[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 27 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                 H. R. 27

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), and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2013

Ms. Velazquez introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Ways and Means, the Judiciary, and Small Business, 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), and for other purposes.

    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 ``Small Supplier Fairness in Bidding 
Competition Act of 2013''.

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1395w-3) is repealed.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.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Administrator of the Centers for Medicare & 
Medicaid Services shall submit to the Committee on Small Business of 
the House of Representatives and the Committee on Small Business and 
Entrepreneurship of the Senate a report providing an analysis of the 
impact of competitive bidding on small clinical laboratories.

SEC. 3. SMALL BUSINESS ADVOCACY REVIEW PANELS.

    Section 609(d) of title 5, United States Code, is amended--
            (1) in paragraph (2), by striking at the end ``and'';
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the Centers for Medicare & Medicaid Services of the 
        Department of Health and Human Services (solely with respect to 
        its capacity to issue rules governing the Medicare part B fee 
        schedule for clinical laboratory services).''.
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