Page:United States Statutes at Large Volume 122.djvu/2590

 12 2 STA T . 2 567PUBLIC LA W 11 0– 275 —J UL Y 15, 200 8admin i ster ed by t h e Du rab l e M edi c al Eq ui p ment Medicare A dministrati v e Co ntractors ,f or the consideration of codin g changes and consider all relevant studies and information fur - nished pursuant to such process .( d )OTHERP R OVIS IO N S. — ( 1 )E X E MP TION F ROM C OMPETITIVE A C QU ISITION FOR CER- TAIN OFF-THE-SHE L F ORTHOTICS.— S ection 1 847 (a) of the Social Security Act (4 2U .S.C. 1 395w– 3(a)) is amended by adding at the end the following new paragraph

‘(7) EXEMPTION FROM COMPETITIVE ACQUISITION.— T he pro- grams under this section shall not apply to the following: ‘‘(A) CERTAIN OFF-THE-SHELF ORTHOTICS.— I tems and services described in paragraph (2)(C) if furnished— ‘‘(i) by a physician or other practitioner (as defined by the Secretary) to the physician ’ s or practitioner’s own patients as part of the physician’s or practitioner’s professional service or ‘‘(ii) by a hospital to the hospital’s own patients during an admission or on the date of discharge. ‘‘( B ) CERTAIN D URA B LE MEDICAL EQUIPMENT.—Those items and services described in paragraph (2)(A)— ‘‘(i) that are furnished by a hospital to the hos- pital’s own patients during an admission or on the date of discharge; and ‘‘(ii) to which such programs would not apply, as specified by the Secretary, if furnished by a physician to the physician’s own patients as part of the physi- cian’s professional service.’’. (2) CORRECTION IN FACE-TO-FACE EXAMINATION REQUIRE- MENT.—Section 1834(a)(1)(E)(ii) of such Act (42 U.S.C. 1395m(a)(1)(E)(ii)) is amended by stri k ing ‘‘18 6 1(r)(1)’’ and inserting ‘‘1861(r)’’. (3) SPECIAL RULE IN CASE OF NATIONAL MAIL-ORDER COM- PETITION FOR DIABETIC TESTIN G STRIPS.—Section 1847(b) of such Act (42 U.S.C. 1395w–3(b)) is amended— (A) by redesignating paragraph (1 0 ) as paragraph (11); and (B) by inserting after paragraph (9) the following new paragraph: ‘‘(10) SPECIAL RULE IN CASE OF COMPETITION FOR DIABETIC TESTING STRIPS.— ‘‘(A) IN GENERAL.— W ith respect to the competitive acquisition program for diabetic testing strips conducted after the first round of the competitive acquisition pro- grams, if an entity does not demonstrate to the Secretary that its bid covers types of diabetic testing strip products that, in the aggregate and taking into account volume for the different products, cover 50 percent (or such higher percentage as the Secretary may specify) of all such types of products, the Secretary shall re j ect such bid. The volume for such types of products may be determined in accordance with such data (which may be market based data) as the Secretary recogni z es. ‘‘(B) STUD Y OF TYPES OF TESTING STRIP PRODUCTS.— Before 2011, the Inspector G eneral of the Department of H ealth and Human Services shall conduct a study to deter- mine the types of diabetic testing strip products by volume Deadlin e .

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