,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ehjh ,,in ,,the ,,house ,,of ,,representatives ,december #h1 #bjad ,ms4 ,de,gette 7for herself and ,mr4 ,reed7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 applied in case of competition for diabetic testing strips1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,access to ,diabetes ,supplies of #bjad4 #b4 ,strengthening rules applied in case of competition for diabetic testing strips 7a7 ,special rule applied in case of competition for diabetic testing strips 7#a7 ,in general ,paragraph 7#aj7 of section #ahdg7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;b77 is amended-- 7,a7 in subparagraph 7,a71 by striking the second sentence and inserting the following new sentence3 ,the volume for such types of products shall be determined through the use of multiple sources of data that measure consumption and utilization of diabetic testing strips among individuals in the ,united ,states42 and 7,b7 by adding at the end the following new subparagraphs3 7,c7 ,demonstration of ability to furnish types of diabetic testing strips ,with respect to the program described in subparagraph 7,a71 the ,secretary shall reject a bid submitted by an entity if the entity does not1 as part of the demonstration to the ,secretary described in such subparagraph submitted by the entity1 demonstrate that the entity has an ability to furnish the types of diabetic testing strips included in its bid1 including an ability to obtain and maintain an inventory of such strips by volume in a manner consistent with its bid4 7,d7 ,use of unlisted types in calculation of percentage ,in determining under subparagraph 7,a7 whether a bid submitted by an entity under such subparagraph covers #ej percent 7or such higher percentage as the ,secretary may specify7 of all types of diabetic testing strip products1 the ,secretary may not attribute a percentage to types of diabetic testing strips that the ,secretary does not provide the entity with the option to identify by type and market share volume4 7,e7 ,contract requirement ,any contract entered into with an entity for diabetic testing strips under the competition conducted pursuant to paragraph 7#a7 shall include a requirement that the entity offers1 makes available to1 and maintains in inventory of 7or otherwise has ready access to1 such as through purchasing contracts7 each of the types of diabetic testing strip products that is included in the bid submitted by the entity4 ,in the case that an entity enters into such a contract with the ,secretary and fails to fulfill the requirement described in the preceding sentence1 the ,secretary shall terminate such contract4 7,f7 ,monitoring adherence to demonstration ,the ,secretary shall establish a process to monitor1 on an ongoing basis1 the extent to which an entity that enters into a contract with the ,secretary for diabetic testing strips under the competition conducted pursuant to paragraph 7#a7 adheres to the demonstration that the entity provided to the ,secretary under subparagraph 7,a74 4 7#b7 ,conforming amendment ,section #ahdg7;b77#c77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;b77#c77;,a77 is amended by adding at the end the following new sentence3 ,in the case that such a contract is for diabetic testing strips1 such contract shall include the information required under paragraph 7#aj77;,e74 7b7 ,codifying and ,expanding ,anti-,switching ,rule ,section #ahdg7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;b771 as amended by subsection 7a77#a71 is further amended-- 7#a7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 and 7#b7 by inserting after paragraph 7#aj7 the following new paragraph3 7#aa7 ,additional special rule in case of competition for diabetic testing strips 7,a7 ,in general ,with respect to diabetic testing strips furnished by an entity to an individual under the competitive acquisition program established under this section1 the entity shall furnish to the individual the brand of such strips that is compatible with the home blood glucose monitor selected by the individual4 7,b7 ,prohibition on influencing and incentivizing ,an entity described in subparagraph 7,a7 may not attempt to influence or incentivize the individual described in such subparagraph to switch the brand of glucose monitor or testing strips selected by the individual1 including by-- 7i7 persuading1 pressuring1 or advising the individual to switch such brand2 or 7ii7 furnishing information about alternative brands to the individual in the case that the individual has not requested such information4 7,c7 ,provision of information ,an entity described in subparagraph 7,a7 may not communicate directly to an individual described in such subparagraph until the entity has verbally provided the individual with standardized information1 to be supplied to the entity by the ,secretary1 that describes the rights of the individual with respect to the entity4 ,the information described in the preceding sentence shall include information regarding-- 7i7 the requirements established in subparagraphs 7,a7 and 7,b72 7ii7 the right of the individual to contact other mail order suppliers of diabetic testing strips or to purchase such strips at a retail pharmacy in the case that the entity is not able to furnish the brand of such strips that is compatible with the home blood glucose monitor selected by the individual2 and 7iii7 the right of the individual described in subparagraph 7,d7 to reject diabetic testing strips furnished to the individual by the entity4 7,d7 ,individuals allowed to switch from unwanted products 7i7 ,in general ,the ,secretary shall establish a process under which an individual furnished with diabetic testing strips under the competitive acquisition program established under this section may reject the strips by notification1 including notification by telephone or electronic mail1 to the supplier and to the ,secretary4 7ii7 ,consequences of rejection ,in the case that an individual rejects diabetic testing strips under clause 7i7-- 7,i7 any payment made to the supplier under this title for a portion of such strips furnished for use during the period beginning with the date on which the individual rejects the strips shall be recovered by the ,secretary2 and 7,,ii7 the individual may obtain different diabetic testing strips from a supplier1 and the ,secretary shall process a claim for such different diabetic testing strips without regard to any benefit or coverage limitations arising from the fact that a claim has already been submitted and payment made for the rejected diabetic testing strips4 7iii7 ,prohibition on future claims ,in the case that an individual rejects diabetic testing strips under clause 7i71 the supplier who supplied the rejected diabetic testing strips to the individual may not submit additional claims for payment on behalf of the individual for the type or brand of diabetic testing strips so rejected by the individual1 unless the individual makes a separate expression of consent to the supplier to be furnished with such type or brand of diabetic testing strips by the supplier4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to diabetic testing strips furnished on or after ,july #a1 #bjaf4