Computer Glitch: CMS Needs New Comments on 2010 Fee Schedule Rule

BALTIMORE—Comments that were submitted electronically on
the 2010 Physician Fee Schedule proposed rule might need to be
resubmitted.
 
In a notice published in the Aug. 26 Federal Register, CMS
said that due to a software error, comments on the rule that were
submitted electronically from July 26 through July 30 were not
received.
 
Tucked deep within the 1,128-page proposed rule, which was
published in the Federal Register July 13, a section
dealing with DME outlines a damage claims process for
winners in Round 1 of competitive bidding whose
contracts were terminated when Congress delayed the bidding
program. 
  
Also in the rule, CMS proposes tightening up the grandfathering
provision for the new Round 1 of DMEPOS competitive bidding. The
rule would revise
the definition of “grandfathered” items to include all
rented items within a product category.

According to the proposal: “If a supplier chooses to become a
grandfathered supplier for any item in a product category, it must
agree to be a grandfathered supplier for all items it is renting in
that product category at the time the competitive bidding program
goes into effect, rather than making separate grandfathering
choices for each individual [HCPCS] code.”
 
Under the previous competitive bidding rule, HME companies that did
not win contracts (bid losers) could make a decision on a
code-by-code basis about whether to continue providing that product
to beneficiaries under the new bid rate. Under the new proposal,
the decision has to be product category by product category.
 
Another aspect of the proposal calls for providers to notify
beneficiaries three separate times whether or not they intend to
become grandfathered suppliers.
 
CMS is asking anyone who submitted comments on the proposed fee
schedule rule on the days in question to resubmit their comments
before the comment period closes Aug. 31.
The software problem has been corrected, the agency said, and
safeguards put in place to ensure the error will not occur for
future rulemaking documents.

See the Federal
Register Notice
requiring resubmission of comments.

See the full text of the proposed rule and instructions for
commenting.