Comments Due TODAY on Date Delay of Competitive Bidding IFR

As previously reported, CMS has opened a comment period on delay of the effective date for the interim final rule on competitive bidding. All comments must be submitted by Feb. 12, 2009 — today.

According to the CMS notice:

In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled “Regulatory Review,” CMS is seeking public comment on a contemplated delay of 60 days in the effective date of the rule entitled “Medicare Program; Changes to the Competitive Acquisition of Certain Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) by Certain Provisions of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA),” published in the Federal Register on January 16, 2009 (74 FR 2873). That rule implements certain MIPPA provisions that delay implementation of Round 1 of the competitive bidding program; requires CMS to conduct a second Round 1 competition (the “Round 1 rebid”) in 2009; and mandates certain changes for both the Round 1 rebid and subsequent rounds of the program, including a process for providing feedback to suppliers regarding missing financial documentation and requiring contractors to disclose to CMS information regarding subcontracting relationships. CMS is considering a temporary 60-day delay in effective date to allow CMS officials the opportunity for further review of the issues of law and policy raised by this rule, consistent with the Chief of Staff’s memorandum of January CMS-1561-NC 2 20, 2009. CMS solicits comments specifically on the contemplated delay in effective date and generally on the rule entitled “Medicare Program; Changes to the Competitive Acquisition of Certain Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) by Certain Provisions of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA).”

Numerous industry organizations are advising that electronic comments be posted in order to meet the comment deadline. Although the Web site for posting electronic comments lists Feb. 13 as the due date, CMS noted in a Federal Register posting this morning that comments are due Feb. 12, today.

“It is extremely important that every provider — whether they are in Round One or Round Two or not — get their comments in on delay of the date of this rule,” said Wayne Stanfield, president and CEO of the National Association of Independent Medical Equipment Suppliers. “We need to make sure CMS understands that this 60-day delay needs to be implemented.”

Electronic comments can be posted at www.regulations.gov.

1. Under “Search Documents,” type in CMS-1561-NC and click on “Go.”
2. The left-hand column of the next screen is headed “Narrow Results.” Under “Document Type,” click on “Rules,” and that will take you to the actual rule.
3. Click on “Send a Comment or Submission.”
4. Fill in the information required under “Submitter Information” and your comments. In your comments, refer to file code CMS-1561-NC.

View the HomeCare report on the competitive bidding interim final rule.

For continuing coverage of the revived competitive bidding program, check back frequently on HomeCare’s home page.