I 

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. 

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 ‘‘Medicare Access to 

5 Diabetes Supplies Act’’. 


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•HR 5235 IH

1 SEC. 2. EXEMPTION OF BLOOD GLUCOSE SELF-TESTING 

2 EQUIPMENT AND SUPPLIES FURNISHED BY 

3 SMALL RETAIL COMMUNITY PHARMACIES 

4 FROM MEDICARE COMPETITIVE ACQUISI5 TION PROGRAMS. 

6 (a) IN GENERAL.—Section 1847(a)(7) of the Social 

7 Security Act (42 U.S.C. 1395w–3(a)(7)) is amended by 

8 adding at the end the following new subparagraph: 

9 ‘‘(C) CERTAIN BLOOD GLUCOSE SELF10 TESTING EQUIPMENT AND SUPPLIES.— 

11 ‘‘(i) IN GENERAL.—Blood glucose self12 testing equipment and supplies furnished 

13 by a retail community pharmacy (as de14 fined in section 1927(k)(10)) that is a 

15 small business concern (as defined in sec16 tion 3(a) of the Small Business Act (15 

17 U.S.C. 632(a)). 

18 ‘‘(ii) BLOOD GLUCOSE SELF-TESTING

19 EQUIPMENT AND SUPPLIES DEFINED.— 

20 For purposes of this subparagraph, the 

21 term ‘blood glucose self-testing equipment 

22 and supplies’ includes blood glucose mon23 itors, blood-testing strips, lancet devices 

24 and lancets, and glucose control solutions 

25 for checking the accuracy of the monitors 

26 and testing strips.’’. 


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•HR 5235 IH

1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendment made by subsection (a) 

4 shall apply on and after the date of the enactment 

5 of this Act. 

6 (2) EFFECTIVE DATE IN AREAS WITH CON7 TRACTS.—If contracts for a competitive acquisition 

8 area for blood glucose self-testing equipment and 

9 supplies are (or have been) entered into under a 

10 competition for which the close of bidding was on or 

11 before the date of the enactment of this Act, the 

12 amendment made by subsection (a) shall apply in 

13 the area on and after the date on which all such 

14 contracts have expired. 

15 (3) DEFINITIONS.—For purposes of this sub16 section— 

17 (A) the term ‘‘close of bidding’’ means the 

18 final date specified by the Secretary of Health 

19 and Human Services for submission of bids; 

20 and 

21 (B) the term ‘‘competition’’ means a com22 petition conducted pursuant to section 

23 1847(b)(1) of the Social Security Act (42 

24 U.S.C. 1395w–3(b)(1)). 

Æ 


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