Access to Medical Supplies Act

(g) Technical expert panel review and analyzation of the impact of including urological and ostomy supplies in competitive acquisition programs under the Medicare program

(1) In general. Not later than 90 days after the date of the enactment of this subsection, the Secretary (through use of a contractor or otherwise) shall establish a technical expert panel for purposes of reviewing the impact of including urological and ostomy supplies in the competitive acquisition programs under this section and recommending changes to such programs.

(2) Review, assessment, and recommendations. Not later than 1 year after the date the technical expert panel described in paragraph (1) is established (and periodically thereafter as the Secretary determines appropriate), the technical expert panel shall review stakeholder input and clinical literature and make recommendations to the Secretary with respect to including urological and ostomy supplies in the competitive acquisition programs under this section, including recommendations regarding how such programs, at a minimum—

(A) shall be administered in a manner in which the needs of patients, as determined by their physicians, are met through the widespread availability of specialized products to meet patient needs;

(B) ensure that bids are submitted at a level that will allow beneficiaries to access the same range of products selected by ordering physicians prior to the implementation of the competitive acquisition program;

(C) address other issues that the technical expert panel determines appropriate.

(3) Membership. In establishing the technical expert panel, the Secretary shall solicit recommendations from interested stakeholders. The technical expert panel shall be composed of a minimum of 15 individuals with relevant expertise and perspectives, including the following:

(A) Home urological and ostomy supply patients and caregivers.

(B) Experts with relevant clinical experience and expertise, including researchers and other clinicians.

(C) Experts with subject matter expertise in reimbursement systems and medical necessity requirements under this title.

(D) Experts in the supply of devices and services for urological and ostomy supplies.

(E) Experts in the design, development, and manufacturing of urological and ostomy supplies.

(4) Use of the recommendations by the Secretary. The Secretary shall implement the competitive acquisition program consistent with the recommendations described in paragraph (2).

(5) Transparency. The Secretary shall make the minutes of all meetings of the technical expert panel and all documentation relating to the formulation of recommendations described in paragraph (2) available to the public through the website of the Centers for Medicare & Medicaid Services.