113 HR 27 IH: Small Supplier Fairness in Bidding Competition Act of 2013 U.S. House of Representatives 2013-01-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 27 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Velázquez introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, the Judiciary, and Small Business, 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), and for other purposes.

1.

Short title

This Act may be cited as the Small Supplier Fairness in Bidding Competition Act of 2013.

2.

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Section 1847 of the Social Security Act (42 U.S.C. 1395w–3) is repealed.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)

Report

Not later than one year after the date of the enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report providing an analysis of the impact of competitive bidding on small clinical laboratories.

3.

Small business advocacy review panels

Section 609(d) of title 5, United States Code, is amended— (1)in paragraph (2), by striking at the end and; (2)in paragraph (3), by striking the period at the end and inserting ; and; and (3)by adding at the end the following new paragraph: (4)the Centers for Medicare & Medicaid Services of the Department of Health and Human Services (solely with respect to its capacity to issue rules governing the Medicare part B fee schedule for clinical laboratory services). .