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HR 3559 109th Congress House Health Administrative remedies Commerce Competitive bidding Cost control Department of Health and Human Services Federal advisory bodies Government Operations and Politics Government contractors Government procurement Governmental investigations Judicial review Law Medical fees Medical supplies Medicare Metropolitan areas Quality of care Quality of products Small business

Medicare Durable Medical Equipment Access Act of 2005

Introduced: July 28, 2005 See on congress.gov
This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Aug 5, 2005
Referred to the Subcommittee on Health.
Aug 4, 2005
Referred to the Subcommittee on Health.
Jul 28, 2005
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.
Jul 28, 2005
Introduced in House
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 Plain-English summary Congressional Research Service

Medicare Durable Medical Equipment Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee.

Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Adds to such exemptions smaller metropolitan statistical areas.

Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit suppliers classified as small businesses to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements.

Provides for appeal rights (currently denied).

Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%.

Prohibits the Secretary from implementing a program with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10%, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program.

Prohibits the Secretary from implementing certain requirements for the payment basis for covered items furnished after January 1, 2009, with respect to the application of rates in an area that is not a competitive acquisition area, unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. Requires application of the comparability analysis requirement to certain other part B items and services.

What's happening now August 5, 2005

Referred to the Subcommittee on Health.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 4
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APA
U.S. Congress. (2026). H.R. 3559: Medicare Durable Medical Equipment Access Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-HR-3559/
MLA
"H.R. 3559: Medicare Durable Medical Equipment Access Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-HR-3559/.
Bluebook (legal)
H.R. 3559, 109th Cong. (2026), https://openamerica.io/bill/109-HR-3559/.
Markdown link
[H.R. 3559: Medicare Durable Medical Equipment Access Act of 2005](https://openamerica.io/bill/109-HR-3559/)
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