,,ii  #aadth ,,congress  #b;d ,session  
,s4 #d  ,,in ,,the ,,senate ,,of ,,the  
,,united ,,states  ,november #af1       
#bjaf,mr4 ,coats 7for himself and ,mr4  
,warner7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,finance  ,a ,,bill  ,to 
amend title ,,xviii of the ,social      
,security ,act in order to strengthen   
rules 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 ,act of #bjaf4   
#b4 ,strengthening rules in case of     
competition for diabetic testing strips 
7a7 ,special rule 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   
,with respect to bids to furnish such   

types of products on or after ,january  
#a1 #bjai1 the volume for such types of 
products shall be determined by the     
,secretary through the use of multiple  
sources of data1 including market based 
data measuring sales of diabetic testing
 strip products described in section    
#ahfa7n7 that are not exclusively sold  
by1 and marketed under the name of1 a   
single retailer that is not the         
manufacturer of such products1 from mail
 order1 non-mail order1 ,medicare1 and  
non-,medicare markets42 and  7,b7 by    
adding at the end the following new     
subparagraphs3  7,c7 ,demonstration of  
ability to furnish types of diabetic    
testing strip products ,with respect to 
bids to furnish diabetic testing strip  
products on or after ,january #a1 #bjai1
 under the program described in         
subparagraph 7,a71 the ,secretary shall 
reject a bid submitted by an entity if  
the entity does not attest to the       
,secretary and demonstrate1 through     
letters of intent with manufacturers1   

wholesalers1 or other suppliers1 or     
other evidence as the ,secretary may    
specify1 that the entity has the ability
 to obtain an inventory of the types and
 quantities of diabetic testing strip   
products that will allow the entity to  
furnish such products in a manner       
consistent with its bid4  7,d7 ,use of  
unlisted types in calculation of        
percentage ,with respect to bids to     
furnish diabetic testing strip products 
on or after ,january #a1 #bjai1 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 
strip products that the ,secretary does 
not identify by brand1 model1 and market
 share volume4  7,e7 ,adherence to      
demonstration  7i7 ,in general ,in the  
case of an entity that is furnishing    

diabetic testing strip products on or   
after ,january #a1 #bjai1 under a       
contract entered into under the         
competition conducted pursuant to       
paragraph 7#a71 the ,secretary shall    
establish a process to monitor1 on an   
ongoing basis1 the extent to which such 
entity continues to cover the product   
types included in the entity's bid4     
7ii7 ,termination ,if the ,secretary    
determines that an entity described in  
clause 7i7 fails to maintain in         
inventory1 or otherwise maintain ready  
access to through requirements contracts
 or otherwise1 a type of product        
included in the entity's bid1 the       
,secretary may terminate such contract  
unless the ,secretary finds that the    
failure of the entity to maintain       
inventory of1 or ready access to1 the   
product is the result of the            
discontinuation of the product by the   
product manufacturer or a market-wide   
shortage of the product4  4  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 rules in case 
of competition for diabetic testing     
strips  7,a7 ,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 section1 the     
entity shall furnish to each individual 
a 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 an individual  
to switch the brand of glucose monitor  

or diabetic testing strip product       
selected by the individual1 including   
by--  7i7 persuading1 pressuring1 or    
advising the individual to switch2 or   
7ii7 furnishing information about       
alternative brands to the individual    
where the individual has not requested  
such information4  7,c7 ,provision of   
information  7i7 ,standardized          
information ,not later than ,january #a1
 #bjai1 the ,secretary shall develop and
 make available to entities described in
 subparagraph 7,a7 standardized         
information that describes the rights of
 an individual with respect to such an  
entity4 ,the information described in   
the preceding sentence shall include    
information regarding--  7,i7 the       
requirements established under          
subparagraphs 7,a7 and 7,b72  7,,ii7 the
 right of the individual to purchase    
diabetic testing strip products from    
another mail order supplier of such     
products or a retail pharmacy if the    
entity is not able to furnish the brand 

of such product that is compatible with 
the home blood glucose monitor selected 
by the individual2 and  7,,iii7 the     
right of the individual to return       
diabetic testing strip products         
furnished to the individual by the      
entity4  7ii7 ,requirement ,with respect
 to diabetic testing strip products     
furnished on or after the date on which 
the ,secretary develops the standardized
 information under clause 7i71 an entity
 described in subparagraph 7,a7 may not 
communicate directly to an individual   
until the entity has verbally provided  
the individual with such standardized   
information4  7,d7 ,order refills ,with 
respect to diabetic testing strip       
products furnished on or after ,january 
#a1 #bjai1 the ,secretary shall require 
an entity furnishing diabetic testing   
strip products to an individual to      
contact and receive a request from the  
individual for such products not more   
than #ad days prior to dispensing a     
refill of such products to the          

individual4  4  7c7 ,implementation2    
non-,application of the ,paperwork      
,reduction ,act  7#a7 ,implementation   
,notwithstanding any other provision of 
law1 the ,secretary of ,health and      
,human ,services may implement the      
provisions of1 and amendments made by1  
this section by program instruction or  
otherwise4  7#b7 ,non-application of the
 paperwork reduction act ,chapter #ce of
 title #dd1 ,united ,states ,code       
7commonly referred to as the            
#8,paperwork ,reduction ,act of #aiie'7 
shall not apply to this section or the  
amendments made by this section4