Public Policy and Advocacy

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ASPEN seeks an environment where every patient receives safe, efficacious, high-quality nutrition care. We focus on high-priority clinical nutrition issues, including advocacy for nutrition-related legislation, collaboration with coalitions and other like-minded organizations, and engagement with Congress, the Executive branch (NIH, regulatory agencies, CMS), public/private groups, and others.

The objectives of the ASPEN Public Policy and Advocacy Program are to:

  • Improve the quality and safety of all patients/consumers receiving nutrition support
  • Advocate for fair reimbursement to ensure that beneficiaries of government funded health programs receive the highest quality nutrition support care
  • Sponsor the concept of a fair marketplace that does not jeopardize the provision of safe and quality nutrition support
  • Advocate for and support initiatives to better define, diagnose, and treat disease related malnutrition

Call to Action: Priority Issues

118th Congress (Current Congress)

Safe Step Act, S.652/H.R.2630
The purpose of this legislation is to improve step therapy protocols and ensure patients are able to safely and efficiently access the best treatment for them. The bill requires a group health plan to establish an exception to medication step-therapy protocol in specified cases. The bill also requires a group health plan to implement and make readily available a clear process for an individual to request an exception to the protocol, including required information and criteria for granting an exception. The bill further specifies timelines under which plans must respond to such requests. More information about the Safe Step Act can be found here.

Preserving Patient Access to Home Infusion Act  S.1976/H.R.4104
This bipartisan, bicameral legislation will ensure Medicare patients maintain access to home infusion therapies that require the use of an infusion pump. The Preserving Patient Access to Home Infusion Act provides technical clarifications that removes the physical presence requirement from Medicare’s current home infusion therapy benefit, ensuring payment regardless of whether a health care professional is present in the patient’s home. The legislation also acknowledges the full scope of professional services delivered by home infusion clinicians, including essential pharmacist services. The act also permits nurse practitioners and physician assistants to establish and review a home infusion plan of care, in addition to a physician. 

Medical Nutrition Therapy (MNT) Act of 2023, S.3297/H.R.6407
This companion bill expands Medicare coverage of medical nutrition therapy (MNT) services. Currently, Medicare covers MNT only for individuals with diagnosed diabetes or kidney disease and post-kidney transplant and requires a physician referral. The bill extends coverage to individuals with other diseases and conditions, including malnutrition, prediabetes, obesity, eating disorders, cancer, renal diseases,  HIV, AIDS, hypertension, dyslipidemia, gastrointestinal diseases, cardiovascular disease, and other conditions causing unintended weight loss, services for which the Secretary determines the services to be medically necessary and appropriate for the prevention, management, or treatment of such disease or condition, consistent with any applicable recommendations of the United States Preventive Services Task Force; or services for which the Secretary determines the services are medically necessary, consistent either with protocols established by registered dietitian or nutrition professional organizations or with accepted clinical guidelines identified by the Secretary. In addition to physicians, this legislation allows nurse practitioners, physician assistants, clinical nurse specialists, and psychologists to refer patients for MNT.

Medical Nutrition Equity Act of 2023, H.R.6892
The bill seeks to expand coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Medicare, Medicaid and other federal health care programs and private health insurance to ensure State and Federal protection for existing coverage, and other purposes. MNEA FactSheet 

Other Priority Issues

Revised EN and PN Medicare Local Coverage Determinations (LCD) 
New LCDs for EN and PN were updated in September 2021. Additional information can be found here: