I 

112TH CONGRESS 

1ST SESSION H. R. 1041 

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 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 

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). 

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 ‘‘Fairness in Medicare 

5 Bidding Act’’ or ‘‘FIMBA’’. 


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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3 (a) IN GENERAL.—Section 1847 of the Social Secu4 rity Act (42 U.S.C. 1395w–3) is repealed. 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 SEC. 3. OFFSET THROUGH RESCISSION OF UNSPENT FED4 ERAL FUNDS. 

5 (a) IN GENERAL.—Of the unobligated balances of all 

6 discretionary appropriations, $20,000,000,000 is hereby 

7 rescinded. 

8 (b) IMPLEMENTATION.—The Director of the Office of 

9 Management and Budget shall determine and identify 

10 each account, program, project, and activity to which the 

11 rescission under subsection (a) shall apply and the amount 

12 of such rescission that shall apply to each such account, 

13 program, project, and activity. Not later than 60 days 

14 after the date of the enactment of this Act, the Director 

15 of the Office of Management and Budget shall submit a 

16 report to the Secretary of the Treasury and Congress of 

17 the accounts, programs, projects, and activities and 

18 amounts determined and identified for rescission under 

19 the preceding sentence. 

20 (c) EXCEPTION.—This section shall not apply to any 

21 account of the Department of Defense or the Department 

22 of Veterans Affairs. 

Æ 


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