Weems Designated Acting Administrator of CMS, Kuhn Appointed Deputy

WASHINGTON–On Tuesday, President Bush designated Kerry N. Weems
as acting CMS administrator.

Bush nominated Weems, a longtime federal official, for the top
CMS post in May, and the Senate held a confirmation hearing on the
nomination July 25.

But according to news reports, no vote on the nomination has
been scheduled, and Senate Finance Committee Chairman Max Baucus,
D-Mont., has said there won’t be one until committee members get
all of their questions answered.

During the nomination hearing, committee members made several
requests for an extension to CMS’ July 27 competitive bidding
deadline for DMEPOS. Citing providers’ difficulties in bidding,
Sen. Pat Roberts, R-Kan., wrapped up the hearing by reading a list
of providers’ specific bidding problems–including technical
difficulties with the bidding system and lack of details about the
program–into the hearing record. Two days later, just hours before
the 9 p.m. deadline, CMS extended the bid window until Sept.
25.

A 24-year government veteran, Weems served most recently as
deputy chief of staff to HHS Secretary Mike Leavitt, advising on
budget issues as the Bush administration tries to restrain the pace
of federal health spending. While the administration said it will
continue to work to have Weems confirmed, Leavitt said on Wednesday
that while the CMS nomination is pending, “it is important that we
have solid leadership in place now with the authority to head this
critical agency.”

If confirmed, Weems would succeed Mark McClellan, who resigned
in October.

Leavitt also announced the appointment of Herb Kuhn as deputy
CMS administrator. Kuhn has served for nearly a year as acting
deputy administrator.

Speaking at the American Association for Homecare’s Legislative
Conference in June, Kuhn told the group that CMS is moving toward
full implementation of competitive bidding and intends to enforce
its final rule on the program–mandated by the Medicare
Modernization Act of 2003–as it stands. (See HomeCare
Monday, June 11.)