DRA of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5555 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5555

  To direct the Secretary of Health and Human Services to provide for 
 certain adjustments to Medicare payment for items of durable medical 
   equipment that were formerly included in round 2021 of the DMEPOS 
                      competitive bidding program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2023

Mrs. Miller-Meeks (for herself, Mr. Tonko, and Mrs. Hinson) 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 direct the Secretary of Health and Human Services to provide for 
 certain adjustments to Medicare payment for items of durable medical 
   equipment that were formerly included in round 2021 of the DMEPOS 
                      competitive bidding program.

    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 ``DMEPOS Relief Act of 2023'' or the 
``DRA of 2023''.

SEC. 2. ADJUSTMENTS TO MEDICARE PAYMENT FOR ITEMS OF DURABLE MEDICAL 
              EQUIPMENT FORMERLY INCLUDED IN ROUND 2021 OF THE DMEPOS 
              COMPETITIVE BIDDING PROGRAM.

    (a) In General.--The Secretary of Health and Human Services shall 
implement section 414.210 of title 42, Code of Federal Regulations, 
such that the fee schedule amounts determined pursuant to such section 
for covered items furnished during the period beginning on January 1, 
2024, and ending on December 31, 2024, shall be applied as if the 
transition rules under paragraph (g)(9) of such section provided that 
for such covered items so furnished, the fee schedule amount for the 
area involved is equal to 90 percent of the adjusted payment amount 
established under such section and 10 percent of the unadjusted fee 
schedule amount established under such section.
    (b) Covered Item Defined.--For purposes of subsection (a), the term 
``covered item'' means any item--
            (1) that were competed under the Round 2021 DMEPOS 
        Competitive Bidding Program;
            (2) for which contracts were not executed for such round of 
        bidding; and
            (3) which did not, as of January 1, 2021, revert to the 
        unadjusted fee schedule amount established under section 
        414.210 of title 42, Code of Federal Regulations.

SEC. 3. PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT IN DMEPOS NON-
              COMPETATIVE BIDDING AREAS UNDER THE MEDICARE PROGRAM.

    (a) Areas Other Than Rural and Noncontiguous Areas.--The Secretary 
shall implement section 414.210(g)(9)(v) of title 42, Code of Federal 
Regulations (or any successor regulation), to apply the transition rule 
described in the first sentence of such section to all applicable items 
and services furnished in areas other than rural or noncontiguous areas 
(as such terms are defined for purposes of such section) through 
December 31, 2024.
    (b) All Areas.--The Secretary shall not implement section 
414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any 
successor regulation) until January 1, 2025.
    (c) Implementation.--Notwithstanding any other provision of law, 
the Secretary may implement the provisions of this section by program 
instruction or otherwise.
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