I 

118TH CONGRESS 

1ST SESSION H. R. 5555 

To direct the Secretary of Health and Human Services to provide for certain 

adjustments to Medicare payment for items of durable medical equipment 

that were formerly included in round 2021 of the DMEPOS competitive 

bidding program. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2023 

Mrs. MILLER-MEEKS (for herself, Mr. TONKO, and Mrs. HINSON) 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 direct the Secretary of Health and Human Services to 

provide for certain adjustments to Medicare payment 

for items of durable medical equipment that were formerly included in round 2021 of the DMEPOS competitive bidding program. 

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 ‘‘DMEPOS Relief Act 

5 of 2023’’ or the ‘‘DRA of 2023’’. 


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•HR 5555 IH

1 SEC. 2. ADJUSTMENTS TO MEDICARE PAYMENT FOR ITEMS 

2 OF DURABLE MEDICAL EQUIPMENT FOR3 MERLY INCLUDED IN ROUND 2021 OF THE 

4 DMEPOS COMPETITIVE BIDDING PROGRAM. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human Services shall implement section 414.210 of title 

7 42, Code of Federal Regulations, such that the fee sched8 ule amounts determined pursuant to such section for cov9 ered items furnished during the period beginning on Janu10 ary 1, 2024, and ending on December 31, 2024, shall be 

11 applied as if the transition rules under paragraph (g)(9) 

12 of such section provided that for such covered items so 

13 furnished, the fee schedule amount for the area involved 

14 is equal to 90 percent of the adjusted payment amount 

15 established under such section and 10 percent of the 

16 unadjusted fee schedule amount established under such 

17 section. 

18 (b) COVERED ITEM DEFINED.—For purposes of sub19 section (a), the term ‘‘covered item’’ means any item— 

20 (1) that were competed under the Round 2021 

21 DMEPOS Competitive Bidding Program; 

22 (2) for which contracts were not executed for 

23 such round of bidding; and 

24 (3) which did not, as of January 1, 2021, revert 

25 to the unadjusted fee schedule amount established 


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•HR 5555 IH

1 under section 414.210 of title 42, Code of Federal 

2 Regulations. 

3 SEC. 3. PAYMENT RATES FOR DURABLE MEDICAL EQUIP4 MENT IN DMEPOS NON-COMPETATIVE BID5 DING AREAS UNDER THE MEDICARE PRO6 GRAM. 

7 (a) AREAS OTHER THAN RURAL AND NONCONTIG8 UOUS AREAS.—The Secretary shall implement section 

9 414.210(g)(9)(v) of title 42, Code of Federal Regulations 

10 (or any successor regulation), to apply the transition rule 

11 described in the first sentence of such section to all appli12 cable items and services furnished in areas other than 

13 rural or noncontiguous areas (as such terms are defined 

14 for purposes of such section) through December 31, 2024. 

15 (b) ALL AREAS.—The Secretary shall not implement 

16 section 414.210(g)(9)(vi) of title 42, Code of Federal Reg17 ulations (or any successor regulation) until January 1, 

18 2025. 

19 (c) IMPLEMENTATION.—Notwithstanding any other 

20 provision of law, the Secretary may implement the provi21 sions of this section by program instruction or otherwise. 

Æ 


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