Washington A controversial CMS rule that does away with Medicare's power mobility certificate of medical necessity and requires suppliers to keep patient

Washington

A controversial CMS rule that does away with Medicare's power mobility certificate of medical necessity and requires suppliers to keep patient records on file is likely to be put on hold for a few months.

As of press time, the Labor-HHS appropriations bill — which includes a provision that prohibits CMS from using resources to implement or enforce the interim final rule (IFR) for power mobility devices until April 1 — had passed both the House and Senate was expected to be signed into law by President Bush.

Although the rule officially took effect Oct. 25, Sen. Arlen Specter, R-Pa., introduced the amendment a few days later in an effort to delay its implementation.

The amendment also instructs CMS to issue a proposed rule by Jan. 1 — though at press time observers felt that was unlikely — followed by a final rule to be issued Feb. 14, with a 45-day implementation period.

Industry leaders also were relieved that a provision in the original amendment that would have reduced payments for power mobility devices by 1.5 percent was removed from the final version.

“This delay should provide suppliers with some ‘breathing room,’ an opportunity to better educate physicians on the new documentation requirements and operationalize the new rules,” Elyria, Ohio-based Invacare Corp. wrote on its Web site after the Senate passed the bill Dec. 21.