The law › Title 42, The Public Health and Welfare › Chapter 7
42 U.S.C. 1395w-3: Competitive acquisition of certain items and services
Created in 1997 by the Balanced Budget Act of 1997 (Public Law 105-33). Changed by 10 later laws. 2 bills in this Congress would change it.
- past change
- enacted this Congress
- proposed
This Congress
- H.R. 10787 Access to Medical Supplies Act · introduced · would change (a), (g), (h), (i)
- H.R. 2902 SOAR Act of 2025 · introduced · would change (a)
How it got here
2022
2019
- Pub. L. 116–94 inserted ", complex rehabilitative manual wheelchairs (as determined by the Secretary), and certain manual wheelchairs (identified, as of October 1, 2018, by HCPCS codes E1235, E1236, E1237, E1238, and K0008 or any successor to such codes)" after "group 3 or higher… (Further Consolidated Appropriations Act, 2020) Law text · (a)
2018
- Pub. L. 115–123, §50414(a)(1)(A), substituted "With respect to bids to furnish such types of products on or after January 1, 2019, the volume for such types of products shall be determined by the Secretary through the use of multiple sources of data (from mail order and non-mail… (Bipartisan Budget Act of 2018) Law text · (b)
- Pub. L. 115–123, §50414(a)(1)(B), added subpars. (C) to (E). (Bipartisan Budget Act of 2018) Law text · (b)
- Pub. L. 115–123, §50414(b), added par. (11) and redesignated former par. (11) as (12). (Bipartisan Budget Act of 2018) Law text · (b), (12)
2016
- Pub. L. 114–255 substituted ", excluding certain" for "and excluding certain" and inserted before period at end ", and excluding drugs and biologicals described in section 1395u(o)(1)(D) of this title". (21st Century Cures Act) Law text · (a)
2015
2010
2008
- Pub. L. 110–275, §154(a)(1)(A)(i), inserted "consistent with subparagraph (D)" after "in a manner" in introductory provisions. (Medicare Improvements for Patients and Providers Act of 2008) Law text · (a)
- Pub. L. 110–275, §154(a)(1)(A)(ii), substituted "an additional 70" for "80" and "in 2011" for "in 2009". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (a)
- Pub. L. 110–275, §154(a)(1)(A)(iii), substituted "after 2011 (or, in the case of national mail order for items and services, after 2010)" for "after 2009". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (a)
- Pub. L. 110–275, §154(a)(1)(A)(iv), added subpars. (D) to (F). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (a)
- Pub. L. 110–275, §154(a)(1)(B), which directed amendment of par. (2)(A) of subsec. (a)(1) by inserting "and excluding certain complex rehabilitative power wheelchairs recognized by the Secretary as classified within group 3 or higher (and related accessories when furnished in con… (Medicare Improvements for Patients and Providers Act of 2008) Law text · (a)
- Pub. L. 110–275, §154(d)(1), added par. (7). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (a)
- Pub. L. 110–275, §154(b)(2), added subpar. (C). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
- Pub. L. 110–275, §154(d)(3)(B), added par. (10). Former par. (10) redesignated (11). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
- Pub. L. 110–275, §154(d)(3)(A), redesignated par. (10) as (11). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
- Pub. L. 110–275, §154(d)(4)(A), inserted "and the identification of areas under subsection (a)(1)(D)(iii)" after "(a)(1)(A)". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
- Pub. L. 110–275, §154(d)(4)(B), inserted "and implementation of subsection (a)(1)(D)" after "(a)(1)(B)". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
- Pub. L. 110–275, §154(d)(4)(C)–(E), added subpar. (G). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
- Pub. L. 110–275, §154(c)(2)(A), substituted "December 31, 2011" for "December 31, 2009". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (c)
- Pub. L. 110–275, §154(c)(2)(B), substituted "July 1, 2011" for "July 1, 2009". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (d)
- Pub. L. 110–275, §145(a)(1), struck out subsec. (e) which related to a demonstration project on the application of competitive acquisition to clinical diagnostic laboratory tests, terms and conditions of the project, and reporting requirement. (Medicare Improvements for Patients and Providers Act of 2008) Law text · (e)
- Pub. L. 110–275, §154(b)(3), added subsec. (f). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (f)
2003
- Pub. L. 108–173 amended section catchline and text generally, substituting provisions relating to competitive acquisition of certain items and services for provisions relating to demonstration projects for competitive acquisition of items and services. (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text
1999
- Pub. L. 106–113 inserted "and" after "specified by the Secretary". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (b)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.