK CUSHIONS WHEN FURNISHED IN CON- 26 VerDate Sep 11 2014 01:25 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2293.IH H2293 kjohnson on DSK79L0C42 with BILLS 3 •HR 2293 IH NECTION WITH COMPLEX REHABILITATIVE MANUAL 1 WHEELCHAIRS.— 2 (1) IN GENERAL.—Notwithstanding any other 3 provision of law, the Secretary of Health and 4 Human Services shall not, during the period begin- 5 ning on July 1, 2019, and ending on December 31, 6 2020, use information on the payment determined 7 under the competitive acquisition programs under 8 section 1847 of the Social Security Act (42 U.S.C. 9 1395w–3) to adjust the payment amount that would 10 otherwise be recognized under section 11 1834(a)(1)(B)(ii) of such Act (42 U.S.C. 12 1395m(a)(1)(B)(ii)) for wheelchair accessories (in- 13 cluding seating systems) and seat and back cushions 14 when furnished in connection with complex rehabili- 15 tative manual wheelchairs (as determined by the 16 Secretary), and certain manual wheelchairs (identi- 17 fied, as of October 1, 2018, by HCPCS codes 18 E1235, E1236, E1237, E1238, and K0008 or any 19 successor to such codes). 20 (2) IMPLEMENTATION.—Notwithstanding any 21 other provision of law, the Secretary may implement 22 this subsection by program instruction or otherwise. 23 Æ VerDate Sep 11 2014 01:25 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2293.IH H2293 kjohnson on DSK79L0C42 with BILLS