H. R. 941
IN THE HOUSE OF REPRESENTATIVES
March 8, 2011
Mr. Ross of Arkansas introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee 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
To amend title XVIII of the Social Security Act to provide for Medicare coverage of services of qualified respiratory therapists performed under the general supervision of a physician.
This Act may be cited as the
Medicare Respiratory Therapy
Initiative Act of 2011.
Medicare coverage of services of qualified respiratory therapists performed under the general supervision of a physician
Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—
in subsection (s)(2)—
and at the end of subparagraph (EE);
and at the end of subparagraph (FF); and
by adding at the end the following new subparagraph:
respiratory therapy services which would be physicians’ services if furnished by a physician (as defined in subsection (r)(1)) for the diagnosis and treatment of respiratory illnesses and which are performed by a respiratory therapist (as defined in subsection (iii)) under the general supervision of a physician and which the respiratory therapist is legally authorized to perform by the State in which the services are performed, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services.
by adding at the end the following new subsection:
For purposes of subsection (s)(2)(GG) and section 1833(a)(1)(AA) only, the term ‘respiratory therapist’ means an individual who—
is credentialed by a national credentialing board recognized by the Secretary;
is licensed to practice respiratory therapy in the State in which the respiratory therapy services are performed, or
in the case of an individual in a State which does not provide for such licensure, is legally authorized to perform respiratory therapy services (in the State in which the individual performed such services) under State law (or the State regulatory mechanism provided by State law);
is a registered respiratory therapist; and
holds a bachelor’s degree.
Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended—
before the semicolon at the end the following:
and (AA) with respect to
services described in section 1861(s)(2)(GG) (relating to services furnished by
a respiratory therapist) that are furnished by a respiratory therapist (as
defined in section 1861(iii)), the amount paid shall be equal to 80 percent of
the lesser of the actual charge for the services or 85 percent of the fee
schedule amount provided under section 1848 for the same services if furnished
by a physician.
The amendments made by this section shall apply to services furnished on or after January 1, 2012.