WASHINGTON--In a letter addressed to government officials,
Rep. Betty Sutton, D-Ohio, asks for rescission of the impending interim final rule on competitive bidding. The IFR is slated to take effect April 18 and requires a rebid of Round One in 2009.
 
“We are deeply concerned that CMS has rushed implementation of this rule counter to Congress' intent when it delayed the competitive bidding program as part of the Medicare Improvements for Patients and Providers Act of 2008,” Sutton writes. “As such, we urge you to rescind the rule so that all affected parties will have an opportunity to comment on it as a proposed regulation.”
  
A particular concern about the bidding program was “the immediate elimination of thousands of eligible providers throughout the country from the Medicare program,” Sutton notes. Of providers who bid in Round One, she points out, “only 376 were deemed to have met the bidding program requirements, which were not clearly defined by CMS and its contractor. As growing numbers of seniors enter the Medicare program, it is important that we take care to maintain an adequate number of qualified and capable providers to address demand for care in the home, especially in rural areas.”
 
Sutton says she remains concerned that with the IFR, many of the changes that were recommended to prevent “access problems and confusion” in the bidding process were not incorporated or even raised for public comment.  
 
“Any final rulemaking on this program should at a minimum provide assurances that the alleged discrepancies between information submitted by bidders and received by CMS will not again result in the unfair disqualification, without appeal, of longstanding companies in our states who have offered quality home care services for decades,” the letter says. “CMS also needs to ensure that its contractor is consistently and properly applying the standards established to qualify suppliers for participation in the program, notably a supplier's demonstrated capacity to serve a given area and patient population.”
 
Sutton is circulating a “Dear Colleague” letter to fellow representatives asking them to sign on to her letter, which will be sent to HHS Acting Secretary Charles Johnson, CMS Acting Administrator Charlene Frizzera and Nancy-Ann DeParle, director of the White House Office of Health Reform.
 
The American Association for Homecare is hoping for a large number of co-signers from both parties to provide momentum for rescinding the rule. “AAHomecare asks that every HME stakeholder weigh in with their members of Congress,” the association said in an action alert. “Please ask your legislator in the House of Representatives to add his or her support to [Rep. Sutton’s] sign-on letter to CMS and the White House.”
 
The deadline for House members to contact Sutton’s office is close of business Thursday, April 9.
 
For direct connection to members of Congress, call the Capitol switchboard at 202/224-3121.