The William G. Barr Amputee Protection Act of 1999
Tony Barr
Description
Collection
Title:
The William G. Barr Amputee Protection Act of 1999
Creator:
Tony Barr
Text:
The Prosthetics and Orthotics Bill was filed on May 25, 1999 and is numbered
H.R. 1938. I am attaching a copy for your file.
Please feel free to contact me to provide support.
Tony Barr
HR 1938 IH
106th CONGRESS
1st Session
H. R. 1938
To amend title XVIII of the Social Security Act to require appropriate
training and certification for suppliers of certain listed
items of orthotics or prosthetics.
IN THE HOUSE OF REPRESENTATIVES
May 25, 1999
Mr. WEXLER introduced the following bill; which was referred to the
Committee on 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 require appropriate
training and certification for suppliers of certain listed
items of orthotics or prosthetics.
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 `William G. Barr Amputee Protection Act of
1999'.
SEC. 2. CERTIFICATION OF SUPPLIERS OF CERTAIN ITEMS OF ORTHOTICS AND
PROSTHETICS.
(a) IN GENERAL- Section 1834(h)(1) of the Social Security Act (42
U.S.C. 1395m(h)(1)) is amended by adding at
the end the following new subparagraph:
`(F) LIMITATION ON PAYMENT FOR LISTED ITEMS-
`(i) LIMITATION- Except as provided in clause (v), no
payment may be made under this
subsection for an item of orthotics and prosthetics that
is specified on a list established under clause
(ii) unless the individual (as defined in clause (vi))
furnishing such item has been certified under clause
(iv).
`(ii) ESTABLISHMENT AND PUBLICATION OF LIST- The
Secretary shall establish and
publish a list of items of orthotics and prosthetics
that the Secretary (in consultation with appropriate
experts in the field of orthotics and prosthetics)
determines that because of the custom design,
fabrication, and fitting of such an item, the individual
furnishing such item must meet minimum
education requirements in such design, fabrication, and
fitting.
`(iii) APPLICATION OF LIMITATION- The prohibition under
clause (i) shall apply to an item of
orthotics and prosthetics furnished on or after the date
that is the first day of the sixth month that
begins after the date on which the Secretary specifies
the item on the list under clause (ii).
`(iv) CERTIFICATION- An individual may be certified
under this clause as follows:
`(I) IN GENERAL- The Secretary shall establish a
process for the certification of the
individual by the Secretary, by the State in which
the individual practices, or by a qualified
third party certifier (as determined by the
Secretary) as having met, with respect to items
specified on the list under clause (ii), minimum
education requirements established by the
Secretary based on the criteria described in
subclause (II).
`(II) CRITERIA DESCRIBED- For purposes of subclause
(I), the regulations prescribed by
the Secretary, in the case of such an individual
who is orthotist or prosthetist, shall be based
upon the essentials and guidelines established by
the Committee on Allied Health Education
and Accreditation of the American Medical
Association with respect to education and training
programs, internship or residency experience, and
continuing education requirements, for the
custom design, fabrication, and fitting of such
items. In the case of such an individual who is a
pedorthist, such regulations shall be based upon
the essentials and guidelines established by
the Committee for Pedorthic Education Accreditation
with respect to education and training
programs, internship or residency experience, and
continuing education requirements, for the
custom design, fabrication, and fitting of such
items. In the case of an individual who is a fitter
of orthotics or prosthetics, such regulations shall
be based upon criteria established by the
Secretary (in conjunction with appropriate experts
in the field of orthotics) with respect to
education and training programs, internship or
residency experience, and continuing education
requirements, for the fitting of such items.
`(III) CERTIFICATION BY REASON OF EXPERIENCE-
Notwithstanding subclause (I),
in the case of a individual practicing in a State
which does not provide for such licensure or
certification, the individual may be certified
under this clause if the individual has completed at
least five years practice in the field of orthotics
or prosthetics and meets such other criteria as
the Secretary establishes.
`(v) RURAL SUPPLIERS EXCEPTED- The prohibition under
clause (i) shall not apply in the case
of a supplier of an item of orthotics and prosthetics
that serves, and is located in, an area outside a
Metropolitan Statistical Area or a New England County
Metropolitan Area.
`(vi) INDIVIDUAL DEFINED- For purposes of this
subparagraph, the term `individual' means a
supplier of orthotics and prosthetics who is a
practitioner of orthotics or prosthetics or, in the case of
a supplier who is not such a practitioner, such a
practitioner in the employ of the supplier on a full- or
part-time salary basis.'.
(b) DEADLINES-
(1) LIST OF ITEMS- Not later than six months after the date of the
enactment of this Act, the Secretary of
Health and Human Services shall publish in the Federal Register
the list of orthotic and prosthetic items described
in clause (ii) of section 1834(h)(1)(F) of the Social Security Act
(42 U.S.C. 1395m(h)(1)(F)), as added by
subsection (a).
(2) REGULATIONS- Not later than six months after the date of the
enactment of this Act, the Secretary shall
issue regulations to carry out the amendment made by subsection
(a). In order to carry out this requirement in a
timely manner, the Secretary may promulgate regulations that take
effect on an interim basis, after notice and
pending opportunity for public comment.
