I 
111TH CONGRESS 
2D SESSION 
H. R. 6095 
To amend title XVIII of the Social Security Act to preserve integrated 
care for durable medical equipment under the competitive bidding pro-
gram for qualified hospital-related DME entities. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 10, 2010 
Mr. DINGELL introduced the following bill; which was referred to the Com-
mittee 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 preserve 
integrated care for durable medical equipment under the 
competitive bidding program for qualified hospital-related 
DME entities. 
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. PRESERVATION OF INTEGRATED CARE UNDER 
COMPETITIVE 
BIDDING 
PROGRAM 
FOR 
QUALIFIED HOSPITAL-RELATED DME ENTI-
TIES. 
(a) IN GENERAL.—Section 1847(a) of the Social Se-
curity Act (42 U.S.C. 1395w–3(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(8) 
TREATMENT
OF
DURABLE
MEDICAL 
EQUIPMENT FURNISHED BY QUALIFIED HOSPITAL- 
RELATED DME ENTITIES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in the case of an item or service de-
scribed in paragraph (2)(A) that is furnished by 
a qualified hospital-related DME entity (as de-
fined in subparagraph (C)) in a competitive ac-
quisition area for which a contract is in effect 
under the competition conducted pursuant to 
subsection (b)(1)— 
‘‘(i) subject to clause (ii), the pro-
grams under this section shall not apply; 
and 
‘‘(ii) payment shall be made to the 
qualified hospital-related DME entity— 
‘‘(I) without regard to whether 
the qualified hospital-related DME en-
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tity submitted a bid or was awarded 
such a contract; and 
‘‘(II) in the amount payable for 
such item or service under such con-
tract for the area and period involved 
(as determined by the Secretary). 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall apply only to items and services that are 
furnished by a qualified hospital-related DME 
entity that— 
‘‘(i) has provided assurances satisfac-
tory to the Secretary that a substantial 
majority of its patients who are enrolled 
under this part are patients of a hospital 
described in subparagraph (C)(i) or any 
provider of services affiliated with such 
hospital; and 
‘‘(ii) was either furnishing items and 
services of such type on or before April 1, 
2010, or owns and controls, is owned and 
controlled by, or is under common owner-
ship and control with, a hospital (or one or 
more hospitals and a university) that was 
furnishing such items or services of such 
type on or before such date. 
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‘‘(C) QUALIFIED HOSPITAL-RELATED DME 
ENTITY.—In this paragraph, the term ‘qualified 
hospital-related DME entity’ means a supplier 
of durable medical equipment that— 
‘‘(i) owns and controls, is owned and 
controlled by, or is under common owner-
ship and control with— 
‘‘(I) one or more hospitals; or 
‘‘(II) one or more hospitals and a 
university; and 
‘‘(ii) meets the applicable quality and 
financial 
standards 
under 
subsection 
(b)(2)(A).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to items and services furnished 
on or after the date of the enactment of this Act. 
Æ 
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