Sen. Specter Asks for Do-Over on PMD Rule

Baltimore

Even though CMS’ new interim final rule for power mobility devices went into effect on Oct. 25, things could change with a last-minute amendment introduced by Sen. Arlen Specter, R-Pa.

Attached to the Senate’s 2006 appropriations bill, which includes spending plans for HHS, Labor and Education (H.R. 3010), the amendment would restrict use of funds to implement or enforce the new rule — which replaces the CMN for power wheelchairs with a doctor’s prescription.

Under the amendment, CMS would be required to withdraw the rule and reissue a proposed rule by Jan. 1, 2006. After a 45-day comment period, a final rule would then be issued by Feb. 14 to take effect April 1, 2006.

The Senate passed the amendment by voice vote, but as of press time, the bill had yet to be approved by the House of Representatives. According to industry insiders, the bill is expected to be approved before Thanksgiving with Specter’s amendment intact.

But until the president signs the bill, the interim final rule will remain in effect, said Seth Johnson, director of government relations at Pride Mobility and chair of the American Association for Homecare’s Rehab and Assistive Technology Council. “When the bill is approved by Congress, we hope that CMS will not wait for the president to sign it before putting this delay into effect,” Johnson said in a notice from AAHomecare.