110-H.R.1845

To amend part B of title XVIII of the Social Security Act to assure access to durable medical equipment under the Medicare Program.

3/29/2007--Introduced.

Medicare Durable Medical Equipment Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee.

Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Exempts smaller metropolitan statistical areas as well.

Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable and otherwise comply with program requirements.

Provides for appeal rights (currently denied).

Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%.

Prohibits the Secretary from implementing a program with respect to an item or service unless inclusion of the item or service will make significant savings of at least 10% probable, compared to the fee schedule in effect on January 1, 2007.

Prohibits the Secretary from implementing certain payment rate basis requirements for covered items furnished after January 1, 2009, with respect to an area that is not a competitive acquisition area, unless a comparability analysis has been completed and published.

Directs the Secretary, after fully implementing the initial 10 competitive acquisition areas, to analyze and report to Congress on the impact of competitive bidding in those areas.

Prohibits expanding the coverage of competitive acquisition programs, or applying bid rates to non-bid areas, beyond the 10 competitive acquisition areas, unless specifically authorized by Congress.

View comments | (Close Window)