Sec. 2. Administrator as owner and distributer of certain medical equipment
489 words·~2 min read·
/bill/116/s/3858/is/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In the event of a covered emergency, the Administrator shall become the sole owner and distributer of medical equipment obtained by the Federal government pursuant to this Act for which the prevailing market price exceeds the fair market price by more than 15 percent and is required to address the covered emergency. To carry out subsection (a), the Secretary of Health and Human Services, in consultation with the Administrator and other Federal agencies or departments as considered necessary, shall conduct an assessment of available medical equipment, including— identifying the medical equipment required to address the covered emergency for which the prevailing market price exceeds the fair market price by more than 15 percent; assessing the amount of such medical equipment available to respond to the covered emergency, including the amount of such medical equipment available in the Strategic National Stockpile; and determining the amount of such medical equipment still needed to respond to the covered emergency.
Following the assessment under subsection (b), the Administrator, in consultation with the Secretary of Health and Human Services and the Secretary of Defense, shall— create and execute an indefinite delivery-indefinite quantity contract with all persons capable of producing such medical equipment to— respond to the covered emergency; and following the covered emergency, replenish the Strategic National Stockpile to a level acceptable to respond to a future public health emergency or other covered emergency; require that all contracts created and executed under this section supersede any existing contracts such persons have already created or executed; and establish a price for such medical equipment to be resold to the States or other persons.
The Administrator shall sell or otherwise distribute medical equipment to the States or to persons that request such medical equipment, giving consideration to— requests for medical equipment under subsections
(e)and (f); the continuity of operations of the Federal government; and consultation with public health officials, as may be necessary. To request an allocation of medical equipment, a State shall submit to the Administrator a request for medical equipment, including— the number of impacted individuals in each State, disaggregated by condition and the severity of such condition— on the date the request is submitted to the Administrator; as projected at 14 days from the date the request is submitted to the Administrator; and as projected at 60 days from the date the request is submitted to the Administrator; existing health system medical equipment; medical equipment possessed by the State; an estimate of the quantity of medical equipment required to diagnose and treat the condition for which the covered emergency is in effect; and any additional information as determined necessary by the Administrator. The Administrator shall establish a process under which a person may request medical equipment to respond to the covered emergency. Upon the termination of the covered emergency, the Administrator shall distribute any medical supplies not sold or otherwise distributed to the States or any person to the Strategic National Stockpile.