Amends title XVIII (Medicare) of the Social Security Act to permit a Medicare beneficiary to elect to take, or decline to take, ownership of a Group 3 Support Surface item of complex durable medical equipment (DME) after the 13-month capped rental period ends.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2945 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2945
To amend title XVIII of the Social Security Act to permit a Medicare
beneficiary to elect to take ownership, or to decline ownership, of a
certain item of complex durable medical equipment after the 13-month
capped rental period ends.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2009
Mr. Hill introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to permit a Medicare
beneficiary to elect to take ownership, or to decline ownership, of a
certain item of complex durable medical equipment after the 13-month
capped rental period ends.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELECTION TO TAKE OWNERSHIP, OR TO DECLINE OWNERSHIP, OF A
CERTAIN ITEM OF COMPLEX DURABLE MEDICAL EQUIPMENT AFTER
THE 13-MONTH CAPPED RENTAL PERIOD ENDS.
(a) In General.--Section 1834(a)(7)(A) of the Social Security Act
(42 U.S.C. 1395m(a)(7)(A)) is amended--
(1) in clause (ii)--
(A) by striking ``rental.--On'' and inserting
``rental.--
``(I) In general.--Except as
provided in subclause (II), on''; and
(B) by adding at the end the following new
subclause:
``(II) Option to accept or reject
transfer of title to group 3 support
surface.--
``(aa) In general.--During
the 10th continuous month
during which payment is made
for the rental of a Group 3
Support Surface under clause
(i), the supplier of such item
shall offer the individual the
option to accept or reject
transfer of title to a Group 3
Support Surface after the 13th
continuous month during which
payment is made for the rental
of the Group 3 Support Surface
under clause (i). Such title
shall be transferred to the
individual only if the
individual notifies the
supplier not later than 1 month
after the supplier makes such
offer that the individual
agrees to accept transfer of
the title to the Group 3
Support Surface. Unless the
individual accepts transfer of
title to the Group 3 Support
Surface in the manner set forth
in this subclause, the
individual shall be deemed to
have rejected transfer of
title. If the individual agrees
to accept the transfer of the
title to the Group 3 Support
Surface, the supplier shall
transfer such title to the
individual on the first day
that begins after the 13th
continuous month during which
payment is made for the rental
of the Group 3 Support Surface
under clause (i). If the
supplier transfers title to the
Group 3 Support Surface under
this subclause, payments for
maintenance and servicing after
the transfer of title shall be
made in accordance with clause
(iv). If the individual rejects
transfer of title under this
subclause, payments for
maintenance and servicing after
the end of the period of
medical need during which
payment is made under clause
(i) shall be made in accordance
with clause (v).
``(bb) Special rule.--If,
on the effective date of this
subclause, an individual's
rental period for a Group 3
Support Surface has exceeded 10
continuous months, but the
first day that begins after the
13th continuous month during
which payment is made for the
rental under clause (i) has not
been reached, the supplier
shall, within 1 month following
such effective date, offer the
individual the option to accept
or reject transfer of title to
a Group 3 Support Surface. Such
title shall be transferred to
the individual only if the
individual notifies the
supplier not later than 1 month
after the supplier makes such
offer that the individual
agrees to accept transfer of
title to the Group 3 Support
Surface. Unless the individual
accepts transfer of title to
the Group 3 Support Surface in
the manner set forth in this
subclause, the individual shall
be deemed to have rejected
transfer of title. If the
individual agrees to accept the
transfer of the title to the
Group 3 Support Surface, the
supplier shall transfer such
title to the individual on the
first day that begins after the
13th continuous month during
which payment is made for the
rental of the Group 3 Support
Surface under clause (i) unless
that day has passed, in which
case the supplier shall
transfer such title to the
individual not later than 1
month after notification that
the individual accepts transfer
of title. If the supplier
transfers title to the Group 3
Support Surface under this
subclause, payments for
maintenance and servicing after
the transfer of title shall be
made in accordance with clause
(iv). If the individual rejects
transfer of title under this
subclause, payments for
maintenance and servicing after
the end of the period of
medical need during which
payment is made under clause
(i) shall be made in accordance
with clause (v).'';
(2) in clause (iv), in the heading, by inserting ``after
transfer of title'' after ``servicing''; and
(3) by adding at the end the following new clause:
``(v) Maintenance and servicing of group 3
support surface if individual rejects transfer
of title.--In the case of a Group 3 Support
Surface for which the individual has rejected
transfer of title under subclause (ii)(II)--
``(I) during the first 6-month
period of medical need that follows the
period of medical need during which
payment is made under clause (i), no
payment shall be made for rental or
maintenance and servicing of the Group
3 Support Surface; and
``(II) during the first month of
each succeeding 6-month period of
medical need, a maintenance and
servicing payment may be made (for
parts and labor not covered by the
supplier's or manufacturer's warranty,
as determined by the Secretary to be
appropriate for the Group 3 Support
Surface) and the amount recognized for
each such 6-month period is the lower
of--
``(aa) a reasonable and
necessary maintenance and
servicing fee or fees
established by the Secretary;
or
``(bb) 10 percent of the
total of the purchase price
recognized under paragraph (8)
with respect to the Group 3
Support Surface.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to House Energy and Commerce
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to the Subcommittee on Health.
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