S. 1265 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1265 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Alexander (for himself and Mr. Corker) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to delay the implementation of round 2 of the Medicare DMEPOS Competitive Acquisition Program for competitive acquisition areas in Tennessee, and for other purposes. 1. Delay in implementation of round 2 of Medicare DMEPOS Competitive Acquisition Program for competitive acquisition areas in Tennessee Section 1847(a)(1) of the Social Security Act (42 U.S.C. 1395w–3(a)(1)) is amended by adding at the end the following new subparagraph: (G) Delay in implementation of round 2 for competitive acquisition areas in Tennessee Notwithstanding any other provision of this section and in implementing the second round of the competitive acquisition programs under this section described in subparagraph (B)(i)(II) with respect to competitive acquisition areas in Tennessee, the following shall apply: (i) The contracts awarded under this section before the date of the enactment of this subparagraph with respect to competitive acquisition areas in Tennessee for such round are terminated, no payment shall be made under this title on or after the date of the enactment of this subparagraph based on such a contract, and, 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. Nothing in this clause 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 clause. (ii) The Secretary shall as soon as possible conduct a rebid of the competition for such round in such areas in accordance with the requirements of this section, including the requirement that suppliers meet State licensing requirements. (iii) Such round shall be implemented in such areas as soon as possible after the conduct of the rebid under clause (ii). (iv) (I) In the case of any competition in such areas for which bids are requested on or after the date of enactment of this subparagraph, the Secretary shall impose a civil money penalty in the amount of $10,000 on the entity contracted to implement the competitive bidding program under this section for each instance in which information supplied by the entity— (aa) is incorrect; and (bb) results in the Secretary awarding a contract to a supplier under the competition in such areas to a supplier not licensed by the State of Tennessee. (II) Any penalty under subclause (I) shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. .