12 2 STA T . 2 560PUBLIC LA W 110 – 2 7 5 —J UL Y 15 , 200 8(2)Themod eo fa dm in i st e r in g s uc h agents , inc l uding information on the p roportion of indi v iduals receiving such agents intravenousl y as compared to su b cutaneously . ( 3 ) A n analysis of the payment ad j ustment under subpara - graph ( D )(iii) of such subsection (b)( 14 ), including an e x amina- tion of the extent to w hich costs incurred by rural, low-volume providers and facilities (as defined by the S ecretary) in fur- nishing renal dialysis services exceed the costs incurred by other providers and facilities in furnishing such services, and a recommendation regarding the appropriateness of such adjustment. (4) The changes, if any, in utili z ation rates of drugs and biologicals that the Secretary identifies under subparagraph ( B )(iii) of such subsection (b)(14), and any oral e q uivalent or oral substitutable forms of such drugs and biologicals or of drugs and biologicals described in clause (ii), that have occurred after implementation of the payment system under such sub- section (b)(14). ( 5 ) Any other information or recommendations for legisla- tive and administrative actions determined appropriate by the C omptroller G eneral. SEC.154 . D E LAYIN AND R E FO R M OF MEDICARE DME P OS COMPE T I - TI V EAC QU ISITION PRO G RAM. (a) T EMPORA R Y DE L AYA NDR E F ORM. — (1) I N G ENERAL.—Section 1 8 4 7 (a)(1) of the Social Security Act (42 U .S.C. 13 9 5w – 3(a)(1)) is amended— (A) in paragraph (1)— (i) in subparagraph (B)(i), in the matter before subclause (I), by inserting ‘ ‘consistent with subpara- graph (D) ’ ’ after ‘‘in a manner’’
(ii) in subparagraph (B)(i)(II), by stri k ing ‘‘8 0 ’’ and ‘‘in 2009’’ and inserting ‘‘an additional 70’’ and ‘‘in 2011’’, respectively; (iii) in subparagraph (B)(i)(III), by striking ‘‘after 2009’’ and inserting ‘‘after 2011 (or, in the case of national mail order for items and services, after 2010)’’; and (iv) by adding at the end the following new sub- paragraphs
‘‘(D) C H ANGE SI N C OMPE T ITI V EAC QU ISITION PRO- GRAMS.— ‘‘(i) ROUND 1 OF COMPETITIVE ACQUISITION PRO- GRAM.— N otwithstanding subparagraph (B)(i)(I) and in implementing the first round of the competitive acquisition programs under this section— ‘‘(I) the contracts awarded under this section before the date of the enactment of this subpara- graph are terminated, no payment shall be made under this title on or after the date of the enact- ment of this subparagraph based on such a con- tract, and, to the extent that any damages may be applicable as a result of the termination of such contracts, such damages shall be payable from the F ederal Supplementary M edical Insur- ance Trust Fund under section 1841; Contrac t s.
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