I 

111TH CONGRESS 

1ST SESSION H. R. 2945 

To amend title XVIII of the Social Security Act to permit a Medicare 

beneficiary to elect to take ownership, or to decline ownership, of a 

certain item of complex durable medical equipment after the 13-month 

capped rental period ends. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2009 

Mr. HILL 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 permit 

a Medicare beneficiary to elect to take ownership, or 

to decline ownership, of a certain item of complex durable medical equipment after the 13-month capped rental 

period ends. 

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. ELECTION TO TAKE OWNERSHIP, OR TO DE2 CLINE OWNERSHIP, OF A CERTAIN ITEM OF 

3 COMPLEX DURABLE MEDICAL EQUIPMENT 

4 AFTER THE 13-MONTH CAPPED RENTAL PE5 RIOD ENDS. 

6 (a) IN GENERAL.—Section 1834(a)(7)(A) of the So7 cial Security Act (42 U.S.C. 1395m(a)(7)(A)) is amend8 ed— 

9 (1) in clause (ii)— 

10 (A) by striking ‘‘RENTAL.—On’’ and in11 serting ‘‘RENTAL.— 

12 ‘‘(I) IN GENERAL.—Except as 

13 provided in subclause (II), on’’; and 

14 (B) by adding at the end the following new 

15 subclause: 

16 ‘‘(II) OPTION TO ACCEPT OR RE17 JECT TRANSFER OF TITLE TO GROUP

18 3 SUPPORT SURFACE.— 

19 ‘‘(aa) IN GENERAL.—During 

20 the 10th continuous month dur21 ing which payment is made for 

22 the rental of a Group 3 Support 

23 Surface under clause (i), the sup24 plier of such item shall offer the 

25 individual the option to accept or 

26 reject transfer of title to a Group 


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1 3 Support Surface after the 13th 

2 continuous month during which 

3 payment is made for the rental of 

4 the Group 3 Support Surface 

5 under clause (i). Such title shall 

6 be transferred to the individual 

7 only if the individual notifies the 

8 supplier not later than 1 month 

9 after the supplier makes such 

10 offer that the individual agrees to 

11 accept transfer of the title to the 

12 Group 3 Support Surface. Unless 

13 the individual accepts transfer of 

14 title to the Group 3 Support Sur15 face in the manner set forth in 

16 this subclause, the individual 

17 shall be deemed to have rejected 

18 transfer of title. If the individual 

19 agrees to accept the transfer of 

20 the title to the Group 3 Support 

21 Surface, the supplier shall trans22 fer such title to the individual on 

23 the first day that begins after the 

24 13th continuous month during 

25 which payment is made for the 


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1 rental of the Group 3 Support 

2 Surface under clause (i). If the 

3 supplier transfers title to the 

4 Group 3 Support Surface under 

5 this subclause, payments for 

6 maintenance and servicing after 

7 the transfer of title shall be made 

8 in accordance with clause (iv). If 

9 the individual rejects transfer of 

10 title under this subclause, pay11 ments for maintenance and serv12 icing after the end of the period 

13 of medical need during which 

14 payment is made under clause (i) 

15 shall be made in accordance with 

16 clause (v). 

17 ‘‘(bb) SPECIAL RULE.—If, 

18 on the effective date of this sub19 clause, an individual’s rental pe20 riod for a Group 3 Support Sur21 face has exceeded 10 continuous 

22 months, but the first day that be23 gins after the 13th continuous 

24 month during which payment is 

25 made for the rental under clause 


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1 (i) has not been reached, the sup2 plier shall, within 1 month fol3 lowing such effective date, offer 

4 the individual the option to ac5 cept or reject transfer of title to 

6 a Group 3 Support Surface. Such 

7 title shall be transferred to the 

8 individual only if the individual 

9 notifies the supplier not later 

10 than 1 month after the supplier 

11 makes such offer that the indi12 vidual agrees to accept transfer 

13 of title to the Group 3 Support 

14 Surface. Unless the individual ac15 cepts transfer of title to the 

16 Group 3 Support Surface in the 

17 manner set forth in this sub18 clause, the individual shall be 

19 deemed to have rejected transfer 

20 of title. If the individual agrees 

21 to accept the transfer of the title 

22 to the Group 3 Support Surface, 

23 the supplier shall transfer such 

24 title to the individual on the first 

25 day that begins after the 13th 


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1 continuous month during which 

2 payment is made for the rental of 

3 the Group 3 Support Surface 

4 under clause (i) unless that day 

5 has passed, in which case the 

6 supplier shall transfer such title 

7 to the individual not later than 1 

8 month after notification that the 

9 individual accepts transfer of 

10 title. If the supplier transfers 

11 title to the Group 3 Support Sur12 face under this subclause, pay13 ments for maintenance and serv14 icing after the transfer of title 

15 shall be made in accordance with 

16 clause (iv). If the individual re17 jects transfer of title under this 

18 subclause, payments for mainte19 nance and servicing after the end 

20 of the period of medical need 

21 during which payment is made 

22 under clause (i) shall be made in 

23 accordance with clause (v).’’; 


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1 (2) in clause (iv), in the heading, by inserting 

2 ‘‘AFTER TRANSFER OF TITLE’’ after ‘‘SERVICING’’; 

3 and 

4 (3) by adding at the end the following new 

5 clause: 

6 ‘‘(v) MAINTENANCE AND SERVICING

7 OF GROUP 3 SUPPORT SURFACE IF INDI8 VIDUAL REJECTS TRANSFER OF TITLE.— 

9 In the case of a Group 3 Support Surface 

10 for which the individual has rejected trans11 fer of title under subclause (ii)(II)— 

12 ‘‘(I) during the first 6-month pe13 riod of medical need that follows the 

14 period of medical need during which 

15 payment is made under clause (i), no 

16 payment shall be made for rental or 

17 maintenance and servicing of the 

18 Group 3 Support Surface; and 

19 ‘‘(II) during the first month of 

20 each succeeding 6-month period of 

21 medical need, a maintenance and serv22 icing payment may be made (for parts 

23 and labor not covered by the sup24 plier’s or manufacturer’s warranty, as 

25 determined by the Secretary to be apVerDate Nov 24 2008 06:11 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2945.IH H2945

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1 propriate for the Group 3 Support 

2 Surface) and the amount recognized 

3 for each such 6-month period is the 

4 lower of— 

5 ‘‘(aa) a reasonable and nec6 essary maintenance and servicing 

7 fee or fees established by the Sec8 retary; or 

9 ‘‘(bb) 10 percent of the total 

10 of the purchase price recognized 

11 under paragraph (8) with respect 

12 to the Group 3 Support Sur13 face.’’. 

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

15 this section shall take effect on the date of enactment of 

16 this Act. 

Æ 


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