I 
113TH CONGRESS 
1ST SESSION H. R. 2375 
To delay for at least 6 months the implementation of round 1 recompete 
and round 2 of the Medicare durable medical equipment (DME) competi-
tive bidding program and of the national mail order program for diabetic 
testing supplies to permit Congress an opportunity to reform the competi-
tive bidding program, to provide for an evaluation of that program 
by an auction expert team, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2013 
Mr. THOMPSON of Pennsylvania (for himself and Mr. BRALEY of Iowa) intro-
duced 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 delay for at least 6 months the implementation of round 
1 recompete and round 2 of the Medicare durable med-
ical equipment (DME) competitive bidding program and 
of the national mail order program for diabetic testing 
supplies to permit Congress an opportunity to reform 
the competitive bidding program, to provide for an eval-
uation of that program by an auction expert team, and 
for other purposes. 
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. SHORT TITLE. 
This Act may be cited as the ‘‘Transparency and Ac-
countability in Medicare Bidding Act of 2013’’. 
SEC. 2. DELAY IN IMPLEMENTING THE MEDICARE DME 
COMPETITIVE BIDDING PROGRAM AND THE 
NATIONAL MAIL ORDER PROGRAM FOR DIA-
BETIC TESTING SUPPLIES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Health and Human Services 
shall delay from July 1, 2013, to a date that is no earlier 
than December 31, 2013, the dates of implementation 
of— 
(1) round 2 of the DMEPOS competitive bid-
ding program under section 1847 of the Social Secu-
rity Act (42 U.S.C. 1395w–3); and 
(2) the single payment amounts under the na-
tional mail order competition for diabetic supplies 
under such section. 
(b) ROUND 1 RECOMPETE DELAY.—Notwithstanding 
any other provision of law, the Secretary of Health and 
Human Services shall delay the start of round 1 recompete 
of such DMEPOS competitive bidding program from Jan-
uary 1, 2014, to a date that is no earlier than 6 months 
after the date of initial implementation of round 2 of such 
program. 
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SEC. 3. EVALUATION OF DMEPOS COMPETITIVE BIDDING 
PROGRAM BY AUCTION EXPERT TEAM. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’), not later than 3 months after the date of the 
enactment of this Act and acting through the Office of 
the Assistant Secretary for Planning and Evaluation, shall 
contract 3 auction experts, a health economist, and an 
econometrician to work as a team (in this section collec-
tively referred to as the ‘‘auction expert team’’), led by 
the auction experts, to independently review and assess all 
aspects of round 1 re-bid and round 2 of the DMEPOS 
competitive bidding program under section 1847 of the 
Social Security Act (42 U.S.C. 1395w–3), including the 
design, development, implementation, adequacy of support 
for Medicare beneficiaries with chronic illness or disabil-
ities, market fairness, sustainability, and functioning of 
such program. 
(b) SELECTION OF AUCTION EXPERT TEAM.— 
(1) IN GENERAL.—The selection of the experts 
on the auction expert team under subsection (a) 
shall be undertaken through a competitive process. 
(2) DISQUALIFICATIONS.—An individual shall 
not be selected for the auction expert team if such 
individual— 
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(A) is a current or former employee of the 
Centers for Medicare & Medicaid Services; 
(B) is a current or former contractor for 
the Centers for Medicare & Medicaid Services 
that participated in the design or implementa-
tion of the DMEPOS competitive bidding pro-
gram; 
(C) does not have significant experience in 
implementing auctions of similar complexity in 
government programs; and 
(D) does not have appropriate educational 
credentials. 
(c) ACCESS TO INFORMATION.—The Secretary shall 
make available to the auction expert team all applicable 
information (including confidential information) on the 
DMEPOS competitive bidding program in its entirety (in-
cluding information on its design and the bidding under 
round 1, round 1 re-bid, and round 2). 
(d) REPORT TO SECRETARY AND CONGRESS.— 
(1) IN
GENERAL.—Not later than 4 months 
after the date the Secretary enters into the contract 
with the experts under subsection (a), the auction 
expert team shall submit a report to the Secretary 
and to the Congress on its assessment and review 
under subsection (a). 
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