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
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).
This Act may be cited as the
Fairness in Medicare Bidding
Repeal of medicare dmepos competitive acquisition program
Section 1847 of the Social Security Act (42 U.S.C. 1395w–3) is repealed.
The repeal made by subsection (a) shall take effect on the date of the enactment of this Act.
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—
the contract is terminated;
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
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.
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.
Offset through rescission of unspent federal funds
Of the unobligated balances of all discretionary appropriations, $20,000,000,000 is hereby rescinded.
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.
This section shall not apply to any account of the Department of Defense or the Department of Veterans Affairs.