According to HME News, the Centers for Medicare & Medicaid Services (CMS) is expected by December 19 to publish in the Federal Register an interim final rule outlining its plans for the national competitive bidding program for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). The rule, titled "Limited Changes to the Competitive Acquisition of Durable Medical Equipment, Prosthetics, Orthotics and Supplies," is currently in final clearance with the Office of Management and Budget. Publishing it by December 19 would allow CMS to enact the rule before a new administration takes office. Seth Johnson, vice president of government affairs for Pride Mobility Products, Exeter, Pennsylvania, was quoted as saying, "I'm not surprised at all that they're going to make another run at seeing competitive bidding move forward sooner rather than later.... This just shows, again, the Bush administration's strong support for the program."
However, even if CMS publishes the rule by Dec. 19 and implements it within the allowed 30 days, it may not be acted upon by the incoming administration. Johnson said, "There's nothing that precludes the incoming administration from not taking action on the rule&. Or, for that matter, making changes to the rule or pulling it."
HME News reported, "CMS hasn't even assembled a new Payment Advisory Oversight Committee (PAOC) for competitive bidding. Ideally... the agency would issue a proposed rule, meet with the PAOC and other interested parties, solicit comments, and then issue a final rule."
In July 2008, Congress ordered CMS to delay implementing the competitive bidding program and to improve it, including allowing providers to submit additional bidding paperwork, if necessary.
For more information on the competitive bidding program, visit www.cms.hhs.gov/DMEPOSCompetitiveBid/
