Pub. L. 114-113, div. O, tit. V, sec. 503 (as amended)
LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE PAYMENT RATES.
SEC. 503. LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE PAYMENT RATES.
(a) Medicaid Reimbursement.—
(1) In general.—Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended—
(A) in paragraph (25), by striking “or” at the end;
(B) in paragraph (26), by striking the period at the end and inserting “; or”; and
(C) by inserting after paragraph (26) the following new paragraph:
“(27) with respect to any amounts expended by the State on the basis of a fee schedule for items described in section 1861(n) and furnished on or after January 1, 2019, as determined in the aggregate with respect to each class of such items as defined by the Secretary, in excess of the aggregate amount, if any, that would be paid for such items within such class on a fee-for-service basis under the program under part B of title XVIII, including, as applicable, under a competitive acquisition program under section 1847 in an area of the State.”
.
(2) [42 U.S.C. 1396b note] Rule of construction.—Nothing in the amendments made by paragraph (1) shall be construed to prohibit a State Medicaid program from providing medical assistance for durable medical equipment for which payment is denied or not available under the Medicare program under title XVIII of such Act.
(b) Evaluating Application of DME Payment Limits Under Medicaid.—The Secretary of Health and Human Services shall evaluate the impact of applying Medicare payment rates with respect to payment for durable medical equipment under the Medicaid program under section 1903(i)(27) of the Social Security Act, as inserted by subsection (a)(1)(C). The Secretary shall make available to the public the results of such evaluation.
- Cross-references to the US Code
- 42 U.S.C. 1396b note