Protecting Access to Wheelchairs Act

Protecting Access to Wheelchairs Act

This bill excludes specified wheelchairs and associated accessories from Medicare's competitive acquisition program (in which rates are set through a competitive bidding program rather than by an established fee schedule).

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2293 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2293

  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.


_______________________________________________________________________


                    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 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.

    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 ``Protecting Access to Wheelchairs 
Act''.

SEC. 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.
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