Phantom Posting Shows 10 Competitive Bidding MSAs

ATLANTA–An apparent list of the 10 metropolitan statistical
areas where DMEPOS competitive bidding will begin was posted on
CMS’ new Competitive Bidding Implementation Contractor Web site
Friday morning. The posting was brief, however, and the list of
bidding areas remains unconfirmed at this time.

The 10 MSAs as they appeared on the site include:

–Charlotte-Gastonia-Concord, N.C.-S.C.
–Cincinnati-Middletown, Ohio-Ky.-Ind.
–Cleveland-Elyria-Mentor, Ohio
–Dallas-Fort Worth-Arlington, Texas
–Kansas City, Mo.-Kan.
–Miami-Fort Lauderdale-Miami Beach, Fla.
–Riverside-San Bernardino-Ontario, Calif.
–Orlando-Kissimmee, Fla.
–Pittsburgh, Pa.
–San Juan-Caguas-Guaynabo, Puerto Rico

In the weeks leading up to the posting, rumors were rampant that
the agency would issue its final rule on competitive bidding
Friday, and, at the same time, confirm the cities where the bid
program will be phased in.

A CMS spokesperson, however, said the only official information
that had been released was a notice “on the Federal
Register Inspection Desk” (located in the physical Federal
Register office) that the agency’s target date for issuing the
final rule had been extended for 30 days.

“The initial target for this final rule had been March 31, 2007.
CMS is extending the date for an additional 30 days to allow
additional time to complete final clearance of the rule,” the
spokesperson said.

Section 902 of the Medicare Modernization Act requires CMS to
inform the public of targeted publication dates for regulations and
provide a further notification should that publication target
change.

“Any other information that any group or individual is
purporting to be an official CMS announcement on competitive
bidding is false,” the agency spokesperson said. “CMS has stated
from the beginning of the regulatory process that it does not
expect to make any announcements on the program until the final
rule is published.”

Washington insiders speculated, however, that technical
difficulties with the Web site may have prevented the agency from
releasing the final rule, and that the cities on the list are in
fact those where CMS will roll out its Medicare bid program. Some
said they believe the agency could still issue the rule at any
time–perhaps as soon as today–if difficulties with the site can
be corrected.

Friday morning, many of the CBIC Web pages, including those
dealing with supplier information and bid application, showed they
were still under construction. Later in the day, CMS restricted
access to the site–www.dmecompetitivebid.com–requiring a user
log-in and password, and subsequently put up a notice announcing
that information on the bidding program “is coming soon.”

The MMA mandates DME competitive bidding to begin in 10 of the
nation’s largest MSAs in 2007 and expand to 80 MSAs in 2009, after
which the government has the authority to take the program
nationwide.