I 
111TH CONGRESS 
1ST SESSION H. R. 3790 
To amend title XVIII of the Social Security Act to repeal the Medicare 
competitive acquisition program for durable medical equipment and pros-
thetics, orthotics, and supplies (DMEPOS) in a budget neutral manner. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 13, 2009 
Mr. MEEK of Florida (for himself, Mr. MAFFEI, Mrs. EMERSON, Mr. FARR, 
Mr. THOMPSON
of Pennsylvania, Mr. ALTMIRE, Ms. WASSERMAN 
SCHULTZ, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. BOCCIERI, Mr. 
KLEIN of Florida, Mr. SHULER, Mr. RYAN of Ohio, Mr. WEXLER, Mr. 
MURTHA, Mr. HASTINGS of Florida, Mr. TIBERI, and Ms. FUDGE) 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 amend title XVIII of the Social Security Act to repeal 
the Medicare competitive acquisition program for durable 
medical equipment and prosthetics, orthotics, and sup-
plies (DMEPOS) in a budget neutral manner. 
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. REPEAL OF MEDICARE DMEPOS COMPETITIVE 
ACQUISITION PROGRAM. 
(a) IN GENERAL.—Section 1847 of the Social Secu-
rity Act (42 U.S.C. 1395w–3) is repealed. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The repeal made by sub-
section (a) shall take effect on the date of the enact-
ment of this Act. 
(2) IMPACT ON CURRENT CONTRACTS.—In the 
case of any contract awarded under section 1847 of 
the Social Security Act before the date of the repeal 
of such section— 
(A) the contract is terminated; 
(B) no payment shall be made under title 
XVIII of such Act on or after the date of the 
enactment of this Act based on such a contract; 
and 
(C) to the extent that any damages may be 
applicable as a result of the termination of such 
contracts, such damages shall be payable from 
the Federal Supplementary Medical Insurance 
Trust Fund under section 1841 of such Act. 
(3) CONSTRUCTION.—Nothing in this sub-
section shall be construed to provide an independent 
cause of action or right to administrative or judicial 
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review with regard to the termination provided 
under this subsection. 
(c) PAY-FOR THROUGH CHANGE IN COVERED ITEM 
UPDATE.—Section 1834(a)(14) of the Social Security Act 
(42 U.S.C. 1395m(a)(14)) is amended by redesignating 
subparagraph (M) as subparagraph (O) and by striking 
subparagraphs (K) and (L) and inserting the following: 
‘‘(K) for 2010, 2011, and 2012— 
‘‘(i) in the case of complex rehabilita-
tive power wheelchairs recognized by the 
Secretary as classified within group 3 or 
higher, the percentage increase in the con-
sumer price index for all urban consumers 
(U.S. urban average) for the 12-month pe-
riod ending with June of the previous year; 
and 
‘‘(ii) in the case of other items and 
services, ¥0.25 percentage points; 
‘‘(L) for 2013, the percentage increase in 
the consumer price index for all urban con-
sumers (U.S. urban average) for the 12-month 
period ending with June 2012; 
‘‘(M) for 2014— 
‘‘(i) in the case of complex rehabilita-
tive power wheelchairs recognized by the 
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Secretary as classified within group 3 or 
higher, the percentage increase in the con-
sumer price index for all urban consumers 
(U.S. urban average) for the 12-month pe-
riod ending with June 2013 plus 2.0 per-
centage points; and 
‘‘(ii) in the case of other items and 
services, the percentage increase in the 
consumer price index for all urban con-
sumers (U.S. urban average) for the 12- 
month period ending with June 2013; 
‘‘(N) for 2015— 
‘‘(i) in the case of complex rehabilita-
tive power wheelchairs recognized by the 
Secretary as classified within group 3 or 
higher, the percentage increase in the con-
sumer price index for all urban consumers 
(U.S. urban average) for the 12-month pe-
riod ending with June of the previous year; 
and 
‘‘(ii) in the case of other items and 
services, ¥0.5 percentage points; and’’. 
Æ 
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