Medicare Access to Diabetes Supplies Act of 2011

Medicare Access to Diabetes Supplies Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to exempt from Medicare competitive acquisition programs blood glucose self-testing equipment and supplies furnished by small retail community pharmacies.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1936 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1936

To amend title XVIII of the Social Security Act to exempt blood glucose 
self-testing equipment and supplies furnished (regardless of method of 
     delivery) by small retail community pharmacies from Medicare 
             competitive acquisition programs and pricing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

 Mr. Schock (for himself and Mr. Welch) 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 exempt blood glucose 
self-testing equipment and supplies furnished (regardless of method of 
     delivery) by small retail community pharmacies from Medicare 
             competitive acquisition programs and pricing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Access to Diabetes Supplies 
Act of 2011''.

SEC. 2. EXEMPTION OF BLOOD GLUCOSE SELF-TESTING EQUIPMENT AND SUPPLIES 
              FURNISHED BY SMALL RETAIL COMMUNITY PHARMACIES FROM 
              MEDICARE COMPETITIVE ACQUISITION PROGRAMS AND PRICING.

    (a) In General.--Section 1847(a)(7) of the Social Security Act (42 
U.S.C. 1395w-3(a)(7)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Certain blood glucose self-testing equipment 
                and supplies.--
                            ``(i) In general.--Blood glucose self-
                        testing equipment and supplies furnished 
                        (regardless of method of delivery) by a retail 
                        community pharmacy (as defined in section 
                        1927(k)(10)) that is not under common ownership 
                        with more than 10 other retail community 
                        pharmacies.
                            ``(ii) Blood glucose self-testing equipment 
                        and supplies defined.--For purposes of this 
                        subparagraph, the term `blood glucose self-
                        testing equipment and supplies' includes blood 
                        glucose monitors, blood-testing strips, lancet 
                        devices and lancets, and glucose control 
                        solutions for checking the accuracy of the 
                        monitors and testing strips.''.
    (b) Inapplicability of Competitively Bid Prices.--Section 
1834(a)(1)(F)(ii) of the Social Security Act (42 U.S.C. 
1395m(a)(1)(F)(ii)) is amended by striking ``use information'' and 
inserting ``, except in the case of blood glucose self-testing 
equipment and supplies exempt from the programs under section 1847 
pursuant to subsection (a)(7)(C) of such section, use information''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsections (a) and (b) shall apply on and 
        after the date of the enactment of this Act.
            (2) Effective date in areas with contracts.--If contracts 
        for a competitive acquisition area for blood glucose self-
        testing equipment and supplies are (or have been) entered into 
        under a competition for which the close of bidding was on or 
        before the date of the enactment of this Act, the amendment 
        made by subsection (a) shall apply in the area on and after the 
        date on which all such contracts have expired.
            (3) Definitions.--For purposes of this subsection--
                    (A) the term ``close of bidding'' means the final 
                date specified by the Secretary of Health and Human 
                Services for submission of bids; and
                    (B) the term ``competition'' means a competition 
                conducted pursuant to section 1847(b)(1) of the Social 
                Security Act (42 U.S.C. 1395w-3(b)(1)).
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