I 

111TH CONGRESS 

2D SESSION H. R. 6095 

To amend title XVIII of the Social Security Act to preserve integrated 

care for durable medical equipment under the competitive bidding program for qualified hospital-related DME entities. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 10, 2010 

Mr. DINGELL 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 preserve 

integrated care for durable medical equipment under the 

competitive bidding program for qualified hospital-related 

DME entities. 

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. PRESERVATION OF INTEGRATED CARE UNDER 

2 COMPETITIVE BIDDING PROGRAM FOR 

3 QUALIFIED HOSPITAL-RELATED DME ENTI4 TIES. 

5 (a) IN GENERAL.—Section 1847(a) of the Social Se6 curity Act (42 U.S.C. 1395w–3(a)) is amended by adding 

7 at the end the following new paragraph: 

8 ‘‘(8) TREATMENT OF DURABLE MEDICAL

9 EQUIPMENT FURNISHED BY QUALIFIED HOSPITAL10 RELATED DME ENTITIES.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), in the case of an item or service de13 scribed in paragraph (2)(A) that is furnished by 

14 a qualified hospital-related DME entity (as de15 fined in subparagraph (C)) in a competitive ac16 quisition area for which a contract is in effect 

17 under the competition conducted pursuant to 

18 subsection (b)(1)— 

19 ‘‘(i) subject to clause (ii), the pro20 grams under this section shall not apply; 

21 and 

22 ‘‘(ii) payment shall be made to the 

23 qualified hospital-related DME entity— 

24 ‘‘(I) without regard to whether 

25 the qualified hospital-related DME enVerDate Mar 15 2010 02:59 Aug 11, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6095.IH H6095

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1 tity submitted a bid or was awarded 

2 such a contract; and 

3 ‘‘(II) in the amount payable for 

4 such item or service under such con5 tract for the area and period involved 

6 (as determined by the Secretary). 

7 ‘‘(B) LIMITATION.—Subparagraph (A) 

8 shall apply only to items and services that are 

9 furnished by a qualified hospital-related DME 

10 entity that— 

11 ‘‘(i) has provided assurances satisfac12 tory to the Secretary that a substantial 

13 majority of its patients who are enrolled 

14 under this part are patients of a hospital 

15 described in subparagraph (C)(i) or any 

16 provider of services affiliated with such 

17 hospital; and 

18 ‘‘(ii) was either furnishing items and 

19 services of such type on or before April 1, 

20 2010, or owns and controls, is owned and 

21 controlled by, or is under common owner22 ship and control with, a hospital (or one or 

23 more hospitals and a university) that was 

24 furnishing such items or services of such 

25 type on or before such date. 


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1 ‘‘(C) QUALIFIED HOSPITAL-RELATED DME

2 ENTITY.—In this paragraph, the term ‘qualified 

3 hospital-related DME entity’ means a supplier 

4 of durable medical equipment that— 

5 ‘‘(i) owns and controls, is owned and 

6 controlled by, or is under common owner7 ship and control with— 

8 ‘‘(I) one or more hospitals; or 

9 ‘‘(II) one or more hospitals and a 

10 university; and 

11 ‘‘(ii) meets the applicable quality and 

12 financial standards under subsection 

13 (b)(2)(A).’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall apply to items and services furnished 

16 on or after the date of the enactment of this Act. 

Æ 


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