I 
111TH CONGRESS 
2D SESSION 
H. R. 5235 
To amend title XVIII of the Social Security Act to exempt blood glucose 
self-testing equipment and supplies furnished by small retail community 
pharmacies from Medicare competitive acquisition programs. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2010 
Mr. WELCH (for himself and Mr. ROGERS of Michigan) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title XVIII of the Social Security Act to exempt 
blood glucose self-testing equipment and supplies fur-
nished by small retail community pharmacies from Medi-
care competitive acquisition programs. 
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 ‘‘Medicare Access to 
Diabetes Supplies Act’’. 
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SEC. 2. EXEMPTION OF BLOOD GLUCOSE SELF-TESTING 
EQUIPMENT AND SUPPLIES FURNISHED BY 
SMALL RETAIL COMMUNITY PHARMACIES 
FROM 
MEDICARE 
COMPETITIVE 
ACQUISI-
TION PROGRAMS. 
(a) IN GENERAL.—Section 1847(a)(7) of the Social 
Security Act (42 U.S.C. 1395w–3(a)(7)) is amended by 
adding at the end the following new subparagraph: 
‘‘(C) CERTAIN
BLOOD
GLUCOSE
SELF- 
TESTING EQUIPMENT AND SUPPLIES.— 
‘‘(i) IN GENERAL.—Blood glucose self- 
testing equipment and supplies furnished 
by a retail community pharmacy (as de-
fined in section 1927(k)(10)) that is a 
small business concern (as defined in sec-
tion 3(a) of the Small Business Act (15 
U.S.C. 632(a)). 
‘‘(ii) BLOOD GLUCOSE SELF-TESTING 
EQUIPMENT
AND
SUPPLIES
DEFINED.— 
For purposes of this subparagraph, the 
term ‘blood glucose self-testing equipment 
and supplies’ includes blood glucose mon-
itors, blood-testing strips, lancet devices 
and lancets, and glucose control solutions 
for checking the accuracy of the monitors 
and testing strips.’’. 
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(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a) 
shall apply on and after the date of the enactment 
of this Act. 
(2) EFFECTIVE
DATE
IN
AREAS
WITH
CON-
TRACTS.—If contracts for a competitive acquisition 
area for blood glucose self-testing equipment and 
supplies are (or have been) entered into under a 
competition for which the close of bidding was on or 
before the date of the enactment of this Act, the 
amendment made by subsection (a) shall apply in 
the area on and after the date on which all such 
contracts have expired. 
(3) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘close of bidding’’ means the 
final date specified by the Secretary of Health 
and Human Services for submission of bids; 
and 
(B) the term ‘‘competition’’ means a com-
petition 
conducted 
pursuant 
to 
section 
1847(b)(1) of the Social Security Act (42 
U.S.C. 1395w–3(b)(1)). 
Æ 
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