,,ii  #aaith ,,congress  #b;d ,session  
,s4 #cfjg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #h    
7legislative day1 ,january #g71         
#bjbf,mr4 ,barrasso 7for himself1 ,mr4  
,welch1 ,mrs4 ,capito1 and ,ms4 ,rosen7 
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,finance  ,a ,,bill  ,to  
amend title ,,xviii of the ,social      
,security ,act to provide for expanded  
coverage of services furnished by       
genetic counselors under part ,b of the 
,medicare program1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,access to ,genetic 
,counselor ,services ,act of #bjbf4  #b4
 ,medicare coverage of genetic          
counseling services  7a7 ,in general    
,section #ahfa of the ,social ,security 
,act 7#db ,u4,s4,c4 #aciex7 is amended--
 7#a7 in subsection 7s77#b7-- 7,a7 by   
striking and at the end of subparagraph 
7,,ii72  7,b7 by adding and at the end  
of subparagraph 7,,jj72 and  7,c7 by    

adding at the end the following new     
subparagraph3  7,,kk7 covered genetic   
counseling services 7as defined in      
subsection 7nnn77#a772  2 and  7#b7 by  
adding at the end the following new     
subsection3  7nnn7 ,covered ,genetic    
,counseling ,services  7#a7 ,the term   
covered genetic counseling services     
means genetic counseling services       
furnished on or after ,january #a1      
#bjbg1 by a genetic counselor 7as       
defined in paragraph 7#b77 and such     
services and supplies furnished as an   
incident to the provision of such       
services which the genetic counselor is 
legally authorized to perform under     
,state law 7or the ,state regulatory    
mechanism provided by ,state law7 as    
would otherwise be covered if furnished 
by a physician 7or as incident to a     
physician's service74  7#b7 ,the term   
genetic counselor means an individual   
who-- 7,a7 is licensed as a genetic     
counselor by the ,state in which the    
individual furnishes genetic counseling 

services2 or  7,b7 in the case of an    
individual practicing in a ,state that  
does not license genetic counselors1 is 
certified by the ,american ,board of    
,genetic ,counseling and meets such     
other criteria as the ,secretary        
establishes4  4  7b7 ,balance billing   
,section #ahdb7;b77#ah77;,c7 of the     
,social ,security ,act 7#db ,u4,s4,c4   
#acieu7b77#ah77;,c77 is amended by      
adding at the end the following new     
clause3  7ix7 ,a genetic counselor 7as  
defined in section #ahfa7nnn77#b774  4  
7c7 ,payment ,section #ahcc7;a77#a7 of  
the ,social ,security ,act 7#db         
,u4,s4,c4 #aciel7a77#a77 is amended--   
7#a7 by striking and 7,,hh7 and         
inserting 7,,hh72 and  7#b7 by inserting
 before the semicolon at the end the    
following3 1 and 7,,ii7 with respect to 
covered genetic counseling services 7as 
defined in section #ahfa7nnn77#a771 the 
amount paid shall be equal to #hj       
percent of the lesser of 7i7 the actual 
charge for the services or 7ii7 #he     

percent of the fee schedule amount      
provided under section #ahdh that would 
have applied had the genetic counseling 
services been furnished by a physician4 
7d7 ,conforming amendment ,section      
#ahfb7;a77#ad7 of the ,social ,security 
,act 7#db ,u4,s4,c4 #acie7y77a77#ad77 is
 amended by inserting covered genetic   
counseling services1 after qualified    
psychologist services14  7e7 ,rule of   
construction ,the amendments made by    
this section shall not be construed as  
preventing physicians and health care   
providers other than genetic counselors 
from billing for genetic counseling     
services under the ,medicare program    
which are otherwise covered under such  
program4  7f7 ,implementation           
,notwithstanding any other provision of 
law1 the ,secretary of ,health and      
,human ,services may implement the      
amendments made by this section by      
interim final rule with comment period4