I 

111TH CONGRESS 

1ST SESSION H. R. 3790 

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) in a budget neutral manner. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 13, 2009 

Mr. MEEK of Florida (for himself, Mr. MAFFEI, Mrs. EMERSON, Mr. FARR, 

Mr. THOMPSON of Pennsylvania, Mr. ALTMIRE, Ms. WASSERMAN

SCHULTZ, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. BOCCIERI, Mr. 

KLEIN of Florida, Mr. SHULER, Mr. RYAN of Ohio, Mr. WEXLER, Mr. 

MURTHA, Mr. HASTINGS of Florida, Mr. TIBERI, and Ms. FUDGE) 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 repeal 

the Medicare competitive acquisition program for durable 

medical equipment and prosthetics, orthotics, and supplies (DMEPOS) in a budget neutral manner. 

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


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1 SECTION 1. REPEAL OF MEDICARE DMEPOS COMPETITIVE 

2 ACQUISITION 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3 (a) IN GENERAL.—Section 1847 of the Social Secu4 rity Act (42 U.S.C. 1395w–3) is repealed. 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) PAY-FOR THROUGH CHANGE IN COVERED ITEM

4 UPDATE.—Section 1834(a)(14) of the Social Security Act 

5 (42 U.S.C. 1395m(a)(14)) is amended by redesignating 

6 subparagraph (M) as subparagraph (O) and by striking 

7 subparagraphs (K) and (L) and inserting the following: 

8 ‘‘(K) for 2010, 2011, and 2012— 

9 ‘‘(i) in the case of complex rehabilita10 tive power wheelchairs recognized by the 

11 Secretary as classified within group 3 or 

12 higher, the percentage increase in the con13 sumer price index for all urban consumers 

14 (U.S. urban average) for the 12-month pe15 riod ending with June of the previous year; 

16 and 

17 ‘‘(ii) in the case of other items and 

18 services, ¥0.25 percentage points; 

19 ‘‘(L) for 2013, the percentage increase in 

20 the consumer price index for all urban con21 sumers (U.S. urban average) for the 12-month 

22 period ending with June 2012; 

23 ‘‘(M) for 2014— 

24 ‘‘(i) in the case of complex rehabilita25 tive power wheelchairs recognized by the 


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1 Secretary as classified within group 3 or 

2 higher, the percentage increase in the con3 sumer price index for all urban consumers 

4 (U.S. urban average) for the 12-month pe5 riod ending with June 2013 plus 2.0 per6 centage points; and 

7 ‘‘(ii) in the case of other items and 

8 services, the percentage increase in the 

9 consumer price index for all urban con10 sumers (U.S. urban average) for the 12- 

11 month period ending with June 2013; 

12 ‘‘(N) for 2015— 

13 ‘‘(i) in the case of complex rehabilita14 tive power wheelchairs recognized by the 

15 Secretary as classified within group 3 or 

16 higher, the percentage increase in the con17 sumer price index for all urban consumers 

18 (U.S. urban average) for the 12-month pe19 riod ending with June of the previous year; 

20 and 

21 ‘‘(ii) in the case of other items and 

22 services, ¥0.5 percentage points; and’’. 

Æ 


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