119-hr3092

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3092 Introduced in House

    (IH) ]

<DOC>

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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