248 
model of prior authorization described in para-
graph (2) of section 515(a) of the Medicare Ac-
cess and CHIP Reauthorization Act of 2015 
meets the requirements described in paragraphs 
(1) through (3) of section 1115A(c), then the 
Secretary shall expand such model to all States. 
‘‘(B) FUNDING.—The Secretary shall use 
funds made available under section 1893(h)(10) 
to carry out this paragraph. 
‘‘(C) CLARIFICATION REGARDING BUDGET 
NEUTRALITY.—Nothing in this paragraph may 
be construed to limit or modify the application 
of section 1115A(b)(3)(B) to models described 
in such section, including with respect to the 
model described in subparagraph (A) and ex-
panded beginning on January 1, 2017, under 
such subparagraph.’’. 
SEC. 
516. 
REPEALING 
DUPLICATIVE 
MEDICARE 
SEC-
ONDARY PAYOR PROVISION. 
(a) IN GENERAL.—Section 1862(b)(5) of the Social 
Security Act (42 U.S.C. 1395y(b)(5)) is amended by in-
serting at the end the following new subparagraph: 
‘‘(E) END DATE.—The provisions of this 
paragraph shall not apply to information re-
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quired to be provided on or after July 1, 
2016.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to information required 
to be provided on or after January 1, 2016. 
SEC. 517. PLAN FOR EXPANDING DATA IN ANNUAL CERT 
REPORT. 
Not later than June 30, 2015, the Secretary of 
Health and Human Services shall submit to the Com-
mittee on Finance of the Senate, and to the Committees 
on Energy and Commerce and Ways and Means of the 
House of Representatives— 
(1) a plan for including, in the annual report of 
the Comprehensive Error Rate Testing (CERT) pro-
gram, data on services (or groupings of services) 
(other than medical visits) paid under the physician 
fee schedule under section 1848 of the Social Secu-
rity Act (42 U.S.C. 1395w–4) where the fee sched-
ule amount is in excess of $250 and where the error 
rate is in excess of 20 percent; and 
(2) to the extent practicable by such date, spe-
cific examples of services described in paragraph (1). 
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SEC. 518. REMOVING FUNDS FOR MEDICARE IMPROVE-
MENT FUND ADDED BY IMPACT ACT OF 2014. 
Section 1898(b)(1) of the Social Security Act (42 
U.S.C. 1395iii(b)(1)), as amended by section 3(e)(3) of 
the IMPACT Act of 2014 (Public Law 113–185), is 
amended by striking ‘‘$195,000,000’’ and inserting ‘‘$0’’. 
SEC. 519. RULE OF CONSTRUCTION. 
Except as explicitly provided in this subtitle, nothing 
in this subtitle, including the amendments made by this 
subtitle, shall be construed as preventing the use of notice 
and comment rulemaking in the implementation of the 
provisions of, and the amendments made by, this subtitle. 
Subtitle B—Other Provisions 
SEC. 521. EXTENSION OF TWO-MIDNIGHT PAMA RULES ON 
CERTAIN MEDICAL REVIEW ACTIVITIES. 
Section 111 of the Protecting Access to Medicare Act 
of 2014 (Public Law 113–93; 42 U.S.C. 1395ddd note) 
is amended— 
(1) in subsection (a), by striking ‘‘the first 6 
months of fiscal year 2015’’ and inserting ‘‘through 
the end of fiscal year 2015’’; 
(2) in subsection (b), by striking ‘‘March 31, 
2015’’ and inserting ‘‘September 30, 2015’’; and 
(3) by adding at the end the following new sub-
section: 
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‘‘(c) CONSTRUCTION.—Except as provided in sub-
sections (a) and (b), nothing in this section shall be con-
strued as limiting the Secretary’s authority to pursue 
fraud and abuse activities under such section 1893(h) or 
otherwise.’’. 
SEC. 522. REQUIRING BID SURETY BONDS AND STATE LI-
CENSURE FOR ENTITIES SUBMITTING BIDS 
UNDER THE MEDICARE DMEPOS COMPETI-
TIVE ACQUISITION PROGRAM. 
(a) BID SURETY BONDS.—Section 1847(a)(1) of the 
Social Security Act (42 U.S.C. 1395w–3(a)(1)) is amend-
ed by adding at the end the following new subparagraphs: 
‘‘(G) REQUIRING BID BONDS FOR BIDDING 
ENTITIES.—With respect to rounds of competi-
tions beginning under this subsection for con-
tracts beginning not earlier than January 1, 
2017, and not later than January 1, 2019, an 
entity may not submit a bid for a competitive 
acquisition area unless, as of the deadline for 
bid submission, the entity has obtained (and 
provided the Secretary with proof of having ob-
tained) a bid surety bond (in this paragraph re-
ferred to as a ‘bid bond’) in a form specified by 
the Secretary consistent with subparagraph (H) 
and in an amount that is not less than $50,000 
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and not more than $100,000 for each competi-
tive acquisition area in which the entity submits 
the bid. 
‘‘(H) TREATMENT
OF
BID
BONDS
SUB-
MITTED.— 
‘‘(i) FOR BIDDERS THAT SUBMIT BIDS 
AT OR BELOW THE MEDIAN AND ARE OF-
FERED
BUT
DO
NOT
ACCEPT
THE
CON-
TRACT.—In the case of a bidding entity 
that is offered a contract for any product 
category for a competitive acquisition area, 
if— 
‘‘(I) the entity’s composite bid 
for such product category and area 
was at or below the median composite 
bid rate for all bidding entities in-
cluded in the calculation of the single 
payment amounts for such product 
category and area; and 
‘‘(II) the entity does not accept 
the contract offered for such product 
category and area, 
the bid bond submitted by such entity for 
such area shall be forfeited by the entity 
and the Secretary shall collect on it. 
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