[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2377 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2377

To amend title XVIII of the Social Security Act to improve coverage of 
 audiology services under the Medicare program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

  Ms. Warren (for herself, Mr. Paul, Mr. Grassley, Mrs. Shaheen, Ms. 
Sinema, Mr. Wicker, Mr. Brown, Mr. Welch, and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to improve coverage of 
 audiology services under the Medicare program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Audiology Access 
Improvement Act of 2023''.

SEC. 2. COVERAGE OF AUDIOLOGY SERVICES UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (II), by striking ``and'' at the end;
            (2) in subparagraph (JJ), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(KK) audiology services (as defined in subsection 
        (ll)(3));''.
    (b) Improved Access to Audiology Services.--Paragraph (3) of 
section 1861(ll) of the Social Security Act (42 U.S.C. 1395x(ll)) is 
amended to read as follows:
    ``(3) The term `audiology services' means such hearing and balance 
assessment services furnished on or before December 31, 2024, and 
beginning January 1, 2025, such diagnostic or treatment services 
furnished by a qualified audiologist which the qualified audiologist is 
legally authorized to perform under State law (or the regulatory 
mechanism provided by State law), as would otherwise be covered if 
furnished by a physician or as incident to a physician's service. A 
qualified audiologist shall be permitted to furnish such audiology 
services without regard to any requirement that the individual 
receiving such audiology services is under the care of (or referred by) 
a physician or other health care practitioner or that such services are 
furnished under the supervision of a physician or other health care 
practitioner.''.
    (c) Payment Amount and Coinsurance.--Section 1833(a)(1) of the 
Social Security Act (42 U.S.C. 1395l(a)(1)) is amended--
            (1) by striking ``and'' before (HH); and
            (2) by inserting the following before the semicolon: ``and 
        (II) with respect to audiology services furnished under section 
        1861(s)(2)(KK), the amounts paid shall be 80 percent of the 
        lesser of the actual charge for the services or the fee 
        schedule amount provided under section 1848''.
    (d) Payment on Assignment-Related Basis.--Section 1842(b)(18)(C) of 
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by 
adding at the end the following new clause:
                            ``(ix) A qualified audiologist (as defined 
                        in section 1861(ll)(4)(B)).''.
    (e) Inclusion of Qualified Audiologists as RHC and FQHC 
Practitioners.--Section 1861(aa)(1)(B) of the Social Security Act (42 
U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``by a qualified 
audiologist (as defined in subsection (ll)(4)(B)),'' after ``(as 
defined in subsection (hh)(1)),''.
    (f) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to expand the scope of audiologist services 
or services for which payment may be made to other providers under 
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) beyond 
those services for which such payment may be made as of December 31, 
2024.
    (g) Effective Date.--The amendments made by this section shall 
apply to items and services furnished on or after January 1, 2025.
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