Washington

The long-awaited final rule on the durable medical equipment upgrade provision has been tripped up by a technicality, according to the American Association for Homecare.

The rule, which would allow consumers to pay for some DME options not covered by Medicare, had overcome all hurdles and was signed off by former Secretary of Health and Human Services Donna Shalala. But Shalala did not forward the rule to the Office of the Federal Register in time for publication, and it now will be delayed until the Bush administration reviews it, AAHomecare officials said. Bush's chief of staff, Andrew Card, has ordered all agencies to withdraw proposed or final rules that have not been published until they are reviewed by the administration.

Because the rule originated in the Health Care Financing Administration, AAHomecare speculated at press time that it could be delayed further until a HCFA administrator is named by the White House and confirmed by the Senate.