Sec. 2. Repeal of Medicare DMEPOS competitive acquisition program

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Section 1847 of the Social Security Act (42 U.S.C. 1395w–3) is repealed. The repeal made by subsection

(a)shall take effect on the date of the enactment of this Act. In the case of any contract awarded under section 1847 of the Social Security Act before the date of the repeal of such section— the contract is terminated; 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 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. 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. Not later than one year after the date of the enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report providing an analysis of the impact of competitive bidding on small clinical laboratories.

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42 USC 1395w–3

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Sec. 2

Repeal of Medicare DMEPOS competitive acquisition program

Cite42 USC 1395w–3

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