12 2 STA T . 2 5 52 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8‘ ‘ (A)furnishedtoa n indi v idua lw ith sta g e IVc hronic k idne y disease who , according to acce p ted clinical guidelines identified b y the S ecretary, will re q uire dialysis or a kidney transplant
‘‘( B ) furnished, upon the referral of the physician m anaging the individual ’ s kidney condition, by a qualified person (as defined in paragraph ( 2 )); and ‘‘( C ) designed — ‘‘(i) to provide comprehensive information (consistent with the standards set under paragraph ( 3 )) regarding— ‘‘(I) the management of comorbidities, including for purposes of delaying the need for dialysis; ‘‘(II) the prevention of uremic complications; and ‘‘(III) each option for renal replacement therapy (including hemodialysis and peritoneal dialysis at home and in - center as well as vascular access options and transplantation); ‘‘(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy; and ‘‘(iii) to be tailored to meet the needs of the individual involved . ‘‘(2)(A) T he term ‘qualified person’ means— ‘‘(i) a physician (as defined in section 186 1(r)(1)) or a physi- cian assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)( 5 )), who furnishes services for which payment may be made under the fee schedule established under section 18 4 8; and ‘‘(ii) a provider of services located in a rural area (as defined in section 1886(d)(2)( D )). ‘‘(B) Such term does not include a provider of services (other than a provider of services described in subparagraph (A)(ii)) or a renal dialysis facility. ‘‘(3) The Secretary shall set standards for the content of such information to be provided under paragraph (1)(C)(i) after con- sulting with physicians, other health professionals, health edu- cators, professional organi z ations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledge- able persons. To the e x tent possible the Secretary shall consult with persons or entities described in the previous sentence, other than a dialysis facility, that has not received industry funding from a drug or biological manufacturer or dialysis facility. ‘‘(4) N o individual shall be furnished more than 6 sessions of kidney disease education services under this title.’’. (C) PAYMENTU N D E R T H E P HY SIC IAN F EE SCHEDU L E.— Section 1848( j )(3) of the Social Security Act (42 U .S.C. 13 9 5w – 4(j)(3)), as amended by section 144(b), is amended by inserting ‘‘(2)( E E),’’ after ‘‘(2)(DD),’’. (D) L IMITATI O NONNUM B ER OF SESSIONS.—Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended— (i) in subparagraph ( M ), by striking ‘‘and’’ at the end; (ii) in subparagraph (N), by striking the semicolon at the end and inserting ‘‘, and’’; and (iii) by adding at the end the following new subparagraph
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