Amends title XVIII (Medicare) of the Social Security Act to delay implementation of Round 2 of the Medicare DMEPOS (Durable Medical Equipment, Prosthetics, Orthotics, and Supplies) competitive acquisition program (for the furnishing to Medicare beneficiaries of competitively priced items and services) for competitive acquisition areas in Tennessee.
Terminates contracts already awarded with respect to such areas in Tennessee, and prohibits any payments based on such a contract. Requires any damages resulting from contract terminations to be paid from the Federal Supplementary Medical Insurance Trust Fund.
Directs the Secretary of Health and Human Services (HHS) to conduct a rebid of the competition for such round in such areas as soon as possible in accordance with the requirements of this Act, including the requirement that suppliers meet state licensing requirements.
Requires the Secretary, in the case of any such new competition, to impose a civil monetary penalty of $10,000 on the entity contracted to implement the competitive bidding program for each instance in which information that entity supplies is incorrect and results in the award of a contract to a supplier in such an area to a supplier not licensed by the state of Tennessee.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1265 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1265
To amend title XVIII of the Social Security Act to delay the
implementation of round 2 of the Medicare DMEPOS Competitive
Acquisition Program for competitive acquisition areas in Tennessee, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2013
Mr. Alexander (for himself and Mr. Corker) 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 delay the
implementation of round 2 of the Medicare DMEPOS Competitive
Acquisition Program for competitive acquisition areas in Tennessee, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DELAY IN IMPLEMENTATION OF ROUND 2 OF MEDICARE DMEPOS
COMPETITIVE ACQUISITION PROGRAM FOR COMPETITIVE
ACQUISITION AREAS IN TENNESSEE.
Section 1847(a)(1) of the Social Security Act (42 U.S.C. 1395w-
3(a)(1)) is amended by adding at the end the following new
subparagraph:
``(G) Delay in implementation of round 2 for
competitive acquisition areas in tennessee.--
Notwithstanding any other provision of this section and
in implementing the second round of the competitive
acquisition programs under this section described in
subparagraph (B)(i)(II) with respect to competitive
acquisition areas in Tennessee, the following shall
apply:
``(i) The contracts awarded under this
section before the date of the enactment of
this subparagraph with respect to competitive
acquisition areas in Tennessee for such round
are terminated, no payment shall be made under
this title on or after the date of the
enactment of this subparagraph based on such a
contract, and, 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. Nothing in this clause 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
clause.
``(ii) The Secretary shall as soon as
possible conduct a rebid of the competition for
such round in such areas in accordance with the
requirements of this section, including the
requirement that suppliers meet State licensing
requirements.
``(iii) Such round shall be implemented in
such areas as soon as possible after the
conduct of the rebid under clause (ii).
``(iv)(I) In the case of any competition in
such areas for which bids are requested on or
after the date of enactment of this
subparagraph, the Secretary shall impose a
civil money penalty in the amount of $10,000 on
the entity contracted to implement the
competitive bidding program under this section
for each instance in which information supplied
by the entity--
``(aa) is incorrect; and
``(bb) results in the Secretary
awarding a contract to a supplier under
the competition in such areas to a
supplier not licensed by the State of
Tennessee.
``(II) Any penalty under subclause (I)
shall be imposed and collected in the same
manner as civil money penalties under
subsection (a) of section 1128A are imposed and
collected under that section.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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