Sutton Letter Urges Rescission of Bidding IFR

WASHINGTON–In a letter addressed to government officials,
Rep. Betty Sutton, D-Ohio, asks for rescission of the impending
interim final rule on competitive bidding. The IFR is
slated to take effect April 18 and requires a rebid of Round One in
2009.
 
“We are deeply concerned that CMS has rushed implementation
of this rule counter to Congress’ intent when it delayed the
competitive bidding program as part of the Medicare Improvements
for Patients and Providers Act of 2008,” Sutton writes.
“As such, we urge you to rescind the rule so that all
affected parties will have an opportunity to comment on it as a
proposed regulation.”
  
A particular concern about the bidding program was “the
immediate elimination of thousands of eligible providers throughout
the country from the Medicare program,” Sutton notes. Of
providers who bid in Round One, she points out, “only 376
were deemed to have met the bidding program requirements, which
were not clearly defined by CMS and its contractor. As growing
numbers of seniors enter the Medicare program, it is important that
we take care to maintain an adequate number of qualified and
capable providers to address demand for care in the home,
especially in rural areas.”
 
Sutton says she remains concerned that with the IFR, many of the
changes that were recommended to prevent “access problems and
confusion” in the bidding process were not incorporated or
even raised for public comment.  
 
“Any final rulemaking on this program should at a minimum
provide assurances that the alleged discrepancies between
information submitted by bidders and received by CMS will not again
result in the unfair disqualification, without appeal, of
longstanding companies in our states who have offered quality home
care services for decades,” the letter says. “CMS also
needs to ensure that its contractor is consistently and properly
applying the standards established to qualify suppliers for
participation in the program, notably a supplier’s demonstrated
capacity to serve a given area and patient population.”
 
Sutton is circulating a “Dear
Colleague” letter to fellow representatives asking them
to sign on to her letter, which will be sent to HHS Acting
Secretary Charles Johnson, CMS Acting Administrator Charlene
Frizzera and Nancy-Ann DeParle, director of the White House Office
of Health Reform.
 
The American Association for Homecare is hoping for a large number
of co-signers from both parties to provide momentum for rescinding
the rule. “AAHomecare asks that every HME stakeholder weigh
in with their members of Congress,” the association said in
an action alert. “Please ask your legislator in the
House of Representatives to add his or her support to [Rep.
Sutton’s] sign-on letter to CMS and the White
House.”
 
The deadline for House members to contact Sutton’s office is
close of business Thursday, April 9.
 
For direct connection to members of Congress, call the Capitol
switchboard at 202/224-3121.