Access to Medical Supplies Act
- Sponsor
- Rep. Murphy, Gregory F. [R-NC-3]
- Committees
- Ways and Means Committee (primary)
- Last action
- Oct 9, 2026
Bottom line
This bill aims to safeguard Medicare beneficiaries' access to preferred brands of urological and ostomy supplies by pausing competitive bidding and mandating a comprehensive review and testing process before re-inclusion.
What it actually does
This bill temporarily exempts urological and ostomy supplies from Medicare's competitive bidding program for five years, from January 1, 2028, to January 1, 2033. During this pause, it mandates the establishment of a technical expert panel to study the impact of competitive bidding on these supplies and recommend program changes. It also requires a demonstration project to test new approaches for including these supplies in competitive acquisition programs, focusing on patient access and health outcomes, and prohibits suppliers from coercing beneficiaries to switch brands.
Proponents argue
Proponents argue that competitive bidding for specialized medical supplies like urological and ostomy products can severely limit patient choice, disrupt established care routines, and compromise health outcomes by forcing beneficiaries to switch to unfamiliar or less suitable brands. They contend that a pause is necessary to allow for a thorough, stakeholder-informed review and the development of a more patient-centric acquisition model that prioritizes access and clinical appropriateness over cost-cutting alone.
Opponents contend
Opponents might argue that exempting these supplies from competitive bidding for an extended period could lead to higher Medicare costs, as competitive bidding is designed to achieve cost savings for the program and taxpayers. They may contend that existing competitive acquisition programs already have mechanisms to ensure quality and access, and that a five-year pause, panel, and demonstration project could unnecessarily delay cost efficiencies and create administrative burdens.
The bill is short and relatively easy to read, allowing ample time for a thorough understanding of its provisions.
Section 2
Exclusion of Urological and Ostomy Supplies from Competitive Bidding
This section amends current law to prevent urological and ostomy supplies from being subject to Medicare's competitive acquisition programs for a five-year period, specifically from January 1, 2028, to January 1, 2033. This means that during this time, these supplies will not be procured through the competitive bidding process that typically aims to lower costs by having suppliers compete on price.
Supporters argue
Supporters argue this pause is crucial to protect vulnerable patients from potential disruptions in care and access to specialized products that can occur under competitive bidding, which often prioritizes lowest cost over patient-specific needs.
Critics contend
Critics might argue that this exclusion delays potential cost savings for the Medicare program and taxpayers, as competitive bidding is an established mechanism for reducing expenditures on durable medical equipment.
Tradeoffs
The provision balances the potential for cost savings through competitive bidding against concerns about patient access, choice, and quality of care for highly specialized medical supplies.
Section 3
Establishment of Technical Expert Panel (TEP)
This section requires the Secretary of Health and Human Services to establish a Technical Expert Panel (TEP) within 90 days of the bill's enactment. The TEP, composed of at least 15 individuals including patients, clinicians, and industry experts, will review the impact of competitive bidding on urological and ostomy supplies and recommend changes to ensure patient needs are met, specialized products are widely available, and bids allow access to the same range of products. The Secretary must implement competitive acquisition programs consistent with these recommendations.
Section 4
Demonstration Project for Inclusion in Competitive Acquisition Programs
This section mandates the Secretary to conduct a 12-month demonstration project in up to three states, starting within three years of enactment. The project will assess the impact of including urological and ostomy supplies in competitive acquisition programs on beneficiary access and health outcomes. It requires pre- and post-project surveys of beneficiaries to ensure they can access the same or clinically comparable products, and mandates consultation with the TEP if access issues arise.
Section 5
Patient Protections Against Brand Switching and Right to Access Supplies
This section prohibits contract suppliers from influencing or incentivizing Medicare beneficiaries to switch brands of urological or ostomy supplies chosen by their physician. It explicitly forbids persuasion, pressure, or unsolicited information about alternative brands. Furthermore, it establishes a process ensuring individuals can access the same or clinically comparable supplies they used prior to any competitive acquisition program, and grants them the right to obtain these supplies from another supplier (including non-contract suppliers) if their current supplier cannot provide them.