[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1754 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1754

To amend title XVIII of the Social Security Act to permit a supplier of 
   durable medical equipment under part B of the medicare program to 
 furnish an upgraded item of such equipment to a medicare beneficiary, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1995

   Mr. Brown of Ohio (for himself and Mr. LaTourette) introduced the 
following bill; which was referred to the Committee on 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 permit a supplier of 
   durable medical equipment under part B of the medicare program to 
 furnish an upgraded item of such equipment to a medicare beneficiary, 
                        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. PAYMENT FOR UPGRADED ITEMS OF DURABLE MEDICAL EQUIPMENT 
              UNDER MEDICARE.

    (a) In General.--Section 1834(a) of the Social Security Act (42 
U.S.C. 1395m(a)), as amended by section 132(a)(2) of the Social 
Security Act Amendments of 1994, is amended by adding at the end the 
following new paragraph:
            ``(19) Permitting suppliers to furnish upgraded items.--
                    ``(A) In general.--Subject to subparagraph (B), 
                notwithstanding any other provision of this part, a 
                supplier of a covered item--
                            ``(i) may furnish a patient with an item in 
                        excess of or more expensive than the standard 
                        item for which payment may be made under this 
                        subsection; and
                            ``(ii) may charge the patient an amount 
                        equal to the difference between the supplier's 
                        charge for the item and the amount the supplier 
                        may charge the patient for the standard item 
                        under this part (in addition to the amount the 
                        supplier may charge the patient for the 
                        standard item under this part). if the supplier 
                        demonstrates that the item was furnished to the 
                        patient in accordance with the consumer 
                        marketing safeguard standards established by 
                        the Secretary under subparagraph (B).
                    ``(B) Consumer marketing safeguard standards.--
                Subparagraph (A) shall not apply with respect to an 
                item furnished to a patient by a supplier unless the 
                supplier demonstrates that the item was furnished to 
                the patient in accordance with standards established by 
                the Secretary to assure that patients are not pressured 
                into purchasing or renting upgraded items instead of 
                standard items.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to items furnished on or after January 1, 1996.
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