II 110th CONGRESS 2d Session S. 3091 IN THE SENATE OF THE UNITED STATES June 5, 2008 Mr. Coburn (for himself, Mr. Martinez, and Mr. Casey) 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 exempt negative pressure wound therapy pumps and related supplies and accessories from the Medicare competitive acquisition program until the clinical comparability of such products can be validated.

1.

Short title

This Act may be cited as the Medicare Wound Therapy Patient Protection Act of 2008.

2.

Exemption of negative pressure wound therapy pumps and related supplies and accessories from the Medicare competitive acquisition program until the clinical comparability of such products can be validated

(a)

In general

Section 1847(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w–3(a)(2)(A)) is amended by inserting before the period at the end the following: and excluding negative pressure wound therapy pumps and related supplies and accessories until such time as the Secretary can validate, using a panel of wound care clinical experts, the clinical comparability of all products included in the category of such products. (b)

Effective date

The amendment made by subsection (a) shall take effect on June 30, 2008. (c)

Sense of the Senate regarding fiscal responsibility

It is the sense of the Senate that the amendment made by subsection (a) should be deficit neutral over the 5-year period beginning on October 1, 2008, through appropriate offsets.