I 112th CONGRESS 1st Session H. R. 1936 IN THE HOUSE OF REPRESENTATIVES May 23, 2011 Mr. Schock (for himself and Mr. Welch) 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 exempt blood glucose self-testing equipment and supplies furnished (regardless of method of delivery) by small retail community pharmacies from Medicare competitive acquisition programs and pricing.

1.

Short title

This Act may be cited as the Medicare Access to Diabetes Supplies Act of 2011.

2.

Exemption of blood glucose self-testing equipment and supplies furnished by small retail community pharmacies from Medicare competitive acquisition programs and pricing

(a)

In general

Section 1847(a)(7) of the Social Security Act (42 U.S.C. 1395w–3(a)(7)) is amended by adding at the end the following new subparagraph: (C)

Certain blood glucose self-testing equipment and supplies

(i)

In general

Blood glucose self-testing equipment and supplies furnished (regardless of method of delivery) by a retail community pharmacy (as defined in section 1927(k)(10)) that is not under common ownership with more than 10 other retail community pharmacies. (ii)

Blood glucose self-testing equipment and supplies defined

For purposes of this subparagraph, the term blood glucose self-testing equipment and supplies includes blood glucose monitors, blood-testing strips, lancet devices and lancets, and glucose control solutions for checking the accuracy of the monitors and testing strips. . (b)

Inapplicability of competitively bid prices

Section 1834(a)(1)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(a)(1)(F)(ii)) is amended by striking use information and inserting , except in the case of blood glucose self-testing equipment and supplies exempt from the programs under section 1847 pursuant to subsection (a)(7)(C) of such section, use information. (c)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendment made by subsections (a) and (b) shall apply on and after the date of the enactment of this Act. (2)

Effective date in areas with contracts

If contracts for a competitive acquisition area for blood glucose self-testing equipment and supplies are (or have been) entered into under a competition for which the close of bidding was on or before the date of the enactment of this Act, the amendment made by subsection (a) shall apply in the area on and after the date on which all such contracts have expired. (3)

Definitions

For purposes of this subsection— (A)the term close of bidding means the final date specified by the Secretary of Health and Human Services for submission of bids; and (B)the term competition means a competition conducted pursuant to section 1847(b)(1) of the Social Security Act (42 U.S.C. 1395w–3(b)(1)).