text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Treat and Reduce Obesity Act of 
  2017''.
  
  SEC. 2. FINDINGS.
  
      Congress makes the following findings:
              (1) According to the Centers for Disease Control, about 34 
          percent of adults aged 65 and over were obese in the period of 
          2009 through 2012, representing almost 15 million people.
              (2) Obesity increases the risk for chronic diseases and 
          conditions, including high blood pressure, heart disease, 
          certain cancers, arthritis, mental illness, lipid disorders, 
          sleep apnea, and type 2 diabetes.
              (3) More than half of Medicare beneficiaries are treated 
          for 5 or more chronic conditions per year. The rate of obesity 
          among Medicare patients doubled from 1987 to 2002, and Medicare 
          spending on obese individuals during that time more than 
          doubled.
              (4) Men and women with obesity at age 65 have decreased 
          life expectancy of 1.6 years for men and 1.4 years for women.
              (5) The direct and indirect cost of obesity is more than 
          $450 billion annually.
              (6) On average, a Medicare beneficiary with obesity costs 
          $1,964 more than a normal-weight beneficiary.
              (7) The prevalence of obesity among older individuals in 
          the United States is growing at a linear rate and, if nothing 
          changes, nearly half of the elderly population of the United 
          States will have obesity in 2030 according to a Congressional 
          Research Report on obesity.
  
  SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH 
                INTENSIVE BEHAVIORAL THERAPY.
  
      Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) 
  is amended by adding at the end the following new paragraph:
              ``(4)(A) Subject to subparagraph (B), the Secretary may, in 
          addition to qualified primary care physicians and other primary 
          care practitioners, cover intensive behavioral therapy for 
          obesity furnished by any of the following:
                      ``(i) A physician (as defined in subsection (r)(1)) 
                  who is not a qualified primary care physician.
                      ``(ii) Any other appropriate health care provider 
                  (including a physician assistant, nurse practitioner, 
                  or clinical nurse specialist (as those terms are 
                  defined in subsection (aa)(5)), a clinical 
                  psychologist, a registered dietitian or nutrition 
                  professional (as defined in subsection (vv))).
                      ``(iii) An evidence-based, community-based 
                  lifestyle counseling program approved by the Secretary.
              ``(B) In the case of intensive behavioral therapy for 
          obesity furnished by a provider described in clause (ii) or 
          (iii) of subparagraph (A), the Secretary may only cover such 
          therapy if such therapy is furnished--
                      ``(i) upon referral from, and in coordination with, 
                  a physician or primary care practitioner operating in a 
                  primary care setting or any other setting specified by 
                  the Secretary; and
                      ``(ii) in an office setting, a hospital out-patient 
                  department, a community-based site that complies with 
                  the Federal regulations concerning the privacy of 
                  individually identifiable health information 
                  promulgated under section 264(c) of the Health 
                  Insurance Portability and Accountability Act of 1996, 
                  or another setting specified by the Secretary.
              ``(C) In order to ensure a collaborative effort, the 
          coordination described in subparagraph (B)(i) shall include the 
          health care provider or lifestyle counseling program 
          communicating to the referring physician or primary care 
          practitioner any recommendations or treatment plans made 
          regarding the therapy.''.
  
  SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDICATION.
  
      (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security 
  Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended, in the first sentence--
              (1) by striking ``and other than'' and inserting ``other 
          than''; and
              (2) by inserting after ``benzodiazepines),'' the following: 
          ``and other than subparagraph (A) of such section if the drug 
          is used for the treatment of obesity (as defined in section 
          1861(yy)(2)(C)) or for weight loss management for an individual 
          who is overweight (as defined in section 1861(yy)(2)(F)(i)) and 
          has one or more related comorbidities,''.
      (b) Effective Date.--The amendments made by subsection (a) shall 
  apply to plan years beginning on or after the date that is 2 years 
  after the date of the enactment of this Act.
  
  SEC. 5. REPORT TO CONGRESS.
  
      Not later than the date that is 1 year after the date of the 
  enactment of this Act, and every 2 years thereafter, the Secretary of 
  Health and Human Services shall submit a report to Congress describing 
  the steps the Secretary has taken to implement the provisions of, and 
  amendments made by, this Act. Such report shall also include 
  recommendations for better coordination and leveraging of programs 
  within the Department of Health and Human Services and other Federal 
  agencies that relate in any way to supporting appropriate research and 
  clinical care (such as any interactions between physicians and other 
  health care providers and their patients) to treat, reduce, and prevent 
  obesity in the adult population.
target: Treat and Reduce Obesity Act of 2017 This bill allows coverage, under Medicare, of intensive behavioral therapy for obesity furnished by providers other than primary care physicians and practitioners. Additionally, it allows coverage under Medicare's prescription drug benefit of drugs used for the treatment of obesity or for weight loss management for individuals who are overweight.
feat_title: Treat and Reduce Obesity Act of 2017