I
119THCONGRESS
1
STSESSION H. R. 3092
To amend title XVIII of the Social Security Act to provide for additional
requirements with respect to electrodiagnostic services under the Medi-
care program.
IN THE HOUSE OF REPRESENTATIVES
APRIL30, 2025
Mr. S
ESSIONS(for himself, Mr. WEBERof Texas, and Mr. SMUCKER) intro-
duced 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Electrodiagnostic Med-4
icine Patient Protection and Fraud Elimination Act of 5
2025’’. 6
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SEC. 2. ADDITIONAL REQUIREMENTS FOR 1
ELECTRODIAGNOSTIC SERVICES. 2
Section 1834 of the Social Security Act (42 U.S.C. 3
1395m) is amended by adding at the end the following 4
new subsection: 5
‘‘(aa) P
AYMENT FOR ELECTRODIAGNOSTIC SERV-6
ICES.— 7
‘‘(1) I
N GENERAL.—No payment may be made 8
under this part for electrodiagnostic services de-9
scribed in paragraph (2) furnished on or after a date 10
determined appropriate by the Secretary that is not 11
earlier than 3 years after the date of the enactment 12
of this subsection and not later than 4 years after 13
such date of enactment that are not furnished at a 14
qualified facility. The preceding sentence shall not 15
apply with respect to such services furnished for 16
interoperative neuromonitoring. 17
‘‘(2) E
LECTRODIAGNOSTIC SERVICES .—The 18
services described in this paragraph are the fol-19
lowing: 20
‘‘(A) Nerve conduction studies. 21
‘‘(B) Needle electromyography tests. 22
‘‘(3) Q
UALIFIED FACILITY.—In this subsection, 23
the term ‘qualified facility’ means a facility accred-24
ited by an organization specified by the Secretary 25
pursuant to paragraph (4). 26
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‘‘(4) ACCREDITATION ORGANIZATIONS .— 1
‘‘(A) I
N GENERAL.—Not later than 2 years 2
after the date of the enactment of this sub-3
section, the Secretary shall specify accrediting 4
organizations, in consultation with the advisory 5
committee described in paragraph (5), for pur-6
poses determining whether a facility is a quali-7
fied facility. The Secretary may specify an orga-8
nization pursuant to the preceding sentence 9
only if such organization requires, as a condi-10
tion of accreditation of a facility by such orga-11
nization, that such facility meet the require-12
ments described in subparagraph (B). In mak-13
ing such specification, the Secretary shall— 14
‘‘(i) ensure that the number of accred-15
iting organizations so specified is adequate 16
to facilitate the accreditation of facilities; 17
and 18
‘‘(ii) prioritize such specification of 19
accrediting organizations that are widely 20
recognized by both public and private enti-21
ties as having experience in the accredita-22
tion of such facilities. 23
‘‘(B) F
ACILITY REQUIREMENTS .—The re-24
quirements described in this subparagraph are, 25
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with respect to a facility and electrodiagnostic 1
services furnished at such facility, the following: 2
‘‘(i) The facility establishes and main-3
tains a quality assurance and control pro-4
gram to ensure the reliability, safety, and 5
accuracy of such service. 6
‘‘(ii) The facility ensures that such 7
service is conducted using a device capable 8
of performing both nerve conduction stud-9
ies that record amplitude and latency and 10
needle electromyography tests capable of 11
real-time waveform display and analysis. 12
‘‘(iii) In the case that such service is 13
a needle electromyography test, the facility 14
ensures that the individual furnishing such 15
test has completed not less than 3 months 16
of training in performing and interpreting 17
electrodiagnostic studies during a residency 18
or fellowship program accredited by the 19
Accreditation Council for Graduate Med-20
ical Education or the Royal College of 21
Physicians and Surgeons of Canada, or by 22
an individual described in section 23
410.32(b)(2)(iv) of title 42, Code of Fed-24
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eral Regulations (or a successor regula-1
