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H.R. 3271

Protecting Access to Diabetes Supplies Act of 2017

Protecting Access to Diabetes Supplies Act of 2017

(Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to modify provisions relating to Medicare's competitive acquisition program (through which rates are set through a competitive bidding program rather than by an established fee schedule) with respect to diabetic testing strips. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to:

  • use specified data to determine whether a bid satisfies certain requirements related to volume of coverage with respect to such products,
  • reject a bid if the bidder does not demonstrate its ability to furnish such products in a manner consistent with its bid, and
  • establish a process to monitor the extent to which an entity continues to cover the product types included in its bid.

The CMS may terminate a contract if it determines that an entity, for reasons other than product discontinuation or market-wide shortage, fails to maintain ready access to such products included its bid.

In addition, the bill specifies that an entity furnishing such products to beneficiaries under the program: (1) must furnish to each beneficiary a brand of strips that is compatible with the beneficiary's home blood glucose monitor, (2) may not attempt to influence or incentivize a beneficiary to switch the brand of either type of product, and (3) must contact and receive a request from a beneficiary no more than 14 days prior to dispensing a refill to the beneficiary.

Placed on the Union Calendar, Calendar No. 329.

Rep. DeGette, Diana [D-CO-1](D-CO)Sponsor
12 cosponsors12 R
12cosponsors2committees15actions2related bills4subjects
  1. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 329.

  2. DischargeH12300

    Committee on Ways and Means discharged.

    Ways and Means Committee
  3. Committee5500

    Committee on Ways and Means discharged.

    Ways and Means Committee
  4. CommitteeH12200

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-447, Part I.

    Energy and Commerce Committee
  5. Committee5000

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-447, Part I.

    Energy and Commerce Committee
  6. Committee

    Ordered to be Reported by Voice Vote.

    Energy and Commerce Committee
  7. Committee

    Committee Consideration and Mark-up Session Held.

    Energy and Commerce Committee
  8. Committee

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

    Health Subcommittee
  9. Committee

    Subcommittee Consideration and Mark-up Session Held.

    Health Subcommittee
  10. Committee

    Referred to the Subcommittee on Health.

    Health Subcommittee
  11. Committee

    Referred to the Subcommittee on Health.

    Health Subcommittee
  12. IntroReferralH11100

    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.

    Ways and Means Committee
  13. IntroReferralH11100

    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.

    Energy and Commerce Committee
  14. IntroReferralIntro-H

    Introduced in House

  15. IntroReferral1000

    Introduced in House

Dec 6, 201718

Protecting Access to Diabetes Supplies Act of 2017

(Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to modify provisions relating to Medicare's competitive acquisition program (through which rates are set through a competitive bidding program rather than by an established fee schedule) with respect to diabetic testing strips. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to:

  • use specified data to determine whether a bid satisfies certain requirements related to volume of coverage with respect to such products,
  • reject a bid if the bidder does not demonstrate its ability to furnish such products in a manner consistent with its bid, and
  • establish a process to monitor the extent to which an entity continues to cover the product types included in its bid.

The CMS may terminate a contract if it determines that an entity, for reasons other than product discontinuation or market-wide shortage, fails to maintain ready access to such products included its bid.

In addition, the bill specifies that an entity furnishing such products to beneficiaries under the program: (1) must furnish to each beneficiary a brand of strips that is compatible with the beneficiary's home blood glucose monitor, (2) may not attempt to influence or incentivize a beneficiary to switch the brand of either type of product, and (3) must contact and receive a request from a beneficiary no more than 14 days prior to dispensing a refill to the beneficiary.

Jul 17, 2017

Protecting Access to Diabetes Supplies Act of 2017

This bill amends title XVIII (Medicare) of the Social Security Act to modify provisions relating to Medicare's competitive acquisition program (through which rates are set through a competitive bidding program rather than by an established fee schedule) with respect to diabetic testing strips. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to:

  • use specified data to determine whether a bid satisfies certain requirements related to volume of coverage with respect to such products,
  • reject a bid if the bidder does not demonstrate its ability to furnish such products in a manner consistent with its bid, and
  • establish a process to monitor the extent to which an entity continues to cover the product types included in its bid.

The CMS may terminate a contract if it determines that an entity, for reasons other than product discontinuation or market-wide shortage, fails to maintain ready access to such products included its bid.

In addition, the bill specifies that an entity furnishing such products to beneficiaries under the program: (1) must furnish to each beneficiary a brand of strips that is compatible with the beneficiary's home blood glucose monitor, (2) may not attempt to influence or incentivize a beneficiary to switch the brand of either type of product, and (3) must contact and receive a request from a beneficiary no more than 14 days prior to dispensing a refill to the beneficiary.

Protecting Access to Diabetes Supplies Act of 2017 — Informed