S. 3607

119 S3607 IS: Access to Genetic Counselor Services Act of 2026
 U.S. Senate
 2026-01-08
 text/xml
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 II  119th CONGRESS  2d Session  S. 3607  IN THE SENATE OF THE UNITED STATES   January 8 (legislative day, January 7), 2026   Mr. Barrasso  (for himself,  Mr. Welch ,  Mrs. Capito , and  Ms. Rosen ) introduced the following bill; 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 program, and for other purposes.
1.
Short title
This Act may be cited as the   Access to Genetic Counselor Services Act of 2026  .
2.
Medicare coverage of genetic counseling services
(a)
In general
Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended—
(1)
in subsection (s)(2)—
(A)
by striking  and  at the end of subparagraph (II);
(B)
by adding  and  at the end of subparagraph (JJ); and
(C)
by adding at the end the following new subparagraph:
(KK)
covered genetic counseling services (as defined in subsection (nnn)(1));
  ; and
(2)
by adding at the end the following new subsection:
(nnn)
Covered Genetic Counseling Services
(1)
The term  covered genetic counseling services  means genetic counseling services furnished on or after January 1, 2027, by a genetic counselor (as defined in paragraph (2)) 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 (or the State regulatory mechanism provided by State law) as would otherwise be covered if furnished by a physician (or as incident to a physician’s service).
(2)
The term  genetic counselor  means an individual who—
(A)
is licensed as a genetic counselor by the State in which the individual furnishes genetic counseling services; or
(B)
in the case of an individual practicing in a State that does not license genetic counselors, is certified by the American Board of Genetic Counseling and meets such other criteria as the Secretary establishes.
 .
(b)
Balance billing
Section 1842(b)(18)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(18)(C) ) is amended by adding at the end the following new clause:
(ix)
A genetic counselor (as defined in section 1861(nnn)(2)).
 .
(c)
Payment
Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended—
(1)
by striking  and (HH)  and inserting  (HH) ; and
(2)
by inserting before the semicolon at the end the following:  , and (II) with respect to covered genetic counseling services (as defined in section 1861(nnn)(1)), the amount paid shall be equal to 80 percent of the lesser of (i) the actual charge for the services or (ii) 85 percent of the fee schedule amount provided under section 1848 that would have applied had the genetic counseling services been furnished by a physician .
(d)
Conforming amendment
Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395(y)(a)(14)) is amended by inserting  covered genetic counseling services,  after  qualified psychologist services, .
(e)
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 program.
(f)
Implementation
Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by interim final rule with comment period.