H.R. 10787

Access to Medical Supplies Act

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Sec. 4. Establishment of demonstration project to assess inclusion of urological and ostomy supplies in the competitive acquisition program

Section 1847 of the Social Security Act (42 U.S.C. 1395w–3), as amended by section 3, is amended by adding at the end the following new subsection:

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(h) Establishment of demonstration project To assess inclusion of urological and ostomy supplies in the competitive acquisition programs

(1) In general. Not later than three years after the date of the enactment of this subsection, the Secretary shall conduct a demonstration project to test the inclusion of urological and ostomy supplies in the competitive acquisition program that assess the impact on beneficiary access and health outcomes. The Secretary shall use the results of the demonstration project to include such medical products in the competitive acquision program in a manner that—

(A) ensures individuals can access the same or clinically comparable medical supply products as determined by treating physicians;

(B) ensures positive individual health outcomes;

(C) ensures bidders can provide brand name medical supply products individuals used prior to the implementation of any demonstration or competitive acquisition program; and

(D) includes recommendations from the technical expert panel described in subsection (g).

(2) Demonstration project size and length. The demonstration project shall be conducted in not more than 3 States and be conducted for 12 months.

(3) Survey

(A) In general. Prior to conducting the demonstration project, the Secretary shall survey a representative sample of individuals residing in the demonstration project bid area who used urological and ostomy supplies in the previous calendar year to determine which products such individuals have been utilizing.

(B) Resurvey. Not later than 3 months after the start of the demonstration project, the Secretary shall survey the same individuals described in subparagraph (A) to determine whether they are able to continue accessing the same medical supplies. If the individuals are not able to access the same medical supplies, the Secretary shall consult with the technical expert panel described in subsection (g) to provide recommended changes to address the access issue.