[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1041 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1041

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 THE HOUSE OF REPRESENTATIVES

                             March 11, 2011

 Mr. Thompson of Pennsylvania (for himself and Mr. Altmire) introduced 
 the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committees on Appropriations and 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).

    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 ``Fairness in Medicare Bidding Act'' 
or ``FIMBA''.

SEC. 2. 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1395w-3) is repealed.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.

SEC. 3. OFFSET THROUGH RESCISSION OF UNSPENT FEDERAL FUNDS.

    (a) In General.--Of the unobligated balances of all discretionary 
appropriations, $20,000,000,000 is hereby rescinded.
    (b) Implementation.--The Director of the Office of Management and 
Budget shall determine and identify each account, program, project, and 
activity to which the rescission under subsection (a) shall apply and 
the amount of such rescission that shall apply to each such account, 
program, project, and activity. Not later than 60 days after the date 
of the enactment of this Act, the Director of the Office of Management 
and Budget shall submit a report to the Secretary of the Treasury and 
Congress of the accounts, programs, projects, and activities and 
amounts determined and identified for rescission under the preceding 
sentence.
    (c) Exception.--This section shall not apply to any account of the 
Department of Defense or the Department of Veterans Affairs.
                                 <all>