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Report File
Date Issued
Submitting OIG
Department of Health & Human Services OIG
Other Participating OIGs
Department of Health & Human Services OIG
Agencies Reviewed/Investigated
Department of Health & Human Services
Report Number
OEI-04-18-00441
Report Description

The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) prohibits CMS from awarding a Competitive Bidding Program contract to a supplier of diabetes test strips if the supplier's bid does not cover at least 50 percent, by volume, of the types of diabetes test strips provided to Medicare beneficiaries. This is known as the "50-percent rule." MIPPA requires OIG to determine the market shares of the types of diabetes test strips before each round of competitive bidding to assist CMS in ensuring that bidding suppliers meet the 50-percent rule. Initially, compliance with the 50 percent rule was assessed using mail order claims only. The Bipartisan Budget Act of 2018 amended the 50-percent rule by requiring that, for bids on or after January 1, 2019, CMS must use data from the non-mail order Medicare market as well as the mail-order one. Since 2010, OIG has been conducting evaluations of the Medicare market shares of diabetes test strips provided via mail order. This is the first OIG evaluation of Medicare market shares for diabetes test strips provided via non-mail order.

Report Type
Inspection / Evaluation
Agency Wide
Yes

Department of Health & Human Services OIG

United States