HR 1041
112th CONGRESS
1st Session
H. R. 1041
To amend title XVIII of the Social Security Act to repeal the Medicare
competitive acquisition program for durable medical equipment and prosthetics,
orthotics, and supplies (DMEPOS).
IN THE HOUSE OF REPRESENTATIVES
March 11, 2011
Mr. THOMPSON of Pennsylvania (for himself and Mr. ALTMIRE) introduced the
following bill; which was referred to the Committee on Energy and Commerce,
and in addition to the Committees on Appropriations and 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 to repeal the Medicare
competitive acquisition program for durable medical equipment and prosthetics,
orthotics, and supplies (DMEPOS).
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 `Fairness in Medicare Bidding Act' or `FIMBA'.
SEC. 2. REPEAL OF MEDICARE DMEPOS COMPETITIVE ACQUISITION PROGRAM.
(a) In General- Section 1847 of the Social Security Act (42 U.S.C. 1395w-3)
is repealed.
(1) IN GENERAL- The repeal made by subsection (a) shall take effect on the
date of the enactment of this Act.
(2) IMPACT ON CURRENT CONTRACTS- In the case of any contract awarded under
section 1847 of the Social Security Act before the date of the repeal of
such section--
(A) the contract is terminated;
(B) no payment shall be made under title XVIII of such Act on or after
the date of the enactment of this Act based on such a contract; and
(C) to the extent that any damages may be applicable as a result of the
termination of such contracts, such damages shall be payable from the
Federal Supplementary Medical Insurance Trust Fund under section 1841
of such Act.
(3) CONSTRUCTION- Nothing in this subsection shall be construed to provide
an independent cause of action or right to administrative or judicial review
with regard to the termination provided under this subsection.
SEC. 3. OFFSET THROUGH RESCISSION OF UNSPENT FEDERAL FUNDS.
(a) In General- Of the unobligated balances of all discretionary appropriations,
$20,000,000,000 is hereby rescinded.
(b) Implementation- The Director of the Office of Management and Budget shall
determine and identify each account, program, project, and activity to which
the rescission under subsection (a) shall apply and the amount of such rescission
that shall apply to each such account, program, project, and activity. Not
later than 60 days after the date of the enactment of this Act, the Director
of the Office of Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts, programs, projects, and activities
and amounts determined and identified for rescission under the preceding sentence.
(c) Exception- This section shall not apply to any account of the Department
of Defense or the Department of Veterans Affairs.
END
