[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6095 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6095

To amend title XVIII of the Social Security Act to preserve integrated 
   care for durable medical equipment under the competitive bidding 
          program for qualified hospital-related DME entities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 10, 2010

 Mr. Dingell 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 preserve integrated 
   care for durable medical equipment under the competitive bidding 
          program for qualified hospital-related DME entities.

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

SECTION 1. PRESERVATION OF INTEGRATED CARE UNDER COMPETITIVE BIDDING 
              PROGRAM FOR QUALIFIED HOSPITAL-RELATED DME ENTITIES.

    (a) In General.--Section 1847(a) of the Social Security Act (42 
U.S.C. 1395w-3(a)) is amended by adding at the end the following new 
paragraph:
            ``(8) Treatment of durable medical equipment furnished by 
        qualified hospital-related dme entities.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of an item or service described in paragraph 
                (2)(A) that is furnished by a qualified hospital-
                related DME entity (as defined in subparagraph (C)) in 
                a competitive acquisition area for which a contract is 
                in effect under the competition conducted pursuant to 
                subsection (b)(1)--
                            ``(i) subject to clause (ii), the programs 
                        under this section shall not apply; and
                            ``(ii) payment shall be made to the 
                        qualified hospital-related DME entity--
                                    ``(I) without regard to whether the 
                                qualified hospital-related DME entity 
                                submitted a bid or was awarded such a 
                                contract; and
                                    ``(II) in the amount payable for 
                                such item or service under such 
                                contract for the area and period 
                                involved (as determined by the 
                                Secretary).
                    ``(B) Limitation.--Subparagraph (A) shall apply 
                only to items and services that are furnished by a 
                qualified hospital-related DME entity that--
                            ``(i) has provided assurances satisfactory 
                        to the Secretary that a substantial majority of 
                        its patients who are enrolled under this part 
                        are patients of a hospital described in 
                        subparagraph (C)(i) or any provider of services 
                        affiliated with such hospital; and
                            ``(ii) was either furnishing items and 
                        services of such type on or before April 1, 
                        2010, or owns and controls, is owned and 
                        controlled by, or is under common ownership and 
                        control with, a hospital (or one or more 
                        hospitals and a university) that was furnishing 
                        such items or services of such type on or 
                        before such date.
                    ``(C) Qualified hospital-related dme entity.--In 
                this paragraph, the term `qualified hospital-related 
                DME entity' means a supplier of durable medical 
                equipment that--
                            ``(i) owns and controls, is owned and 
                        controlled by, or is under common ownership and 
                        control with--
                                    ``(I) one or more hospitals; or
                                    ``(II) one or more hospitals and a 
                                university; and
                            ``(ii) meets the applicable quality and 
                        financial standards under subsection 
                        (b)(2)(A).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to items and services furnished on or after the date of the 
enactment of this Act.
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