I 

112TH CONGRESS 

1ST SESSION H. R. 1936 

To amend title XVIII of the Social Security Act to exempt blood glucose 

self-testing equipment and supplies furnished (regardless of method of 

delivery) by small retail community pharmacies from Medicare competitive acquisition programs and pricing. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2011 

Mr. SCHOCK (for himself and Mr. WELCH) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committee on 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 

A BILL 

To amend title XVIII of the Social Security Act to exempt 

blood glucose self-testing equipment and supplies furnished (regardless of method of delivery) by small retail 

community pharmacies from Medicare competitive acquisition programs and pricing. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Access to 

5 Diabetes Supplies Act of 2011’’. 


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•HR 1936 IH

1 SEC. 2. EXEMPTION OF BLOOD GLUCOSE SELF-TESTING 

2 EQUIPMENT AND SUPPLIES FURNISHED BY 

3 SMALL RETAIL COMMUNITY PHARMACIES 

4 FROM MEDICARE COMPETITIVE ACQUISI5 TION PROGRAMS AND PRICING. 

6 (a) IN GENERAL.—Section 1847(a)(7) of the Social 

7 Security Act (42 U.S.C. 1395w–3(a)(7)) is amended by 

8 adding at the end the following new subparagraph: 

9 ‘‘(C) CERTAIN BLOOD GLUCOSE SELF10 TESTING EQUIPMENT AND SUPPLIES.— 

11 ‘‘(i) IN GENERAL.—Blood glucose self12 testing equipment and supplies furnished 

13 (regardless of method of delivery) by a re14 tail community pharmacy (as defined in 

15 section 1927(k)(10)) that is not under 

16 common ownership with more than 10 

17 other retail community pharmacies. 

18 ‘‘(ii) BLOOD GLUCOSE SELF-TESTING

19 EQUIPMENT AND SUPPLIES DEFINED.— 

20 For purposes of this subparagraph, the 

21 term ‘blood glucose self-testing equipment 

22 and supplies’ includes blood glucose mon23 itors, blood-testing strips, lancet devices 

24 and lancets, and glucose control solutions 

25 for checking the accuracy of the monitors 

26 and testing strips.’’. 


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•HR 1936 IH

1 (b) INAPPLICABILITY OF COMPETITIVELY BID

2 PRICES.—Section 1834(a)(1)(F)(ii) of the Social Security 

3 Act (42 U.S.C. 1395m(a)(1)(F)(ii)) is amended by strik4 ing ‘‘use information’’ and inserting ‘‘, except in the case 

5 of blood glucose self-testing equipment and supplies ex6 empt from the programs under section 1847 pursuant to 

7 subsection (a)(7)(C) of such section, use information’’. 

8 (c) EFFECTIVE DATE.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the amendment made by subsections (a) 

11 and (b) shall apply on and after the date of the en12 actment of this Act. 

13 (2) EFFECTIVE DATE IN AREAS WITH CON14 TRACTS.—If contracts for a competitive acquisition 

15 area for blood glucose self-testing equipment and 

16 supplies are (or have been) entered into under a 

17 competition for which the close of bidding was on or 

18 before the date of the enactment of this Act, the 

19 amendment made by subsection (a) shall apply in 

20 the area on and after the date on which all such 

21 contracts have expired. 

22 (3) DEFINITIONS.—For purposes of this sub23 section— 

24 (A) the term ‘‘close of bidding’’ means the 

25 final date specified by the Secretary of Health 


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1 and Human Services for submission of bids; 

2 and 

3 (B) the term ‘‘competition’’ means a com4 petition conducted pursuant to section 

5 1847(b)(1) of the Social Security Act (42 

6 U.S.C. 1395w–3(b)(1)). 

Æ 


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