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IFR Clears Way for Round One Do-Over
WASHINGTON — Ignoring pleas from scores of legislators, consumer organizations and HME associations representing thousands of home medical equipment providers, CMS refused last month to rescind the interim final rule for DMEPOS competitive bidding. The IFR, which requires a rebid of Round One in 2009, went into effect Saturday, April 18.
"Based upon its review and on the need to ensure that CMS is able to meet the statutory deadlines contained in [the Medicare Improvements for Patients and Providers Act of 2008], the administration has concluded that the effective date should not be further delayed," CMS said in a statement.
The decision to forge ahead in spite of numerous letters from federal lawmakers calling for the rule to be rescinded surprised some industry stakeholders. A bipartisan letter on the rule sent to HHS, CMS and the Obama administration, contained the signatures of 84 members of Congress. In total, some 100 senators and representatives weighed in on the rule.
"I really am disappointed. I thought that, at the minimum, they would delay the program," said Seth Johnson, vice president of government affairs for Pride Mobility Products, Exeter, Pa. "I am quite confident that the CMS statement is not going to be well received by the members of Congress [who called for the IFR to be rescinded]."
Tyler J. Wilson, president of the American Association for Homecare, also said CMS' decision was unexpected. "Given the problems highlighted in recent months and the congressional concerns, we are surprised by the decision to move forward," he said.
Industry Fight Continues
Since issuing the IFR Jan. 16, CMS has been inundated with individual and collective letters from members of Congress about the rule. Among serious problems, they said, the IFR does not adequately address the issues that compelled Congress to halt Round One of the bidding program two weeks after its implementation last July.
"They've made absolutely no changes from last year, and that doesn't sit well with people," said Cara Bachenheimer, senior vice president of government relations for Elyria, Ohio-based Invacare Corp.
