I 112th CONGRESS 1st Session H. R. 1041 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).

1.

Short title

This Act may be cited as the Fairness in Medicare Bidding Act or FIMBA.

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Section 1847 of the Social Security Act (42 U.S.C. 1395w–3) is repealed.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.

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Of the unobligated balances of all discretionary appropriations, $20,000,000,000 is hereby rescinded.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.