Section 1 Short title
This Act may be cited as the “DMEPOS Relief Act of 2023” or the “DRA of 2023”.
DMEPOS Relief Act of 2023
A BILL
To direct the Secretary of Health and Human Services to provide for certain adjustments to Medicare payment for items of durable medical equipment that were formerly included in round 2021 of the DMEPOS competitive bidding program.
Sec. 2 Adjustments to medicare payment for items of durable medical equipment formerly included in round 2021 of the DMEPOS competitive bidding program
In general— The Secretary of Health and Human Services shall implement section 414.210 of title 42, Code of Federal Regulations, such that the fee schedule amounts determined pursuant to such section for covered items furnished during the period beginning on January 1, 2024, and ending on December 31, 2024, shall be applied as if the transition rules under paragraph (g)(9) of such section provided that for such covered items so furnished, the fee schedule amount for the area involved is equal to 90 percent of the adjusted payment amount established under such section and 10 percent of the unadjusted fee schedule amount established under such section.
Covered item defined— For purposes of subsection (a), the term “covered item” means any item—
that were competed under the Round 2021 DMEPOS Competitive Bidding Program;
for which contracts were not executed for such round of bidding; and
which did not, as of January 1, 2021, revert to the unadjusted fee schedule amount established under section 414.210 of title 42, Code of Federal Regulations.
Sec. 3 Payment rates for durable medical equipment in DMEPOS non-competative bidding areas under the medicare program
Areas other than rural and noncontiguous areas— The Secretary shall implement section 414.210(g)(9)(v) of title 42, Code of Federal Regulations (or any successor regulation), to apply the transition rule described in the first sentence of such section to all applicable items and services furnished in areas other than rural or noncontiguous areas (as such terms are defined for purposes of such section) through December 31, 2024.
All areas— The Secretary shall not implement section 414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any successor regulation) until January 1, 2025.
Implementation— Notwithstanding any other provision of law, the Secretary may implement the provisions of this section by program instruction or otherwise.