HouseH.R. 10787119th Congress

Access to Medical Supplies Act

Full Text

Official text as published. Use Ctrl+F / Cmd+F to search within the document.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10787 Introduced in House (IH)]

<DOC>

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.''.
                                 <all>