H.R. 1938. I am attaching a copy for your file.
Please feel free to contact me to provide support.
Tony Barr
HR 1938 IH
106th CONGRESS
1st Session
H. R. 1938
To amend title XVIII of the Social Security Act to require appropriate
training and certification for suppliers of certain listed
items of orthotics or prosthetics.
IN THE HOUSE OF REPRESENTATIVES
May 25, 1999
Mr. WEXLER introduced the following bill; which was referred to the
Committee on 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 require appropriate
training and certification for suppliers of certain listed
items of orthotics or prosthetics.
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 `William G. Barr Amputee Protection Act of
1999'.
SEC. 2. CERTIFICATION OF SUPPLIERS OF CERTAIN ITEMS OF ORTHOTICS AND
PROSTHETICS.
(a) IN GENERAL- Section 1834(h)(1) of the Social Security Act (42
U.S.C. 1395m(h)(1)) is amended by adding at
the end the following new subparagraph:
`(F) LIMITATION ON PAYMENT FOR LISTED ITEMS-
`(i) LIMITATION- Except as provided in clause (v), no
payment may be made under this
subsection for an item of orthotics and prosthetics that
is specified on a list established under clause
(ii) unless the individual (as defined in clause (vi))
furnishing such item has been certified under clause
(iv).
`(ii) ESTABLISHMENT AND PUBLICATION OF LIST- The
Secretary shall establish and
publish a list of items of orthotics and prosthetics
that the Secretary (in consultation with appropriate
experts in the field of orthotics and prosthetics)
determines that because of the custom design,
fabrication, and fitting of such an item, the individual
furnishing such item must meet minimum
education requirements in such design, fabrication, and
fitting.
`(iii) APPLICATION OF LIMITATION- The prohibition under
clause (i) shall apply to an item of
orthotics and prosthetics furnished on or after the date
that is the first day of the sixth month that
begins after the date on which the Secretary specifies
the item on the list under clause (ii).
`(iv) CERTIFICATION- An individual may be certified
under this clause as follows:
`(I) IN GENERAL- The Secretary shall establish a
process for the certification of the
individual by the Secretary, by the State in which
the individual practices, or by a qualified
third party certifier (as determined by the
Secretary) as having met, with respect to items
specified on the list under clause (ii), minimum
education requirements established by the
Secretary based on the criteria described in
subclause (II).
`(II) CRITERIA DESCRIBED- For purposes of subclause
(I), the regulations prescribed by
the Secretary, in the case of such an individual
who is orthotist or prosthetist, shall be based
upon the essentials and guidelines established by
the Committee on Allied Health Education
and Accreditation of the American Medical
Association with respect to education and training
programs, internship or residency experience, and
continuing education requirements, for the
custom design, fabrication, and fitting of such
items. In the case of such an individual who is a
pedorthist, such regulations shall be based upon
the essentials and guidelines established by
the Committee for Pedorthic Education Accreditation
with respect to education and training
programs, internship or residency experience, and
continuing education requirements, for the
custom design, fabrication, and fitting of such
items. In the case of an individual who is a fitter
of orthotics or prosthetics, such regulations shall
be based upon criteria established by the
Secretary (in conjunction with appropriate experts
in the field of orthotics) with respect to
education and training programs, internship or
residency experience, and continuing education
requirements, for the fitting of such items.
`(III) CERTIFICATION BY REASON OF EXPERIENCE-
Notwithstanding subclause (I),
in the case of a individual practicing in a State
which does not provide for such licensure or
certification, the individual may be certified
under this clause if the individual has completed at
least five years practice in the field of orthotics
or prosthetics and meets such other criteria as
the Secretary establishes.
`(v) RURAL SUPPLIERS EXCEPTED- The prohibition under
clause (i) shall not apply in the case
of a supplier of an item of orthotics and prosthetics
that serves, and is located in, an area outside a
Metropolitan Statistical Area or a New England County
Metropolitan Area.
`(vi) INDIVIDUAL DEFINED- For purposes of this
subparagraph, the term `individual' means a
supplier of orthotics and prosthetics who is a
practitioner of orthotics or prosthetics or, in the case of
a supplier who is not such a practitioner, such a
practitioner in the employ of the supplier on a full- or
part-time salary basis.'.
(b) DEADLINES-
(1) LIST OF ITEMS- Not later than six months after the date of the
enactment of this Act, the Secretary of
Health and Human Services shall publish in the Federal Register
the list of orthotic and prosthetic items described
in clause (ii) of section 1834(h)(1)(F) of the Social Security Act
(42 U.S.C. 1395m(h)(1)(F)), as added by
subsection (a).
(2) REGULATIONS- Not later than six months after the date of the
enactment of this Act, the Secretary shall
issue regulations to carry out the amendment made by subsection
(a). In order to carry out this requirement in a
timely manner, the Secretary may promulgate regulations that take
effect on an interim basis, after notice and
pending opportunity for public comment.
Citation
Tony Barr, “The William G. Barr Amputee Protection Act of 1999,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 24, 2024, https://library.drfop.org/items/show/211681.
