IB 
Union Calendar No. 329 
115TH CONGRESS 
1ST SESSION H. R. 3271 
[Report No. 115–447, Part I] 
To amend title XVIII of the Social Security Act in order to strengthen 
rules in case of competition for diabetic testing strips, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2017 
Ms. DEGETTE (for herself, Mrs. BROOKS of Indiana, and Mr. REED) 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 
DECEMBER 6, 2017 
Additional sponsors: Mr. GUTHRIE, Mr. BILIRAKIS, Mr. RODNEY DAVIS of Il-
linois, Mr. JOHNSON
of Ohio, Mr. BUCSHON, Mr. TIPTON, Mrs. 
WALORSKI, Mr. COSTELLO of Pennsylvania, Mr. LONG, and Mr. ROSKAM 
DECEMBER 6, 2017 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 6, 2017 
The Committee on Ways and Means discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 17, 2017] 
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A BILL 
To amend title XVIII of the Social Security Act in order 
to strengthen rules in case of competition for diabetic 
testing strips, and for other purposes. 
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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 ‘‘Protecting Access to Dia-
betes Supplies Act of 2017’’. 
SEC. 2. STRENGTHENING RULES IN CASE OF COMPETITION 
FOR DIABETIC TESTING STRIPS. 
(a) SPECIAL RULE IN CASE OF COMPETITION FOR DI-
ABETIC TESTING STRIPS.— 
(1) IN
GENERAL.—Paragraph (10) of section 
1847(b) of the Social Security Act (42 U.S.C. 1395w– 
3(b)) is amended— 
(A) in subparagraph (A), by striking the 
second sentence and inserting the following new 
sentence: ‘‘With respect to bids to furnish such 
types of products on or after January 1, 2019, 
the volume for such types of products shall be de-
termined by the Secretary through the use of 
multiple sources of data (from mail order and 
non-mail order Medicare markets), including 
market-based data measuring sales of diabetic 
testing strip products that are not exclusively 
sold by a single retailer from such markets.’’; 
and 
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(B) by adding at the end the following new 
subparagraphs: 
‘‘(C) DEMONSTRATION OF ABILITY TO FUR-
NISH TYPES OF DIABETIC TESTING STRIP PROD-
UCTS.—With respect to bids to furnish diabetic 
testing strip products on or after January 1, 
2019, under the program described in subpara-
graph (A), the Secretary shall reject a bid sub-
mitted by an entity if the entity does not attest 
to the Secretary and demonstrate, through letters 
of intent with manufacturers, wholesalers, or 
other suppliers, or other evidence as the Sec-
retary may specify, that the entity has the abil-
ity to obtain an inventory of the types and 
quantities of diabetic testing strip products that 
will allow the entity to furnish such products in 
a manner consistent with its bid. 
‘‘(D) USE OF UNLISTED TYPES IN CALCULA-
TION OF PERCENTAGE.—With respect to bids to 
furnish diabetic testing strip products on or after 
January 1, 2019, in determining under subpara-
graph (A) whether a bid submitted by an entity 
under such subparagraph covers 50 percent (or 
such higher percentage as the Secretary may 
specify) of all types of diabetic testing strip 
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