Amends part B (Supplementary Medical Insurance Benefits for Aged and Disabled) of title XVIII (Medicare) of the Social Security Act to repeal the Medicare competitive acquisition program for durable medical equipment and prosthetics, orthotics, and supplies (DMEPOS).
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3790 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3790
To amend title XVIII of the Social Security Act to repeal the Medicare
competitive acquisition program for durable medical equipment and
prosthetics, orthotics, and supplies (DMEPOS) in a budget neutral
manner.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 13, 2009
Mr. Meek of Florida (for himself, Mr. Maffei, Mrs. Emerson, Mr. Farr,
Mr. Thompson of Pennsylvania, Mr. Altmire, Ms. Wasserman Schultz, Ms.
Eddie Bernice Johnson of Texas, Mr. Boccieri, Mr. Klein of Florida, Mr.
Shuler, Mr. Ryan of Ohio, Mr. Wexler, Mr. Murtha, Mr. Hastings of
Florida, Mr. Tiberi, and Ms. Fudge) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to repeal the Medicare
competitive acquisition program for durable medical equipment and
prosthetics, orthotics, and supplies (DMEPOS) in a budget neutral
manner.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPEAL OF MEDICARE DMEPOS COMPETITIVE ACQUISITION PROGRAM.
(a) In General.--Section 1847 of the Social Security Act (42 U.S.C.
1395w-3) is repealed.
(b) Effective Date.--
(1) In general.--The repeal made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Impact on current contracts.--In the case of any
contract awarded under section 1847 of the Social Security Act
before the date of the repeal of such section--
(A) the contract is terminated;
(B) no payment shall be made under title XVIII of
such Act on or after the date of the enactment of this
Act based on such a contract; and
(C) to the extent that any damages may be
applicable as a result of the termination of such
contracts, such damages shall be payable from the
Federal Supplementary Medical Insurance Trust Fund
under section 1841 of such Act.
(3) Construction.--Nothing in this subsection shall be
construed to provide an independent cause of action or right to
administrative or judicial review with regard to the
termination provided under this subsection.
(c) Pay-For Through Change in Covered Item Update.--Section
1834(a)(14) of the Social Security Act (42 U.S.C. 1395m(a)(14)) is
amended by redesignating subparagraph (M) as subparagraph (O) and by
striking subparagraphs (K) and (L) and inserting the following:
``(K) for 2010, 2011, and 2012--
``(i) in the case of complex rehabilitative
power wheelchairs recognized by the Secretary
as classified within group 3 or higher, the
percentage increase in the consumer price index
for all urban consumers (U.S. urban average)
for the 12-month period ending with June of the
previous year; and
``(ii) in the case of other items and
services, -0.25 percentage points;
``(L) for 2013, the percentage increase in the
consumer price index for all urban consumers (U.S.
urban average) for the 12-month period ending with June
2012;
``(M) for 2014--
``(i) in the case of complex rehabilitative
power wheelchairs recognized by the Secretary
as classified within group 3 or higher, the
percentage increase in the consumer price index
for all urban consumers (U.S. urban average)
for the 12-month period ending with June 2013
plus 2.0 percentage points; and
``(ii) in the case of other items and
services, the percentage increase in the
consumer price index for all urban consumers
(U.S. urban average) for the 12-month period
ending with June 2013;
``(N) for 2015--
``(i) in the case of complex rehabilitative
power wheelchairs recognized by the Secretary
as classified within group 3 or higher, the
percentage increase in the consumer price index
for all urban consumers (U.S. urban average)
for the 12-month period ending with June of the
previous year; and
``(ii) in the case of other items and
services, -0.5 percentage points; and''.
<all>
Introduced in House
Introduced in House
Referred to House Energy and Commerce
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to the Subcommittee on Health.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line