I 

113TH CONGRESS 

1ST SESSION H. R. 27 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Ms. VELA ́ZQUEZ 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 

A BILL 

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. 

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 ‘‘Small Supplier Fair5 ness in Bidding Competition Act of 2013’’. 


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1 SEC. 2. REPEAL OF MEDICARE DMEPOS COMPETITIVE AC2 QUISITION PROGRAM. 

3 (a) IN GENERAL.—Section 1847 of the Social Secu4 rity Act (42 U.S.C. 1395w–3) is repealed. 

5 (b) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—The repeal made by sub7 section (a) shall take effect on the date of the enact8 ment of this Act. 

9 (2) IMPACT ON CURRENT CONTRACTS.—In the 

10 case of any contract awarded under section 1847 of 

11 the Social Security Act before the date of the repeal 

12 of such section— 

13 (A) the contract is terminated; 

14 (B) no payment shall be made under title 

15 XVIII of such Act on or after the date of the 

16 enactment of this Act based on such a contract; 

17 and 

18 (C) to the extent that any damages may be 

19 applicable as a result of the termination of such 

20 contracts, such damages shall be payable from 

21 the Federal Supplementary Medical Insurance 

22 Trust Fund under section 1841 of such Act. 

23 (3) CONSTRUCTION.—Nothing in this sub24 section shall be construed to provide an independent 

25 cause of action or right to administrative or judicial 


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1 review with regard to the termination provided 

2 under this subsection. 

3 (c) REPORT.—Not later than one year after the date 

4 of the enactment of this Act, the Administrator of the 

5 Centers for Medicare & Medicaid Services shall submit to 

6 the Committee on Small Business of the House of Rep7 resentatives and the Committee on Small Business and 

8 Entrepreneurship of the Senate a report providing an 

9 analysis of the impact of competitive bidding on small clin10 ical laboratories. 

11 SEC. 3. SMALL BUSINESS ADVOCACY REVIEW PANELS. 

12 Section 609(d) of title 5, United States Code, is 

13 amended— 

14 (1) in paragraph (2), by striking at the end 

15 ‘‘and’’; 

16 (2) in paragraph (3), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) the Centers for Medicare & Medicaid Serv21 ices of the Department of Health and Human Serv22 ices (solely with respect to its capacity to issue rules 

23 governing the Medicare part B fee schedule for clin24 ical laboratory services).’’. 

Æ 


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