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H.R. 2293 (116th): Protecting Access to Wheelchairs Act


The text of the bill below is as of Apr 12, 2019 (Introduced). The bill was not enacted into law.


I

116th CONGRESS

1st Session

H. R. 2293

IN THE HOUSE OF REPRESENTATIVES

April 12, 2019

(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 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

A BILL

To amend title XVIII of the Social Security Act to exclude complex rehabilitative manual wheelchairs from the Medicare competitive acquisition program, and for other purposes.

1.

Short title

This Act may be cited as the Protecting Access to Wheelchairs Act.

2.

Exclusion of complex rehabilitative manual wheelchairs from Medicare competitive acquisition program; Non-application of Medicare fee-schedule adjustments for certain wheelchair accessories and cushions

(a)

Exclusion of complex rehabilitative manual wheelchairs from competitive acquisition program

Section 1847(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w–3(a)(2)(A)) is amended—

(1)

by inserting , complex rehabilitative manual wheelchairs (as determined by the Secretary), and certain manual wheelchairs (identified, as of October 1, 2018, by HCPCS codes E1235, E1236, E1237, E1238, and K0008 or any successor to such codes) after group 3 or higher; and

(2)

by striking such wheelchairs and inserting such complex rehabilitative power wheelchairs, complex rehabilitative manual wheelchairs, and certain manual wheelchairs.

(b)

Non-Application of Medicare fee schedule adjustments for wheelchair accessories and seat and back cushions when furnished in connection with complex rehabilitative manual wheelchairs

(1)

In general

Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, during the period beginning on July 1, 2019, and ending on December 31, 2020, use information on the payment determined under the competitive acquisition programs under section 1847 of the Social Security Act (42 U.S.C. 1395w–3) to adjust the payment amount that would otherwise be recognized under section 1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii)) for wheelchair accessories (including seating systems) and seat and back cushions when furnished in connection with complex rehabilitative manual wheelchairs (as determined by the Secretary), and certain manual wheelchairs (identified, as of October 1, 2018, by HCPCS codes E1235, E1236, E1237, E1238, and K0008 or any successor to such codes).

(2)

Implementation

Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.