March 17: Don’t Be Late for This Important Date

BALTIMORE — March 17 is more than St. Patrick’s Day this
year. It’s the last day for commenting on CMS’ competitive bidding IFR, and the
date of a
special Open Door Forum on the surety bond requirement for DMEPOS
providers.

On Jan. 16, CMS published an interim
final rule that revives the Medicare competitive bidding
program. The rule was scheduled to take effect Feb. 17, but the
agency
delayed its effective date until April 18 to give the Obama
administration time for review. The original comment period for the
rule — March 17 — remains unchanged.

While the date delay gives the HME sector a temporary reprieve,
said AAHomecare President Tyler Wilson,
“everything about CMS’ handling of the competitive bidding program
from the very outset has been troubling.

“Starting with the mismanaged implementation in 2008, through
the mischaracterization of the program as a fraud prevention
effort, to the rush earlier this year on Jan. 16 to ramrod the
program through under the cover of the previous administration on
its very last day, CMS seems intent on being confrontational with
the HME community. Now, with some respite in the process, I hope
that CMS will circle back and conclude they should work with home
care providers through the [Program Advisory and Oversight
Committee] and other means to make sure the reimplementation is
free of flaws.

“Or better yet,” Wilson continued, “CMS should work with the HME
community to convince Congress that the bidding program will harm
beneficiaries and providers alike and should be scrapped.”

The industry got a boost from Rep. Heath Shuler, D-N.C., who
called
for an end to DMEPOS bidding last month during a House Small
Business subcommittee hearing. But CMS’ Laurence Wilson, who
testified at the hearing, told committee members the Medicare
Improvements for Patients and Providers Act — the law
Congress passed to delay the program — also requires its
relaunch in 2009. CMS intends to move forward with a rebid of Round
One this year, he said.

Eliminating competitive bidding before it can be implemented
again is a top industry priority because of “the clear harms it
would inflict on patient access to care, quality of care, and on
the nation’s home care infrastructure,” AAHomecare said in a Friday
update. To gain momentum and unify messages, the association said
it has outlined key government relations, grassroots and PR actions
needed to stop the program.

Working with state associations, AAHomecare’s “roadmap” for
ending competitive bidding includes outreach to consumer
organizations for support, education of new members of Congress and
the Obama administration, a media campaign and development of
grassroots action at the state and individual provider level.

“Providers should ask their members of Congress ‘Do you support
a selective contracting program that puts most of the bidders out
of business, even if they agree to a lower price?’” Wilson
suggested. “This anti-competitive bidding scheme is simply a
government-mandated consolidation program that will systematically
kill competition and reduce access and care for the growing number
of Americans who need medical equipment, care and supplies at
home.”

The association has unveiled a new Web page on competitive bidding
issues.

To submit electronic comments on the competitive bidding IFR, go
to www.regulations.gov.
Enter file code CMS-1561-IFC and click on “Go.” 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. Click on “Send a Comment or Submission.” Fill in the
information required under “Submitter Information” and your
comments. In your comments, refer to file code CMS-1561-IFC.

For additional information, see www.cms.hhs.gov/DMEPOSCompetitiveBid.

View the
rule in the Federal Register as a PDF.

CMS has also set March 17 as the date for a Special Open Door
Forum detailing the surety bond requirement. The teleconference
will be held from 2-3:30 pm ET.

On Dec. 29, the agency announced it would require providers to
post a $50,000 surety bond and published a final rule on the
requirement Jan. 2. Existing providers must comply by Oct. 2, 2009,
while newly enrolling suppliers must have a bond in place by May 4,
2009.

According to the
Open Door notice, CMS staff will discuss key provisions of the
final rule, including exemptions to the surety bond requirement;
implementation dates; the definition of a final adverse action; and
elevated surety bond amounts. The session will also include a
Q&A.

To participate by phone, call 800/837-1935 and reference
Conference 88857015.