BALTIMORE — A DME MAC notice last week added podiatrists to the list of providers who are exempt from CMS' accreditation requirement.

While they were not specifically listed as exempt in the Medicare Improvements for Patients and Providers Act, the notice said, podiatrists are included under the definition of a physician as defined in section 1861(r) of the Social Security Act.

CMS clarified in December exactly which professionals are exempt from the Sept. 30, 2009, DMEPOS accreditation deadline — and which aren't — based on changes under MIPPA (the same law that delayed competitive bidding last July).

An agency accreditation fact sheet lists those "eligible professionals" who are exempt as:

  • Physicians (as defined in section 1861(r) of the Social Security Act)
  • Physical therapists
  • Occupational therapists
  • Qualified speech-language pathologists
  • Physician assistants
  • Nurse practitioners
  • Clinical nurse specialists
  • Certified registered nurse anesthetists
  • Certified nurse-midwives
  • Clinical social workers
  • Clinical psychologists
  • Registered dietitians, and
  • Nutritional professionals.

In addition, "other persons" including orthotists, prosthetists, opticians and audiologists are also exempt from CMS' mandatory deadline.


CMS said it would define by rulemaking in 2009 how the accreditation quality standards apply to the "eligible professionals" and "other persons" groups.

In its earlier clarification, the agency also specifically noted that pedorthists, mastectomy fitters, orthopaedic fitters/technicians and athletic trainers are not exempt and must meet the accreditation deadline. Last week's MAC notice repeated that "pedorthists are not exempt from the accreditation requirement at this time."

Alex Bennewith, senior manager, government affairs, for the American Association for Homecare, reminded HME providers that under the MIPPA statute, they are not exempt from accreditation. "We are making sure all of our members are aware of the requirement and ready to comply with all of the regulations," she said.

Meanwhile, pharmacists are seeking exemption from DMEPOS accreditation in proposed legislation introduced in the House (H.R. 616) with a companion bill (S. 511) in the Senate (see Bill Would Exempt Pharmacists from Accreditation, Jan. 26). But CMS' Sandra Bastinelli, who has oversight of the DMEPOS accreditation program, has estimated there are 25,000 pharmacy locations already accredited. If a pharmacy bills Medicare Part B for DMEPOS, it must meet the Sept. 30 deadline, she said during an Open Door Forum Feb. 18.