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.)