[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3092 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3092
To amend title XVIII of the Social Security Act to provide for
additional requirements with respect to electrodiagnostic services
under the Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2025
Mr. Sessions (for himself, Mr. Weber of Texas, and Mr. Smucker)
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 provide for
additional requirements with respect to electrodiagnostic services
under the Medicare program.
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 ``Electrodiagnostic Medicine Patient
Protection and Fraud Elimination Act of 2025''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR ELECTRODIAGNOSTIC SERVICES.
Section 1834 of the Social Security Act (42 U.S.C. 1395m) is
amended by adding at the end the following new subsection:
``(aa) Payment for Electrodiagnostic Services.--
``(1) In general.--No payment may be made under this part
for electrodiagnostic services described in paragraph (2)
furnished on or after a date determined appropriate by the
Secretary that is not earlier than 3 years after the date of
the enactment of this subsection and not later than 4 years
after such date of enactment that are not furnished at a
qualified facility. The preceding sentence shall not apply with
respect to such services furnished for interoperative
neuromonitoring.
``(2) Electrodiagnostic services.--The services described
in this paragraph are the following:
``(A) Nerve conduction studies.
``(B) Needle electromyography tests.
``(3) Qualified facility.--In this subsection, the term
`qualified facility' means a facility accredited by an
organization specified by the Secretary pursuant to paragraph
(4).
``(4) Accreditation organizations.--
``(A) In general.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall specify accrediting organizations, in
consultation with the advisory committee described in
paragraph (5), for purposes determining whether a
facility is a qualified facility. The Secretary may
specify an organization pursuant to the preceding
sentence only if such organization requires, as a
condition of accreditation of a facility by such
organization, that such facility meet the requirements
described in subparagraph (B). In making such
specification, the Secretary shall--
``(i) ensure that the number of accrediting
organizations so specified is adequate to
facilitate the accreditation of facilities; and
``(ii) prioritize such specification of
accrediting organizations that are widely
recognized by both public and private entities
as having experience in the accreditation of
such facilities.
``(B) Facility requirements.--The requirements
described in this subparagraph are, with respect to a
facility and electrodiagnostic services furnished at
such facility, the following:
``(i) The facility establishes and
maintains a quality assurance and control
program to ensure the reliability, safety, and
accuracy of such service.
``(ii) The facility ensures that such
service is conducted using a device capable of
performing both nerve conduction studies that
record amplitude and latency and needle
electromyography tests capable of real-time
waveform display and analysis.
``(iii) In the case that such service is a
needle electromyography test, the facility
ensures that the individual furnishing such
test has completed not less than 3 months of
training in performing and interpreting
electrodiagnostic studies during a residency or
fellowship program accredited by the
Accreditation Council for Graduate Medical
Education or the Royal College of Physicians
and Surgeons of Canada, or by an individual
described in section 410.32(b)(2)(iv) of title
42, Code of Federal Regulations (or a successor
regulation).
``(iv) The facility ensures that the
results are interpreted on-site and at the time
of the procedure--
``(I) in the case of a needle
electromyography test, by the
individual who performed such test; and
``(II) in the case of a nerve
conduction study, by the individual who
performed or supervised such study.
``(v) Any other requirement determined
appropriate by the Secretary.
``(C) Regulations.--Not later than 1 year after the
date of the enactment of this subsection, the Secretary
shall finalize regulations that outline--
``(i) the process by which an accrediting
organization may be specified under
subparagraph (A);
``(ii) the duration and the minimum time
period between reviews for reaccreditation an
organization so specified must provide for with
respect to an accreditation of a facility made
by such organization;
``(iii) the process by which the Secretary
may withdraw approval of an accrediting
organization so specified if the Secretary
determines that such organization no longer
requires, as a condition of accreditation of a
facility by such organization, that such
facility meet the requirements described in
subparagraph (B); and
``(iv) the effect such a withdrawal will
have on facilities accredited by such
organization as of the date of such withdrawal.
``(5) Advisory committee.--
``(A) In general.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall establish an advisory committee to be known as
the `National Electrodiagnostic Services Advisory
Committee' (in this subsection referred to as the
`committee') for purposes of carrying out the duties
specified in subparagraph (B).
``(B) Duties.--The duties of the committee are the
following:
``(i) To provide to the Secretary
recommendations with respect to requirements
that may be determined appropriate by the
Secretary pursuant to paragraph (4)(B)(v),
including any proposed additions to such
requirements or modifications of such
requirements. In developing such
recommendations, the committee shall
prioritize--
``(I) reducing unnecessary
treatments and surgeries;
``(II) decreasing the need for
retesting of individuals;
``(III) enhancing the reliability
of diagnoses and promoting positive
health outcomes for individuals;
``(IV) addressing emerging waste,
fraud, and abuse schemes; and
``(V) otherwise improving the
quality of care for individuals.
``(ii) To provide to the Secretary
recommendations regarding the regulations
described in paragraph (4)(C).
``(iii) To provide to the Secretary
recommendations with respect to whether
accrediting organizations seeking to be
specified pursuant to paragraph (4)(A) should
be so specified.
``(C) Composition.--The committee shall be composed
of not fewer than 9 and not more than 11 individuals
selected by the Secretary. Such individuals shall not
be officers or employees of the Federal Government and
shall include--
``(i) at least one physician with
experience in furnishing electrodiagnostic
services described in paragraph (2) in a lab
accredited by an organization determined
appropriate by the Secretary;
``(ii) at least one physical therapist that
is certified in clinical electrophysiology by
an organization determined appropriate by the
Secretary;
``(iii) other health care practitioners;
``(iv) at least one patient representing an
affected community; and
``(v) other individuals determined
appropriate by the Secretary.
``(D) Meetings.--The committee shall convene not
less than twice each year.''.
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