H. R. 27
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Ms. Velázquez 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
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.
This Act may be cited as the
Small Supplier Fairness in Bidding
Competition Act of 2013
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Section 1847 of the Social Security Act (42 U.S.C. 1395w–3) is repealed.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.
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.
Small business advocacy review panels
Section 609(d) of title 5, United States Code, is amended—
in paragraph (2),
by striking at the end
in paragraph (3),
by striking the period at the end and inserting
by adding at the end the following new paragraph:
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).