Page:United States Statutes at Large Volume 117.djvu/2249

 117 STAT. 2230

42 USC 1395w–3 note.

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VerDate 11-MAY-2000

13:59 Aug 30, 2004

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PUBLIC LAW 108–173—DEC. 8, 2003 paid shall be the amounts described in section 1847(b)(5)’’; and (C) in clause (D)— (i) by striking ‘‘or (ii)’’ and inserting ‘‘(ii)’’; and (ii) by adding at the end the following: ‘‘or (iii) on the basis of a rate established under a demonstration project under section 1847(e), the amount paid shall be equal to 100 percent of such rate,’’. (3) GAO REPORT ON IMPACT OF COMPETITIVE ACQUISITION ON SUPPLIERS.— (A) STUDY.—The Comptroller General of the United States shall conduct a study on the impact of competitive acquisition of durable medical equipment under section 1847 of the Social Security Act, as amended by paragraph (1), on suppliers and manufacturers of such equipment and on patients. Such study shall specifically examine the impact of such competitive acquisition on access to, and quality of, such equipment and service related to such equipment. (B) REPORT.—Not later than January 1, 2009, the Comptroller General shall submit to Congress a report on the study conducted under subparagraph (A) and shall include in the report such recommendations as the Comptroller General determines appropriate. (c) TRANSITIONAL FREEZE.— (1) DME.— (A) IN GENERAL.—Section 1834(a)(14) (42 U.S.C. 1395m(a)(14)) is amended— (i) in subparagraph (E), by striking ‘‘and’’ at the end; (ii) in subparagraph (F)— (I) by striking ‘‘a subsequent year’’ and inserting ‘‘2003’’; and (II) by striking ‘‘the previous year.’’ and inserting ‘‘2002;’’; and (iii) by adding at the end the following new subparagraphs: ‘‘(G) for 2004 through 2006— ‘‘(i) subject to clause (ii), in the case of class III medical devices described in section 513(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(c)(1)(C)), the percentage increase described in subparagraph (B) for the year involved; and ‘‘(ii) in the case of covered items not described in clause (i), 0 percentage points; ‘‘(H) for 2007— ‘‘(i) subject to clause (ii), in the case of class III medical devices described in section 513(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(c)(1)(C)), the percentage change determined by the Secretary to be appropriate taking into account recommendations contained in the report of the Comptroller General of the United States under section 302(c)(1)(B) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003; and ‘‘(ii) in the case of covered items not described in clause (i), 0 percentage points; and

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