# 119-s-5062: FAIR DME Appeals Act

119-s-5062, FAIR DME Appeals Act, is a 119th Congress bill sponsored by Sen. Cassidy, Bill [R-LA] (R-LA); status introduced; PRIA reads it as touching household money (as of 2026-08-05).

- Canonical: https://policyrisk.com/legislation/119-s-5062
- As of: 2026-08-05
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-5062
- Congress: 119
- Title: FAIR DME Appeals Act
- Status: introduced
- Introduced: 2026-07-22
- Sponsor: Sen. Cassidy, Bill [R-LA] (R-LA)
- Cosponsors: 0
- Policy area: Health
- Touches household money: yes
- Last recorded action: 2026-08-05

## Summary

**Makes Medicare contractors pay attorneys' fees to winning DME suppliers.** This bill would require certain Medicare contractors to pay reasonable attorney fees and out-of-pocket litigation costs to durable medical equipment suppliers that prevail on a final administrative appeal when the initial determination is found clearly erroneous, unsupported by substantial evidence, or contrary to law. - Durable medical equipment suppliers: They could recover reasonable attorney fees and traditional litigation costs when they win a favorable final appeal. Suppliers must apply for payment within 30 days and could be required to return fees if fraud or bad faith is later proven. - Covered contractors: Medicare Administrative Contractors, qualified independent contractors, and eligible entities with certain contracts would be responsible for these payments when appeals meet the bill's standards. If one contractor affirms another's denial during the process, the contractors split fees evenly for that appeal. - Appeal process and judges: A supplier serves its fee application on each covered contractor and each contractor has 30 days to respond. An administrative law judge must determine the fee amount within 60 days after that response period using the lodestar method and the judge's determination would not be appealable.

## Provisions PRIA read

- Attorney fees for DME suppliers: benefit, high. If enacted, the bill would let a durable medical equipment (DME) supplier who wins a final appeal at OMHA recover reasonable attorney fees and litigation costs from the covered contractor. The award would apply when an ALJ finds the initial determination was clearly erroneous, unsupported by substa…
- Return fees if appeal was fraudulent: cost, high. If enacted, the bill would require a DME supplier to return any attorney fees or litigation costs previously paid if a court or other adjudicator later finds the favorable appeal was obtained through fraud, misrepresentation, or bad-faith conduct. Returned money would go back to each covered contra…
- Timing rules for DME fee changes: mixed, low. If enacted, the bill would require HHS to issue regulations to carry out these changes within two years of enactment. The substantive amendments would apply only to contracts entered on or after the January 1 following issuance of those rules. This timing delays when suppliers and contractors must…

## Related bills

- 119-s-4744: Take Care of America’s Veterans Act
- 119-s-2120: Older Americans Act Reauthorization Act of 2025
- 119-s-2121: SUPPORT for Patients and Communities Reauthorization Act of 2025
- 119-s-5258: PREFERRED Screening Act
- 119-s-4302: Improving IRS Customer Service Act
- 119-s-1941: Cure Hepatitis C Act of 2025

## Sources
- [119-s-5062 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/5062)

## Related
- [119-s-4744: Take Care of America’s Veterans Act](https://policyrisk.com/legislation/119-s-4744)
- [119-s-2120: Older Americans Act Reauthorization Act of 2025](https://policyrisk.com/legislation/119-s-2120)
- [119-s-2121: SUPPORT for Patients and Communities Reauthorization Act of 2025](https://policyrisk.com/legislation/119-s-2121)
- [119-s-5258: PREFERRED Screening Act](https://policyrisk.com/legislation/119-s-5258)
- [119-s-4302: Improving IRS Customer Service Act](https://policyrisk.com/legislation/119-s-4302)
- [119-s-1941: Cure Hepatitis C Act of 2025](https://policyrisk.com/legislation/119-s-1941)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-5062 (as of 2026-08-05).