I 
113TH CONGRESS 
1ST SESSION 
H. R. 27 
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), and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2013 
Ms. VELA´ZQUEZ introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, the Judiciary, and Small Business, 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 con-
cerned 
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), and for other purposes. 
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 ‘‘Small Supplier Fair-
ness in Bidding Competition Act of 2013’’. 
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SEC. 2. REPEAL OF MEDICARE DMEPOS COMPETITIVE AC-
QUISITION 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rity Act (42 U.S.C. 1395w–3) is repealed.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) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Administrator of the 
Centers for Medicare & Medicaid Services shall submit to 
the Committee on Small Business of the House of Rep-
resentatives and the Committee on Small Business and 
Entrepreneurship of the Senate a report providing an 
analysis of the impact of competitive bidding on small clin-
ical laboratories. 
SEC. 3. SMALL BUSINESS ADVOCACY REVIEW PANELS. 
Section 609(d) of title 5, United States Code, is 
amended— 
(1) in paragraph (2), by striking at the end 
‘‘and’’; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) the Centers for Medicare & Medicaid Serv-
ices of the Department of Health and Human Serv-
ices (solely with respect to its capacity to issue rules 
governing the Medicare part B fee schedule for clin-
ical laboratory services).’’. 
Æ 
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