HouseH.R. 10787119th Congress
Access to Medical Supplies Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10787 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10787
To amend title XVIII of the Social Security Act to exclude urological
and ostomy supplies from competitive acquisition programs under the
Medicare program for 5 years, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 9, 2026
Mr. Murphy (for himself and Mr. Schneider) 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 exclude urological
and ostomy supplies from competitive acquisition programs under the
Medicare program for 5 years, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Supplies Act''.
SEC. 2. EXCLUDING UROLOGICAL AND OSTOMY SUPPLIES FROM COMPETITIVE
ACQUISITION PROGRAMS UNDER THE MEDICARE PROGRAM FOR 5
YEARS.
Section 1847(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
3(a)(2)(A)) is amended by inserting ``excluding urological and ostomy
supplies (as defined in section 1861(s)(8) furnished on or after
January 1, 2028, and before January 1, 2033),'' before ``and excluding
drugs and biologicals.''.
SEC. 3. REQUIRING THE ESTABLISHMENT OF TECHNICAL EXPERT PANEL TO
ANALYZE THE IMPACT OF INCLUDING UROLOGICAL AND OSTOMY
SUPPLIES IN COMPETITIVE ACQUISITION PROGRAMS UNDER THE
MEDICARE PROGRAM AND RECOMMEND CHANGES.
Section 1847 of the Social Security Act (42 U.S.C. 1395w-3) is
amended by adding at the end the following new subsection:
``(g) Technical Expert Panel Review and Analyzation of the Impact
of Including Urological and Ostomy Supplies in Competitive Acquisition
Programs Under the Medicare Program.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection, the Secretary (through use of
a contractor or otherwise) shall establish a technical expert
panel for purposes of reviewing the impact of including
urological and ostomy supplies in the competitive acquisition
programs under this section and recommending changes to such
programs.
``(2) Review, assessment, and recommendations.--Not later
than 1 year after the date the technical expert panel described
in paragraph (1) is established (and periodically thereafter as
the Secretary determines appropriate), the technical expert
panel shall review stakeholder input and clinical literature
and make recommendations to the Secretary with respect to
including urological and ostomy supplies in the competitive
acquisition programs under this section, including
recommendations regarding how such programs, at a minimum--
``(A) shall be administered in a manner in which
the needs of patients, as determined by their
physicians, are met through the widespread availability
of specialized products to meet patient needs;
``(B) ensure that bids are submitted at a level
that will allow beneficiaries to access the same range
of products selected by ordering physicians prior to
the implementation of the competitive acquisition
program;
``(C) address other issues that the technical
expert panel determines appropriate.
``(3) Membership.--In establishing the technical expert
panel, the Secretary shall solicit recommendations from
interested stakeholders. The technical expert panel shall be
composed of a minimum of 15 individuals with relevant expertise
and perspectives, including the following:
``(A) Home urological and ostomy supply patients
and caregivers.
``(B) Experts with relevant clinical experience and
expertise, including researchers and other clinicians.
``(C) Experts with subject matter expertise in
reimbursement systems and medical necessity
requirements under this title.
``(D) Experts in the supply of devices and services
for urological and ostomy supplies.
``(E) Experts in the design, development, and
manufacturing of urological and ostomy supplies.
``(4) Use of the recommendations by the secretary.--The
Secretary shall implement the competitive acquisition program
consistent with the recommendations described in paragraph (2).
``(5) Transparency.--The Secretary shall make the minutes
of all meetings of the technical expert panel and all
documentation relating to the formulation of recommendations
described in paragraph (2) available to the public through the
website of the Centers for Medicare & Medicaid Services.''.
SEC. 4. ESTABLISHMENT OF DEMONSTRATION PROJECT TO ASSESS INCLUSION OF
UROLOGICAL AND OSTOMY SUPPLIES IN THE COMPETITIVE
ACQUISITION PROGRAM.
Section 1847 of the Social Security Act (42 U.S.C. 1395w-3), as
amended by section 3, is amended by adding at the end the following new
subsection:
``(h) Establishment of Demonstration Project To Assess Inclusion of
Urological and Ostomy Supplies in the Competitive Acquisition
Programs.--
``(1) In general.--Not later than three years after the
date of the enactment of this subsection, the Secretary shall
conduct a demonstration project to test the inclusion of
urological and ostomy supplies in the competitive acquisition
program that assess the impact on beneficiary access and health
outcomes. The Secretary shall use the results of the
demonstration project to include such medical products in the
competitive acquision program in a manner that--
``(A) ensures individuals can access the same or
clinically comparable medical supply products as
determined by treating physicians;
``(B) ensures positive individual health outcomes;
``(C) ensures bidders can provide brand name
medical supply products individuals used prior to the
implementation of any demonstration or competitive
acquisition program; and
``(D) includes recommendations from the technical
expert panel described in subsection (g).
``(2) Demonstration project size and length.--The
demonstration project shall be conducted in not more than 3
States and be conducted for 12 months.
``(3) Survey.--
``(A) In general.--Prior to conducting the
demonstration project, the Secretary shall survey a
representative sample of individuals residing in the
demonstration project bid area who used urological and
ostomy supplies in the previous calendar year to
determine which products such individuals have been
utilizing.
``(B) Resurvey.--Not later than 3 months after the
start of the demonstration project, the Secretary shall
survey the same individuals described in subparagraph
(A) to determine whether they are able to continue
accessing the same medical supplies. If the individuals
are not able to access the same medical supplies, the
Secretary shall consult with the technical expert panel
described in subsection (g) to provide recommended
changes to address the access issue.''.
SEC. 5. PROHIBITION ON INFLUENCING AND INCENTIVIZING AND RIGHT TO
PURCHASE THE SAME OR CLINICALLY COMPARABLE UROLOGICAL AND
OSTOMY SUPPLIES.
Section 1847 of the Social Security Act (42 U.S.C. 1395w-3), as
amended by sections 3 and 4, is amended by adding at the end the
following new subsection:
``(i) Prohibition on Influencing and Incentivizing and Right To
Purchase the Same or Clinically Comparable Urological and Ostomy
Supplies.--
``(1) In general.--A contract supplier may not attempt to
influence or incentivize an individual to switch the brand of
urological or ostomy supplies selected by the referring
physician and individual, including by--
``(A) persuading, pressuring, or advising the
individual to switch; or
``(B) furnishing information about alternative
brands to the individual where the individual has not
requested such information.
``(2) Individual right to purchase same or clinically
comparable urological and ostomy supplies.--
``(A) In general.--The Secretary shall establish a
process to ensure that individuals receiving urological
or ostomy supplies under a demonstration or other
competitive acquisition program can access the same or
clinically comparable urological or ostomy supplies as
such individuals did prior to implementation of such
demonstration or program.
``(B) Right to purchase.--The process established
in subparagraph (A) shall specify that if the
individual cannot access the same or clinically
comparable urological or ostomy supplies as required
under subparagraph (A), the individual has the right to
receive such urological and ostomy supplies from
another supplier, or a non-contract supplier.''.
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