United States 115th Congress Status: In Committee 1 D cosponsors

HR 3271 — Protecting Access to Diabetes Supplies Act of 2017

Last action — Placed on the Union Calendar, Calendar No. 329.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

What changed in the latest version

36 added · 15 removed

Plain-language change summary

The amendment to HR 3271 specifies that the Secretary will use multiple data sources, including market-based data measuring sales of diabetic testing strips not exclusively sold by a single retailer in both mail order and non-mail order Medicare markets. It removes previous references to sales in non-Medicare markets and products described in section 1861(n). This change clarifies the data sources to be used and the scope of the testing strips in question, which may impact how data is collected and analyzed for these products.

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3271 Introduced in House (IH)] <DOC> 115th CONGRESS 1st Session H.
3271 Reported in House (RH)] <DOC> Union Calendar No.
329 115th CONGRESS 1st Session H.
3271 To amend title XVIII of the Social Security Act in order to strengthen rules in case of competition for diabetic testing strips, and for other purposes.
3271 [Report No.
115-447, Part I] To amend title XVIII of the Social Security Act in order to strengthen rules in case of competition for diabetic testing strips, and for other purposes.
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 provisions 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 in case of competition for diabetic testing strips, and for other purposes.
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 provisions as fall within the jurisdiction of the committee concerned December 6, 2017 Additional sponsors:
Mr.
Guthrie, Mr.
Bilirakis, Mr.
Rodney Davis of Illinois, Mr.
Johnson of Ohio, Mr.
Bucshon, Mr.
Tipton, Mrs.
Walorski, Mr.
Costello of Pennsylvania, Mr.
Long, and Mr.
Roskam December 6, 2017 Reported from the Committee on Energy and Commerce with an amendment [Strike out all after the enacting clause and insert the part printed in italic] December 6, 2017 The Committee on Ways and Means discharged;
committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on July 17, 2017] _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act in order to strengthen rules in case of competition for diabetic testing strips, and for other purposes.
``With respect to bids to furnish such types of products on or after January 1, 2019, the volume for such types of products shall be determined by the Secretary through the use of multiple sources of data, including market based data measuring sales of diabetic testing strip products described in section 1861(n) that are not exclusively sold by, and marketed under the name of, a single retailer that is not the manufacturer of such products, from mail order, non- mail order, Medicare, and non-Medicare markets.'';
``With respect to bids to furnish such types of products on or after January 1, 2019, the volume for such types of products shall be determined by the Secretary through the use of multiple sources of data (from mail order and non-mail order Medicare markets), including market-based data measuring sales of diabetic testing strip products that are not exclusively sold by a single retailer from such markets.'';
``(ii) Termination.--If the Secretary determines that an entity described in clause (i) fails to maintain in inventory, or otherwise maintain ready access to through requirements contracts or otherwise, a type of product included in the entity's bid, the Secretary may terminate such contract unless the Secretary finds that the failure of the entity to maintain inventory of, or ready access to, the product is the result of the discontinuation of the product by the product manufacturer or a market-wide shortage of the product.''.
``(ii) Termination.--If the Secretary determines that an entity described in clause (i) fails to maintain in inventory, or otherwise maintain ready access to (through requirements, contracts, or otherwise) a type of product included in the entity's bid, the Secretary may terminate such contract unless the Secretary finds that the failure of the entity to maintain inventory of, or ready access to, the product is the result of the discontinuation of the product by the product manufacturer, a market-wide shortage of the product, or the introduction of a newer model or version of the product in the market involved.''.
``(11) Additional special rules in case of competition for diabetic testing strips.-- ``(A) In general.--With respect to an entity that is furnishing diabetic testing strip products to individuals under a contract entered into under the competitive acquisition program established under this section, the entity shall furnish to each individual a brand of such strips that is compatible with the home blood glucose monitor selected by the individual.
``(11) Additional special rules in case of competition for diabetic testing strips.-- ``(A) In general.--With respect to an entity that is furnishing diabetic testing strip products to individuals under a contract entered into under the competitive acquisition program established under this section, the entity shall furnish to each individual a brand of such products that is compatible with the home blood glucose monitor selected by the individual.
<all>
Union Calendar No.
329 115th CONGRESS 1st Session H.
R.
3271 [Report No.
115-447, Part I] _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act in order to strengthen rules in case of competition for diabetic testing strips, and for other purposes.
_______________________________________________________________________ December 6, 2017 Reported from the Committee on Energy and Commerce with an amendment December 6, 2017 The Committee on Ways and Means discharged;
committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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Action History

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

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

  3. Committee on Ways and Means discharged.

  4. Committee on Ways and Means discharged.

  5. Placed on the Union Calendar, Calendar No. 329.

  6. Committee Consideration and Mark-up Session Held.

  7. Ordered to be Reported by Voice Vote.

  8. Subcommittee Consideration and Mark-up Session Held.

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

  10. Referred to the Subcommittee on Health.

  11. Referred to the Subcommittee on Health.

  12. Introduced in House

  13. Introduced in House

  14. 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.

  15. 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

healthcare health-insurance
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Frequently asked questions

What does HR 3271 do?
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.
Who sponsors HR 3271?
HR 3271 is sponsored by DeGette, Diana (Democratic).
What is the current status of HR 3271?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 3271?
Track HR 3271 free on One Click Politics — get push/email alerts when it moves.

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