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 com-
mittee 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 for-
merly included in round 2021 of the DMEPOS competi-
tive bidding program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DMEPOS Relief Act 
of 2023’’ or the ‘‘DRA of 2023’’. 
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SEC. 2. ADJUSTMENTS TO MEDICARE PAYMENT FOR ITEMS 
OF DURABLE MEDICAL EQUIPMENT FOR-
MERLY INCLUDED IN ROUND 2021 OF THE 
DMEPOS COMPETITIVE BIDDING PROGRAM. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall implement section 414.210 of title 
42, Code of Federal Regulations, such that the fee sched-
ule amounts determined pursuant to such section for cov-
ered items furnished during the period beginning on Janu-
ary 1, 2024, and ending on December 31, 2024, shall be 
applied as if the transition rules under paragraph (g)(9) 
of such section provided that for such covered items so 
furnished, the fee schedule amount for the area involved 
is equal to 90 percent of the adjusted payment amount 
established under such section and 10 percent of the 
unadjusted fee schedule amount established under such 
section. 
(b) COVERED ITEM DEFINED.—For purposes of sub-
section (a), the term ‘‘covered item’’ means any item— 
(1) that were competed under the Round 2021 
DMEPOS Competitive Bidding Program; 
(2) for which contracts were not executed for 
such round of bidding; and 
(3) which did not, as of January 1, 2021, revert 
to the unadjusted fee schedule amount established 
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under section 414.210 of title 42, Code of Federal 
Regulations. 
SEC. 3. PAYMENT RATES FOR DURABLE MEDICAL EQUIP-
MENT IN DMEPOS NON-COMPETATIVE BID-
DING AREAS UNDER THE MEDICARE PRO-
GRAM. 
(a) AREAS OTHER THAN RURAL AND NONCONTIG-
UOUS AREAS.—The Secretary shall implement section 
414.210(g)(9)(v) of title 42, Code of Federal Regulations 
(or any successor regulation), to apply the transition rule 
described in the first sentence of such section to all appli-
cable items and services furnished in areas other than 
rural or noncontiguous areas (as such terms are defined 
for purposes of such section) through December 31, 2024. 
(b) ALL AREAS.—The Secretary shall not implement 
section 414.210(g)(9)(vi) of title 42, Code of Federal Reg-
ulations (or any successor regulation) until January 1, 
2025. 
(c) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary may implement the provi-
sions of this section by program instruction or otherwise. 
Æ 
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