[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1265 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1265

     To amend title XVIII of the Social Security Act to delay the 
     implementation of round 2 of the Medicare DMEPOS Competitive 
Acquisition Program for competitive acquisition areas in Tennessee, and 
                          for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2013

  Mr. Alexander (for himself and Mr. Corker) 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 delay the 
     implementation of round 2 of the Medicare DMEPOS Competitive 
Acquisition Program for competitive acquisition areas in Tennessee, 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. DELAY IN IMPLEMENTATION OF ROUND 2 OF MEDICARE DMEPOS 
              COMPETITIVE ACQUISITION PROGRAM FOR COMPETITIVE 
              ACQUISITION AREAS IN TENNESSEE.

    Section 1847(a)(1) of the Social Security Act (42 U.S.C. 1395w-
3(a)(1)) is amended by adding at the end the following new 
subparagraph:
                    ``(G) Delay in implementation of round 2 for 
                competitive acquisition areas in tennessee.--
                Notwithstanding any other provision of this section and 
                in implementing the second round of the competitive 
                acquisition programs under this section described in 
                subparagraph (B)(i)(II) with respect to competitive 
                acquisition areas in Tennessee, the following shall 
                apply:
                            ``(i) The contracts awarded under this 
                        section before the date of the enactment of 
                        this subparagraph with respect to competitive 
                        acquisition areas in Tennessee for such round 
                        are terminated, no payment shall be made under 
                        this title on or after the date of the 
                        enactment of this subparagraph based on such a 
                        contract, and, 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. Nothing in this clause 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 
                        clause.
                            ``(ii) The Secretary shall as soon as 
                        possible conduct a rebid of the competition for 
                        such round in such areas in accordance with the 
                        requirements of this section, including the 
                        requirement that suppliers meet State licensing 
                        requirements.
                            ``(iii) Such round shall be implemented in 
                        such areas as soon as possible after the 
                        conduct of the rebid under clause (ii).
                            ``(iv)(I) In the case of any competition in 
                        such areas for which bids are requested on or 
                        after the date of enactment of this 
                        subparagraph, the Secretary shall impose a 
                        civil money penalty in the amount of $10,000 on 
                        the entity contracted to implement the 
                        competitive bidding program under this section 
                        for each instance in which information supplied 
                        by the entity--
                                    ``(aa) is incorrect; and
                                    ``(bb) results in the Secretary 
                                awarding a contract to a supplier under 
                                the competition in such areas to a 
                                supplier not licensed by the State of 
                                Tennessee.
                            ``(II) Any penalty under subclause (I) 
                        shall be imposed and collected in the same 
                        manner as civil money penalties under 
                        subsection (a) of section 1128A are imposed and 
                        collected under that section.''.
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