tion). 2
‘‘(iv) The facility ensures that the re-3
sults are interpreted on-site and at the 4
time of the procedure— 5
‘‘(I) in the case of a needle 6
electromyography test, by the indi-7
vidual who performed such test; and 8
‘‘(II) in the case of a nerve con-9
duction study, by the individual who 10
performed or supervised such study. 11
‘‘(v) Any other requirement deter-12
mined appropriate by the Secretary. 13
‘‘(C) R
EGULATIONS.—Not later than 1 14
year after the date of the enactment of this 15
subsection, the Secretary shall finalize regula-16
tions that outline— 17
‘‘(i) the process by which an accred-18
iting organization may be specified under 19
subparagraph (A); 20
‘‘(ii) the duration and the minimum 21
time period between reviews for reaccredi-22
tation an organization so specified must 23
provide for with respect to an accreditation 24
of a facility made by such organization; 25
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‘‘(iii) the process by which the Sec-1
retary may withdraw approval of an ac-2
crediting organization so specified if the 3
Secretary determines that such organiza-4
tion no longer requires, as a condition of 5
accreditation of a facility by such organiza-6
tion, that such facility meet the require-7
ments described in subparagraph (B); and 8
‘‘(iv) the effect such a withdrawal will 9
have on facilities accredited by such orga-10
nization as of the date of such withdrawal. 11
‘‘(5) A
DVISORY COMMITTEE.— 12
‘‘(A) I
N GENERAL.—Not later than 2 years 13
after the date of the enactment of this sub-14
section, the Secretary shall establish an advi-15
sory committee to be known as the ‘National 16
Electrodiagnostic Services Advisory Committee’ 17
(in this subsection referred to as the ‘com-18
mittee’) for purposes of carrying out the duties 19
specified in subparagraph (B). 20
‘‘(B) D
UTIES.—The duties of the com-21
mittee are the following: 22
‘‘(i) To provide to the Secretary rec-23
ommendations with respect to require-24
ments that may be determined appropriate 25
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by the Secretary pursuant to paragraph 1
(4)(B)(v), including any proposed additions 2
to such requirements or modifications of 3
such requirements. In developing such rec-4
ommendations, the committee shall 5
prioritize— 6
‘‘(I) reducing unnecessary treat-7
ments and surgeries; 8
‘‘(II) decreasing the need for re-9
testing of individuals; 10
‘‘(III) enhancing the reliability of 11
diagnoses and promoting positive 12
health outcomes for individuals; 13
‘‘(IV) addressing emerging waste, 14
fraud, and abuse schemes; and 15
‘‘(V) otherwise improving the 16
quality of care for individuals. 17
‘‘(ii) To provide to the Secretary rec-18
ommendations regarding the regulations 19
described in paragraph (4)(C). 20
‘‘(iii) To provide to the Secretary rec-21
ommendations with respect to whether ac-22
crediting organizations seeking to be speci-23
fied pursuant to paragraph (4)(A) should 24
be so specified. 25
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‘‘(C) COMPOSITION.—The committee shall 1
be composed of not fewer than 9 and not more 2
than 11 individuals selected by the Secretary. 3
Such individuals shall not be officers or employ-4
ees of the Federal Government and shall in-5
clude— 6
‘‘(i) at least one physician with experi-7
ence in furnishing electrodiagnostic serv-8
ices described in paragraph (2) in a lab ac-9
credited by an organization determined ap-10
propriate by the Secretary; 11
‘‘(ii) at least one physical therapist 12
that is certified in clinical electrophysiology 13
by an organization determined appropriate 14
by the Secretary; 15
‘‘(iii) other health care practitioners; 16
‘‘(iv) at least one patient representing 17
an affected community; and 18
‘‘(v) other individuals determined ap-19
propriate by the Secretary. 20
‘‘(D) M
EETINGS.—The committee shall 21
convene not less than twice each year.’’. 22
Æ
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