To amend title XVIII of the Social Security Act to make improvements in the medicare competitive acquisition programs for certain items and services.

October 7, 2004

Mr. GRAHAM of Florida introduced the following bill; which was read twice and referred to the Committee on Finance

To amend title XVIII of the Social Security Act to make improvements in the medicare competitive acquisition programs for certain items and services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Medicare Competitive Acquisition Improvement Act of 2004'.

SEC. 2. IMPROVEMENTS IN THE MEDICARE COMPETITIVE ACQUISITION PROGRAMS FOR CERTAIN ITEMS AND SERVICES.

(a) PHASED-IN IMPLEMENTATION- Section 1847(a)(1)(B)(i) of the Social Security Act (42 U.S.C. 1395w-3(a)(1)(B)(i)), as amended by section 302(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2224), is amended to read as follows:

`(i) shall be phased in among competitive acquisition areas in a manner so that the competition under the programs occurs in--

`(I) 10 of the largest metropolitan statistical areas in 2005;

`(II) 50 of the largest metropolitan statistical areas in 2006;

`(III) 80 of the largest metropolitan statistical areas in 2007; and

`(IV) additional areas after 2007; and'.

(b) CONDITIONS FOR AWARDING CONTRACT- Section 1847(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-3(b)(2)(A)), as amended by such section 302(b), is amended by adding at the end the following new clauses:

`(v) The entity has an agreement in effect under section 1866 and has an active National Supplier Clearinghouse identification number.

`(vi) The entity complies with all Federal and State licensure and regulatory requirements.

`(vii) The entity is in compliance with all the provisions of title XI, this title, and title XIX, and any regulations relating thereto.

`(viii) The entity has not been suspended within the 12 months preceding the date on which a bid is submitted by any DMERC antifraud unit for billing for items or services not furnished.'.

(c) REPORT- Section 1847(d) of the Social Security Act (42 U.S.C. 1395w-3(d)), as amended by such section 302(b), is amended by striking `July 1, 2009' and inserting `December 31, 2006'.

(d) EFFECTIVE DATE- The amendments made by this section shall take effect as if included in the enactment of such section 302(b).

END