```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5235 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5235

To amend title XVIII of the Social Security Act to exempt blood glucose 
self-testing equipment and supplies furnished by small retail community 
       pharmacies from Medicare competitive acquisition programs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2010

   Mr. Welch (for himself and Mr. Rogers of Michigan) 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 by small retail community 
       pharmacies from Medicare competitive acquisition programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Access to Diabetes Supplies 
Act''.

SEC. 2. EXEMPTION OF BLOOD GLUCOSE SELF-TESTING EQUIPMENT AND SUPPLIES 
              FURNISHED BY SMALL RETAIL COMMUNITY PHARMACIES FROM 
              MEDICARE COMPETITIVE ACQUISITION PROGRAMS.

    (a) In General.--Section 1847(a)(7) of the Social Security Act (42 
U.S.C. 1395w-3(a)(7)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Certain blood glucose self-testing equipment 
                and supplies.--
                            ``(i) In general.--Blood glucose self-
                        testing equipment and supplies furnished by a 
                        retail community pharmacy (as defined in 
                        section 1927(k)(10)) that is a small business 
                        concern (as defined in section 3(a) of the 
                        Small Business Act (15 U.S.C. 632(a)).
                            ``(ii) Blood glucose self-testing equipment 
                        and supplies defined.--For purposes of this 
                        subparagraph, the term `blood glucose self-
                        testing equipment and supplies' includes blood 
                        glucose monitors, blood-testing strips, lancet 
                        devices and lancets, and glucose control 
                        solutions for checking the accuracy of the 
                        monitors and testing strips.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) shall apply on and after the 
        date of the enactment of this Act.
            (2) Effective date in areas with contracts.--If contracts 
        for a competitive acquisition area for blood glucose self-
        testing equipment and supplies are (or have been) entered into 
        under a competition for which the close of bidding was on or 
        before the date of the enactment of this Act, the amendment 
        made by subsection (a) shall apply in the area on and after the 
        date on which all such contracts have expired.
            (3) Definitions.--For purposes of this subsection--
                    (A) the term ``close of bidding'' means the final 
                date specified by the Secretary of Health and Human 
                Services for submission of bids; and
                    (B) the term ``competition'' means a competition 
                conducted pursuant to section 1847(b)(1) of the Social 
                Security Act (42 U.S.C. 1395w-3(b)(1)).
                                 <all>
```