BALTIMORE--The panel advising CMS on Medicare DME competitive bidding is meeting today and Tuesday, but panel members said they are not expecting much new information from the agency on its recent proposed rule.

Topics on the agenda for the Program Advisory and Oversight Committee include an overview of the Notice of Proposed Rulemaking, an update on quality standards and accreditation, selection of metropolitan statistical areas and items, payment rules, the bidding process, small business impact, conditions for awarding contracts, single payment amount, the rebate program and terms of contract.

The NPRM, published May 1, outlines how CMS intends to implement the DME bidding process in 2007. But with many details missing, some stakeholders said they had more questions than answers. (See HomeCare Monday, May 1.)

According to PAOC member Dave Kazynski, president of VGM Homelink, there are just as many questions about what's not in the rule as about the information it does contain. "We don't know where, what, how, who or when," said Kazynski, speaking at the American Association for Homecare Leadership Conference earlier this month. "We don't know where the cities will be, what products will be included or how the [supplier] quality standards will impact the bidding process."

PAOC member Asela Cuervo, of the Law Offices of Asela Cuervo, Washington, D.C., said she is also looking for clarification of the NPRM at this week's meeting. But she added that "under the law, CMS is precluded from talking about what they might end up doing. This is a proposed rule, and as an agency they really are only in a position to explain what's in the rule and solicit comments from the public."

A public comment period is scheduled today from 4:15 to 5 p.m. EDT, and the two-day meeting will conclude Tuesday with a special Open Door Forum from 2 to 3:30 p.m. during which stakeholders can call in.

Cuervo noted that public comments made during the meeting are considered informal, and do not replace the formal comment process. "Remember that just because [someone] provides verbal comments over the phone does not mean they shouldn't send in their comments on the rule," she said. "Everyone should remember if they want their comments to be considered, they must send them in writing."

Comments on the proposed rule can be submitted at www.cms.hhs.gov/eRulemaking for official consideration. Comments are due June 30.

To participate in Tuesday's Open Door Forum by phone, call (800) 837-1935 and reference conference ID: 8996164.

For more information on the PAOC meeting, click here.

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