products, the Secretary may not attribute a per-
centage to types of diabetic testing strip products 
that the Secretary does not identify by brand, 
model, and market share volume. 
‘‘(E) ADHERENCE TO DEMONSTRATION.— 
‘‘(i) IN GENERAL.—In the case of an 
entity that is furnishing diabetic testing 
strip products on or after January 1, 2019, 
under a contract entered into under the 
competition conducted pursuant to para-
graph (1), the Secretary shall establish a 
process to monitor, on an ongoing basis, the 
extent to which such entity continues to 
cover the product types included in the enti-
ty’s bid. 
‘‘(ii) TERMINATION.—If the Secretary 
determines that an entity described in 
clause (i) fails to maintain in inventory, or 
otherwise maintain ready access to (through 
requirements, contracts, or otherwise) a type 
of product included in the entity’s bid, the 
Secretary may terminate such contract un-
less the Secretary finds that the failure of 
the entity to maintain inventory of, or 
ready access to, the product is the result of 
VerDate Sep 11 2014 
00:25 Dec 07, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H3271.RH
H3271
lotter on DSKBCFDHB2PROD with BILLS
the discontinuation of the product by the 
product manufacturer, a market-wide short-
age of the product, or the introduction of a 
newer model or version of the product in the 
market involved.’’. 
(b) CODIFYING
AND
EXPANDING
ANTI-SWITCHING 
RULE.—Section 1847(b) of the Social Security Act (42 
U.S.C. 1395w–3(b)), as amended by subsection (a)(1), is 
further amended— 
(1) by redesignating paragraph (11) as para-
graph (12); and 
(2) by inserting after paragraph (10) the fol-
lowing new paragraph: 
‘‘(11) ADDITIONAL SPECIAL RULES IN CASE OF 
COMPETITION FOR DIABETIC TESTING STRIPS.— 
‘‘(A) IN GENERAL.—With respect to an enti-
ty that is furnishing diabetic testing strip prod-
ucts to individuals under a contract entered into 
under the competitive acquisition program estab-
lished under this section, the entity shall furnish 
to each individual a brand of such products that 
is compatible with the home blood glucose mon-
itor selected by the individual. 
‘‘(B) PROHIBITION
ON
INFLUENCING
AND 
INCENTIVIZING.—An entity described in sub-
VerDate Sep 11 2014 
00:25 Dec 07, 2017
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H3271.RH
H3271
lotter on DSKBCFDHB2PROD with BILLS
paragraph (A) may not attempt to influence or 
incentivize an individual to switch the brand of 
glucose monitor or diabetic testing strip product 
selected by the individual, including by— 
‘‘(i) persuading, pressuring, or advis-
ing the individual to switch; or 
‘‘(ii) furnishing information about al-
ternative brands to the individual where the 
individual has not requested such informa-
tion. 
‘‘(C) PROVISION OF INFORMATION.— 
‘‘(i) STANDARDIZED
INFORMATION.— 
Not later than January 1, 2019, the Sec-
retary shall develop and make available to 
entities described in subparagraph (A) 
standardized information that describes the 
rights of an individual with respect to such 
an entity. The information described in the 
preceding sentence shall include information 
regarding— 
‘‘(I) the requirements established 
under subparagraphs (A) and (B); 
‘‘(II) the right of the individual to 
purchase diabetic testing strip products 
from another mail order supplier of 
VerDate Sep 11 2014 
00:25 Dec 07, 2017
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H3271.RH
H3271
lotter on DSKBCFDHB2PROD with BILLS
such products or a retail pharmacy if 
the entity is not able to furnish the 
brand of such product that is compat-
ible with the home blood glucose mon-
itor selected by the individual; and 
‘‘(III) the right of the individual 
to return diabetic testing strip prod-
ucts furnished to the individual by the 
entity. 
‘‘(ii) REQUIREMENT.—With respect to 
diabetic testing strip products furnished on 
or after the date on which the Secretary de-
velops the standardized information under 
clause (i), an entity described in subpara-
graph (A) may not communicate directly to 
an individual until the entity has verbally 
provided the individual with such standard-
ized information. 
‘‘(D) ORDER REFILLS.—With respect to di-
abetic testing strip products furnished on or 
after January 1, 2019, the Secretary shall re-
quire an entity furnishing diabetic testing strip 
products to an individual to contact and receive 
a request from the individual for such products 
VerDate Sep 11 2014 
00:25 Dec 07, 2017
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H3271.RH
H3271
lotter on DSKBCFDHB2PROD with BILLS
not more than 14 days prior to dispensing a re-
fill of such products to the individual.’’. 
(c) IMPLEMENTATION; NON-APPLICATION OF THE PA-
PERWORK REDUCTION ACT.— 
(1) 
IMPLEMENTATION.—Notwithstanding 
any 
other provision of law, the Secretary of Health and 
Human Services may implement the provisions of, 
and amendments made by, this section by program 
instruction or otherwise. 
(2) NON-APPLICATION OF THE PAPERWORK RE-
DUCTION ACT.—Chapter 35 of title 44, United States 
Code (commonly referred to as the ‘‘Paperwork Re-
duction Act of 1995’’), shall not apply to this section 
or the amendments made by this section. 
VerDate Sep 11 2014 
00:25 Dec 07, 2017
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H3271.RH
H3271
lotter on DSKBCFDHB2PROD with BILLS
Union Calendar No. 329 
115TH CONGRESS 
1ST SESSION 
H. R. 3271 
[Report No. 115–447, Part I] 
A BILL 
To amend title XVIII of the Social Security Act in 
order to strengthen rules in case of competition 
for diabetic testing strips, and for other pur-
poses. 
DECEMBER 6, 2017 
Reported from the Committee on Energy and Commerce 
with an amendment 
DECEMBER 6, 2017 
The Committee on Ways and Means discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
00:25 Dec 07, 2017
Jkt 079200
PO 00000
Frm 00010
Fmt 6651
Sfmt 6651
E:\BILLS\H3271.RH
H3271
lotter on DSKBCFDHB2PROD with BILLS