HR 5961 IH
101st CONGRESS
2d Session
 H. R. 5961
To amend part B of title XVIII of the Social Security Act to permit
beneficiaries to obtain upgraded items of equipment.
IN THE HOUSE OF REPRESENTATIVES
October 27, 1990
Mr. BRUCE introduced the following bill; which was referred jointly to the
Committees on Ways and Means and Energy and Commerce
A BILL
To amend part B of title XVIII of the Social Security Act to permit
beneficiaries to obtain upgraded items of equipment.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. ALLOWING MEDICARE BENEFICIARIES ACCESS TO UPGRADED ITEMS OF
DURABLE MEDICAL EQUIPMENT.
  (a) IN GENERAL- Section 1842(b) of the Social Security Act (42
  U.S.C. 1395u(b)) is amended by adding at the end the following new paragraph:
  `(16)(A) Subject to subparagraph (B), if a supplier of an item of durable
  medical equipment has (through purchase or rental arrangement) furnished an
  upgraded item (as defined in subparagraph (D)) and has accepted assignment
  for that item to a patient in excess of or more expensive than the standard
  item for which payment may be made under section 1834(a), the supplier
  may, in addition to the amount the supplier may charge the patient for the
  standard item under this section, charge the patient an additional amount
  equal to the difference between the supplier's customary charge for the
  upgraded item and the amount the supplier may charge the patient for the
  standard item under this section.
  `(B) A supplier who has accepted assignment may charge a patient an
  additional amount under subparagraph (A) if the patient certifies that--
  `(i) the patient requested that the supplier furnish the upgraded item; and
  `(ii) before offering to furnish the upgraded item, the supplier--
  `(I) offered to furnish the standard item to the patient, and
  `(II) provided the patient with an itemized summary of the supplier's
  charges and the portion of the total amount to be charged that will be
  paid under this title.
  `(C) A supplier who knowingly and willfully imposes a charge in excess of
  the charge permitted under subparagraph (A) or in violation of subparagraph
  (B) shall be subject to a civil money penalty of not to exceed $2,000. The
  provisions of section 1128A (other than subsections (a) and (b)) shall apply
  to a civil money penalty under the previous sentence in the same manner
  as such provisions apply to a penalty or proceeding under section 1128A(a).
  `(D) For purposes of this paragraph, an `upgraded item' is a piece of
  durable medical equipment the cost of which is in excess of the standard
  item for which payment may be made under section 1834(a).'.
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  items of durable medical equipment furnished on or after January 1, 1991.