I 
113TH CONGRESS 
2D SESSION 
H. R. 5808 
To amend title XVIII of the Social Security Act in order to strengthen 
rules applied in case of competition for diabetic testing strips, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2014 
Ms. DEGETTE (for herself and Mr. REED) introduced 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act in order 
to strengthen rules applied in case of competition for 
diabetic testing strips, 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 ‘‘Protecting Access to 
Diabetes Supplies of 2014’’. 
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SEC. 2. STRENGTHENING RULES APPLIED IN CASE OF COM-
PETITION FOR DIABETIC TESTING STRIPS. 
(a) SPECIAL RULE APPLIED IN CASE OF COMPETI-
TION FOR DIABETIC 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: ‘‘The volume for such types of prod-
ucts shall be determined through the use of 
multiple sources of data that measure consump-
tion and utilization of diabetic testing strips 
among individuals in the United States.’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(C) DEMONSTRATION
OF
ABILITY
TO 
FURNISH
TYPES
OF
DIABETIC
TESTING 
STRIPS.—With respect to the program de-
scribed in subparagraph (A), the Secretary shall 
reject a bid submitted by an entity if the entity 
does not, as part of the demonstration to the 
Secretary described in such subparagraph sub-
mitted by the entity, demonstrate that the enti-
ty has an ability to furnish the types of diabetic 
testing strips included in its bid, including an 
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ability to obtain and maintain an inventory of 
such strips by volume in a manner consistent 
with its bid. 
‘‘(D) USE OF UNLISTED TYPES IN CAL-
CULATION
OF
PERCENTAGE.—In determining 
under subparagraph (A) whether a bid sub-
mitted by an entity under such subparagraph 
covers 50 percent (or such higher percentage as 
the Secretary may specify) of all types of dia-
betic testing strip products, the Secretary may 
not attribute a percentage to types of diabetic 
testing strips that the Secretary does not pro-
vide the entity with the option to identify by 
type and market share volume. 
‘‘(E) CONTRACT REQUIREMENT.—Any con-
tract entered into with an entity for diabetic 
testing strips under the competition conducted 
pursuant to paragraph (1) shall include a re-
quirement that the entity offers, makes avail-
able to, and maintains in inventory of (or other-
wise has ready access to, such as through pur-
chasing contracts) each of the types of diabetic 
testing strip products that is included in the bid 
submitted by the entity. In the case that an en-
tity enters into such a contract with the Sec-
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retary and fails to fulfill the requirement de-
scribed in the preceding sentence, the Secretary 
shall terminate such contract. 
‘‘(F) MONITORING ADHERENCE TO DEM-
ONSTRATION.—The Secretary shall establish a 
process to monitor, on an ongoing basis, the ex-
tent to which an entity that enters into a con-
tract with the Secretary for diabetic testing 
strips under the competition conducted pursu-
ant to paragraph (1) adheres to the demonstra-
tion that the entity provided to the Secretary 
under subparagraph (A).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1847(b)(3)(A) of the Social Security Act (42 U.S.C. 
1395w–3(b)(3)(A)) is amended by adding at the end 
the following new sentence: ‘‘In the case that such 
a contract is for diabetic testing strips, such con-
tract shall include the information required under 
paragraph (10)(E).’’ 
(b) CODIFYING AND EXPANDING ANTI-SWITCHING 
RULE.—Section 1847(b) of the Social Security Act (42 
U.S.C. 1395w–3(b)), as amended by subsection (a)(1), is 
further amended— 
(1) by redesignating paragraph (11) as para-
graph (12); and 
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(2) by inserting after paragraph (10) the fol-
lowing new paragraph: 
‘‘(11) ADDITIONAL SPECIAL RULE IN CASE OF 
COMPETITION FOR DIABETIC TESTING STRIPS.— 
‘‘(A) IN GENERAL.—With respect to dia-
betic testing strips furnished by an entity to an 
individual under the competitive acquisition 
program established under this section, the en-
tity shall furnish to the individual the brand of 
such strips that is compatible with the home 
blood glucose monitor selected by the individual. 
‘‘(B) PROHIBITION ON INFLUENCING AND 
INCENTIVIZING.—An entity described in sub-
paragraph (A) may not attempt to influence or 
incentivize the individual described in such sub-
paragraph to switch the brand of glucose mon-
itor or testing strips selected by the individual, 
including by— 
‘‘(i) persuading, pressuring, or advis-
ing the individual to switch such brand; or 
‘‘(ii) furnishing information about al-
ternative brands to the individual in the 
case that the individual has not requested 
such information. 
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‘‘(C) PROVISION
OF
INFORMATION.—An 
entity described in subparagraph (A) may not 
communicate directly to an individual described 
in such subparagraph until the entity has ver-
bally provided the individual with standardized 
information, to be supplied to the entity by the 
Secretary, that describes the rights of the indi-
vidual with respect to the entity. The informa-
tion described in the preceding sentence shall 
include information regarding— 
‘‘(i) the requirements established in 
subparagraphs (A) and (B); 
‘‘(ii) the right of the individual to con-
tact other mail order suppliers of diabetic 
testing strips or to purchase such strips at 
a retail pharmacy in the case that the enti-
ty is not able to furnish the brand of such 
strips that is compatible with the home 
blood glucose monitor selected by the indi-
vidual; and 
‘‘(iii) the right of the individual de-
scribed in subparagraph (D) to reject dia-
betic testing strips furnished to the indi-
vidual by the entity. 
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‘‘(D) INDIVIDUALS ALLOWED TO SWITCH 
FROM UNWANTED PRODUCTS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall establish a process under which an 
individual furnished with diabetic testing 
strips under the competitive acquisition 
program established under this section 
may reject the strips by notification, in-
cluding notification by telephone or elec-
tronic mail, to the supplier and to the Sec-
retary. 
‘‘(ii) 
CONSEQUENCES
OF
REJEC-
TION.—In the case that an individual re-
jects diabetic testing strips under clause 
(i)— 
‘‘(I) any payment made to the 
supplier under this title for a portion 
of such strips furnished for use during 
the period beginning with the date on 
which the individual rejects the strips 
shall be recovered by the Secretary; 
and 
‘‘(II) the individual may obtain 
different diabetic testing strips from a 
supplier, and the Secretary shall proc-
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ess a claim for such different diabetic 
testing strips without regard to any 
benefit or coverage limitations arising 
from the fact that a claim has already 
been submitted and payment made for 
the rejected diabetic testing strips. 
‘‘(iii) 
PROHIBITION
ON
FUTURE 
CLAIMS.—In the case that an individual re-
jects diabetic testing strips under clause 
(i), the supplier who supplied the rejected 
diabetic testing strips to the individual 
may not submit additional claims for pay-
ment on behalf of the individual for the 
type or brand of diabetic testing strips so 
rejected by the individual, unless the indi-
vidual makes a separate expression of con-
sent to the supplier to be furnished with 
such type or brand of diabetic testing 
strips by the supplier.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to diabetic testing 
strips furnished on or after July 1, 2016. 
Æ 
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