[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[Senate]
[Pages S4429-S4430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PATIENT ACCESS TO DURABLE MEDICAL EQUIPMENT ACT OF 2016

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Finance Committee be discharged from further consideration of and the 
Senate proceed to the immediate consideration of S. 2736.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2736) to improve access to durable medical 
     equipment for Medicare beneficiaries under the Medicare 
     program, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Thune 
amendment be agreed to, and that the bill, as amended, be considered to 
be read a third time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 4853) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Patient Access to Durable 
     Medical Equipment Act of 2016''.

     SEC. 2. EXTENSION OF THE TRANSITION TO NEW PAYMENT RATES FOR 
                   DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE 
                   PROGRAM.

       The Secretary of Health and Human Services shall extend the 
     transition period described in clause (i) of section 
     414.210(g)(9) of

[[Page S4430]]

     title 42, Code of Federal Regulations, from June 30, 2016, to 
     June 30, 2017 (with the full implementation described in 
     clause (ii) of such section applying to items and services 
     furnished with dates of service on or after July 1, 2017).

     SEC. 3. FLOOR ON BID CEILING FOR COMPETITIVE ACQUISITION FOR 
                   DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE 
                   PROGRAM.

       Section 1847(b)(5) of the Social Security Act (42 U.S.C. 
     1395w-3(b)(5)) is amended--
       (1) in subparagraph (A)--
       (A) by inserting ``, subject to subparagraph (E),'' after 
     ``subsection (a)(2)''; and
       (B) by inserting ``, subject to subparagraph (E),'' after 
     ``Based on such bids''; and
       (2) by adding at the end the following new subparagraph:
       ``(E) Floor on bid ceiling for durable medical equipment.--
       ``(i) In general.--The ceiling for a bid submitted for 
     applicable covered items may not be less than the fee 
     schedule amount that would otherwise be determined under 
     section 1834(a), section 1834(h), or section 1842(s) for such 
     items furnished on July 1, 2016 (determined as if section 2 
     of the Patient Access to Durable Medical Equipment Act of 
     2016 had not been enacted).
       ``(ii) Applicable covered items defined.--For purposes of 
     this subparagraph, the term `applicable covered items' means 
     competitively priced items and services described in 
     subsection (a)(2) that are furnished with respect to rounds 
     of competition that begin on or after January 1, 2017.''.

     SEC. 4. REQUIREMENTS IN DETERMINING ADJUSTMENTS USING 
                   INFORMATION FROM COMPETITIVE BIDDING PROGRAMS.

       (a) In General.--Section 1834(a)(1)(G) of the Social 
     Security Act (42 U.S.C. 1395m(a)(1)(G)) is amended by adding 
     at the end the following new sentence: ``In the case of items 
     and services furnished on or after January 1, 2019, in making 
     any adjustments under clause (ii) or (iii) of subparagraph 
     (F), under subsection (h)(1)(H)(ii), or under section 
     1842(s)(3)(B), the Secretary shall--
       ``(i) solicit and take into account stakeholder input; and
       ``(ii) take into account the highest amount bid by a 
     winning supplier in a competitive acquisition area and a 
     comparison of each of the following with respect to non-
     competitive acquisition areas and competitive acquisition 
     areas:

       ``(I) The average travel distance and cost associated with 
     furnishing items and services in the area.
       ``(II) Any barriers to access for items and services in the 
     area.
       ``(III) The average delivery time in furnishing items and 
     services in the area.
       ``(IV) The average volume of items and services furnished 
     by suppliers in the area.
       ``(V) The number of suppliers in the area.''.

       (b) Conforming Amendments.--(1) Section 1834(h)(1)(H)(ii) 
     of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)(ii)) is 
     amended by striking ``the Secretary'' and inserting ``subject 
     to subsection (a)(1)(G), the Secretary''.
       (2) Section 1842(s)(3)(B) of the Social Security Act (42 
     U.S.C. 1395m(s)(3)(B)) is amended by striking ``the 
     Secretary'' and inserting ``subject to section 1834(a)(1)(G), 
     the Secretary''.

     SEC. 5. REPORTS ON THE RESULTS OF THE MONITORING OF ACCESS OF 
                   MEDICARE BENEFICIARIES TO DURABLE MEDICAL 
                   EQUIPMENT AND OF HEALTH OUTCOMES.

       Not later than October 1, 2016, January 1, 2017, April 1, 
     2017, and July 1, 2017, the Secretary of Health and Human 
     Services shall publish on the Internet website of the Centers 
     for Medicare & Medicaid Services the results of the 
     monitoring of access of Medicare beneficiaries to durable 
     medical equipment and of health outcomes, as described on 
     page 66228 in the final rule published by the Center for 
     Medicare & Medicaid Services on November 6, 2014, and 
     entitled ``Medicare Program; End-Stage Renal Disease 
     Prospective Payment System, Quality Incentive Program, and 
     Durable Medical Equipment, Prosthetics, Orthotics, and 
     Supplies'' (79 Fed. Reg. 66120-66265).

     SEC. 6. REVISION OF EFFECTIVE DATE OF PROVISION LIMITING 
                   FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR 
                   DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE 
                   PAYMENT RATES.

       (a) In General.--Section 1903(i)(27) of the Social Security 
     Act (42 U.S.C. 1396b(i)(27)) is amended by striking ``January 
     1, 2019'' and inserting ``October 1, 2018''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of section 
     503 of division O of Public Law 114-113.

  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. I know of no further debate on this measure.
  The PRESIDING OFFICER. Is there further debate?
  If not, the bill having been read the third time, the question is, 
Shall it pass?
  The bill (S. 2736), as amended, was passed.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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