[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 956 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 956

To amend title XVIII of the Social Security Act to exempt unsanctioned 
State-licensed retail pharmacies from the surety bond requirement under 
   the Medicare Program for suppliers of durable medical equipment, 
             prosthetics, orthotics, and supplies (DMEPOS).


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                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2009

Mr. Tester (for himself and Mr. Roberts) 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 unsanctioned 
State-licensed retail pharmacies from the surety bond requirement under 
   the Medicare Program for suppliers of durable medical equipment, 
             prosthetics, orthotics, and supplies (DMEPOS).

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserve Patient Access to Reputable 
DMEPOS Providers Act of 2009''.

SEC. 2. APPLICATION OF DMEPOS SURETY BOND REQUIREMENT TO CERTAIN RETAIL 
              PHARMACIES.

    (a) In General.--Section 1834(a)(16) of the Social Security Act (42 
U.S.C. 1395m(a)(16)) is amended by adding at the end the following new 
sentences: ``The requirement of a bond under subparagraph (B) shall 
only apply to a State-licensed retail pharmacy or a mail-order pharmacy 
if there has been a final adverse action (as defined in section 
424.57(a) of title 42, Code of Federal Regulations, as in effect on the 
date of the enactment of this Act) that is not subject to 
administrative or judicial appeal taken against such respective 
pharmacy during the 10-year period preceding the issuance (or renewal) 
under this part of the provider number involved. In the case of a chain 
of such pharmacies (or other grouping of more than one such pharmacy), 
the previous sentence shall be applied separately to each such pharmacy 
within such chain (or grouping). For purposes of this paragraph, the 
term `State-licensed retail pharmacy' means any State-licensed 
independent, chain, supermarket, or mass merchandiser pharmacy and the 
term `mail-order pharmacy' means a pharmacy that is State-licensed and 
that conducts its pharmaceutical business primarily through mail 
services.''.
    (b) Treatment of Current DMEPOS Surety Bond Exemptions.--Nothing in 
the amendment made by subsection (a) shall affect the application of 
any exemption specified in section 424.57(d)(15) of title 42, Code of 
Federal Regulations (as in effect as of the date of the enactment of 
this Act).
    (c) Effective Date; Release From Obligation With Respect to Certain 
Surety Bonds.--
            (1) Effective date.--The amendment made by this section 
        shall take effect as of the date of the enactment of this Act 
        and shall apply to provider numbers issued or renewed before, 
        on, or after such date.
            (2) Release from obligation with respect to certain surety 
        bonds.--In the case of a State-licensed retail pharmacy or 
        mail-order pharmacy (as such terms are defined in the last 
        sentence of section 1834(a)(16) of the Social Security Act, as 
        added by subsection (a)) to which the surety bond requirement 
        under subparagraph (B) of such section does not apply under the 
        amendment made by subsection (a) but for which a surety bond 
        was provided prior to the date of the enactment of this Act, 
        the respective pharmacy is released from any obligation under 
        title XVIII of the Social Security Act with respect to such 
        bond and, upon request, the Secretary of Health and Human 
        Services shall provide such pharmacy with a document indicating 
        such release.
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