[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3790 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3790

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) in a budget neutral 
                                manner.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 2009

 Mr. Meek of Florida (for himself, Mr. Maffei, Mrs. Emerson, Mr. Farr, 
 Mr. Thompson of Pennsylvania, Mr. Altmire, Ms. Wasserman Schultz, Ms. 
Eddie Bernice Johnson of Texas, Mr. Boccieri, Mr. Klein of Florida, Mr. 
   Shuler, Mr. Ryan of Ohio, Mr. Wexler, Mr. Murtha, Mr. Hastings of 
  Florida, Mr. Tiberi, and Ms. Fudge) 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 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) in a budget neutral 
                                manner.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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1395w-3) is repealed.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) Pay-For Through Change in Covered Item Update.--Section 
1834(a)(14) of the Social Security Act (42 U.S.C. 1395m(a)(14)) is 
amended by redesignating subparagraph (M) as subparagraph (O) and by 
striking subparagraphs (K) and (L) and inserting the following:
                    ``(K) for 2010, 2011, and 2012--
                            ``(i) in the case of complex rehabilitative 
                        power wheelchairs recognized by the Secretary 
                        as classified within group 3 or higher, the 
                        percentage increase in the consumer price index 
                        for all urban consumers (U.S. urban average) 
                        for the 12-month period ending with June of the 
                        previous year; and
                            ``(ii) in the case of other items and 
                        services, -0.25 percentage points;
                    ``(L) for 2013, the percentage increase in the 
                consumer price index for all urban consumers (U.S. 
                urban average) for the 12-month period ending with June 
                2012;
                    ``(M) for 2014--
                            ``(i) in the case of complex rehabilitative 
                        power wheelchairs recognized by the Secretary 
                        as classified within group 3 or higher, the 
                        percentage increase in the consumer price index 
                        for all urban consumers (U.S. urban average) 
                        for the 12-month period ending with June 2013 
                        plus 2.0 percentage points; and
                            ``(ii) in the case of other items and 
                        services, the percentage increase in the 
                        consumer price index for all urban consumers 
                        (U.S. urban average) for the 12-month period 
                        ending with June 2013;
                    ``(N) for 2015--
                            ``(i) in the case of complex rehabilitative 
                        power wheelchairs recognized by the Secretary 
                        as classified within group 3 or higher, the 
                        percentage increase in the consumer price index 
                        for all urban consumers (U.S. urban average) 
                        for the 12-month period ending with June of the 
                        previous year; and
                            ``(ii) in the case of other items and 
                        services, -0.5 percentage points; and''.
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