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Competitive Bidding Repeal Act

About legislation H.R. 3790:

In October 2009, Rep. Kendrick Meek (D-Fla.) introduced H.R. 3790, a bill to repeal the Medicare competitive acquisition program for durable medical equipment and prosthetics, orthotics and supplies (DMEPOS).

H.R. 3790 would eliminate the flawed competitive bidding program for durable medical equipment and services in Medicare. Durable, or home medical equipment, such as wheelchairs, leg braces and hospital beds, enable people with disabilities and seniors to receive quality care. This care represents a cost-effective alternative to institutional care and allows individuals greater choice and independence.

Fundamental problems that remain in the bid program:

  • Disruption to patient services. Patients were forced to go to multiple, unfamiliar providers for different items and services.
  • Greater costs to Medicare due to longer hospital stays. Confusion about the restricted list of contracted home medical providers delayed hospital discharges and triggered unnecessary emergency room visits.
  • Non-local providers. Providers with no history of servicing a geographic area or no operations in a bidding area were awarded contracts.
  • Inexperienced/unlicensed providers. Companies were awarded Medicare contracts to provide equipment and services for which they were not licensed in their states and for which they had no previous experience providing.
  • Desperation bidding. Structural flaws in the bidding program caused providers to submit artificially low bids because they were faced with the threat of losing their businesses, which represents only 1.6 percent of the Medicare budget.

Status:

10/13/2009: Referred to House Energy and Commerce

10/13/2009: Referred to House Ways and Means

10/13/2009: 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.

Committee/Subcommittee Activity:

Energy and Commerce: Referral, In Committee

Ways and Means:

Referral, In Committee

Amendment(s):

No amendments.

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