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 juris-
diction 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 dura-
ble medical equipment after the 13-month capped rental 
period ends. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. ELECTION TO TAKE OWNERSHIP, OR TO DE-
CLINE OWNERSHIP, OF A CERTAIN ITEM OF 
COMPLEX DURABLE MEDICAL EQUIPMENT 
AFTER THE 13-MONTH CAPPED RENTAL PE-
RIOD ENDS. 
(a) IN GENERAL.—Section 1834(a)(7)(A) of the So-
cial Security Act (42 U.S.C. 1395m(a)(7)(A)) is amend-
ed— 
(1) in clause (ii)— 
(A) by striking ‘‘RENTAL.—On’’ and in-
serting ‘‘RENTAL.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), on’’; and 
(B) by adding at the end the following new 
subclause: 
‘‘(II) OPTION TO ACCEPT OR RE-
JECT TRANSFER OF TITLE TO GROUP 
3 SUPPORT SURFACE.— 
‘‘(aa) IN GENERAL.—During 
the 10th continuous month dur-
ing which payment is made for 
the rental of a Group 3 Support 
Surface under clause (i), the sup-
plier of such item shall offer the 
individual the option to accept or 
reject transfer of title to a Group 
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3 Support Surface after the 13th 
continuous month during which 
payment is made for the rental of 
the Group 3 Support Surface 
under clause (i). Such title shall 
be transferred to the individual 
only if the individual notifies the 
supplier not later than 1 month 
after the supplier makes such 
offer that the individual agrees to 
accept transfer of the title to the 
Group 3 Support Surface. Unless 
the individual accepts transfer of 
title to the Group 3 Support Sur-
face in the manner set forth in 
this subclause, the individual 
shall be deemed to have rejected 
transfer of title. If the individual 
agrees to accept the transfer of 
the title to the Group 3 Support 
Surface, the supplier shall trans-
fer such title to the individual on 
the first day that begins after the 
13th continuous month during 
which payment is made for the 
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rental of the Group 3 Support 
Surface under clause (i). If the 
supplier transfers title to the 
Group 3 Support Surface under 
this 
subclause, 
payments 
for 
maintenance and servicing after 
the transfer of title shall be made 
in accordance with clause (iv). If 
the individual rejects transfer of 
title under this subclause, pay-
ments for maintenance and serv-
icing after the end of the period 
of medical need during which 
payment is made under clause (i) 
shall be made in accordance with 
clause (v). 
‘‘(bb) SPECIAL
RULE.—If, 
on the effective date of this sub-
clause, an individual’s rental pe-
riod for a Group 3 Support Sur-
face has exceeded 10 continuous 
months, but the first day that be-
gins after the 13th continuous 
month during which payment is 
made for the rental under clause 
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(i) has not been reached, the sup-
plier shall, within 1 month fol-
lowing such effective date, offer 
the individual the option to ac-
cept or reject transfer of title to 
a Group 3 Support Surface. Such 
title shall be transferred to the 
individual only if the individual 
notifies the supplier not later 
than 1 month after the supplier 
makes such offer that the indi-
vidual agrees to accept transfer 
of title to the Group 3 Support 
Surface. Unless the individual ac-
cepts transfer of title to the 
Group 3 Support Surface in the 
manner set forth in this sub-
clause, the individual shall be 
deemed to have rejected transfer 
of title. If the individual agrees 
to accept the transfer of the title 
to the Group 3 Support Surface, 
the supplier shall transfer such 
title to the individual on the first 
day that begins after the 13th 
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continuous month during which 
payment is made for the rental of 
the Group 3 Support Surface 
under clause (i) unless that day 
has passed, in which case the 
supplier shall transfer such title 
to the individual not later than 1 
month after notification that the 
individual accepts transfer of 
title. If the supplier transfers 
title to the Group 3 Support Sur-
face under this subclause, pay-
ments for maintenance and serv-
icing after the transfer of title 
shall be made in accordance with 
clause (iv). If the individual re-
jects transfer of title under this 
subclause, payments for mainte-
nance and servicing after the end 
of the period of medical need 
during which payment is made 
under clause (i) shall be made in 
accordance with clause (v).’’; 
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(2) in clause (iv), in the heading, by inserting 
‘‘AFTER TRANSFER OF TITLE’’ after ‘‘SERVICING’’; 
and 
(3) by adding at the end the following new 
clause: 
‘‘(v) MAINTENANCE
AND
SERVICING 
OF GROUP 3 SUPPORT SURFACE IF INDI-
VIDUAL REJECTS TRANSFER OF TITLE.— 
In the case of a Group 3 Support Surface 
for which the individual has rejected trans-
fer of title under subclause (ii)(II)— 
‘‘(I) during the first 6-month pe-
riod of medical need that follows the 
period of medical need during which 
payment is made under clause (i), no 
payment shall be made for rental or 
maintenance and servicing of the 
Group 3 Support Surface; and 
‘‘(II) during the first month of 
each succeeding 6-month period of 
medical need, a maintenance and serv-
icing payment may be made (for parts 
and labor not covered by the sup-
plier’s or manufacturer’s warranty, as 
determined by the Secretary to be ap-
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propriate for the Group 3 Support 
Surface) and the amount recognized 
for each such 6-month period is the 
lower of— 
‘‘(aa) a reasonable and nec-
essary maintenance and servicing 
fee or fees established by the Sec-
retary; or 
‘‘(bb) 10 percent of the total 
of the purchase price recognized 
under paragraph (8) with respect 
to the Group 3 Support Sur-
face.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act. 
Æ 
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