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On June 18, 2009, and
again on June 26, the Centers for Medicare & Medicaid Services (CMS)
announced plans to begin accepting a new round of competitive bids
from suppliers of durable medical equipment, prosthetics, orthotics,
and supplies (DMEPOS). Later in the Summer of 2009, CMS will
announce its DMEPOS bidding schedule, including a schedule of
educational events for prospective bidders, along with the timing of
its bidder registration period. Moreover, the current announcements
encourage prospective bidders to complete their mandatory DMEPOS
accreditation requirements by September 30, 2009. In the Fall of
2009, CMS will launch the actual bidding competition.
Of importance to
advocates and beneficiaries is the need to remain alert to upcoming
changes. The DMEPOS competitive bidding process will result in a
different array of suppliers who are eligible to provide
Medicare-covered DMEPOS. For some beneficiaries, this may
necessitate a change of suppliers; for others, no changes will be
necessary. Advocates can visit the DMEPOS competitive bidding
program section of the CMS website for the latest developments:
www.cms.gov/DMEPOSCompetitiveBid/.
Background
Competitive Bidding
Areas
DMEPOS Competitive
bidding is to occur in the nine largest Metropolitan Statistical
Areas (MSAs): Cincinnati – Middletown (OH, KY and IN); Cleveland
–Elyria-Mentor (OH); Charlotte-Gastonia-Concord (NC and SC);
Dallas-Fort Worth-Arlington (TX); Kansas City (MO and KS); Miami-
Fort Lauderdale-Miami Beach (FL); Orland (FL); Pittsburgh (PA);
Riverside-San Bernardino-Ontario (CA).
Categories of Items
and Services for Rebid
The Round 1 rebid will
include the following categories of items and services:
-
Oxygen Supplies and
Equipment;
-
Standard Power
Wheelchairs, Scooters, and Related Accessories;
-
Complex
Rehabilitative Power Wheelchairs and Related Accessories (Group
2);
-
Mail-Order Diabetic
Supplies;
-
Enteral Nutrient,
Equipment and Supplies;
-
Continuous Positive
Airway Pressure (CPAP);
-
Respiratory Assist
Devices (RADs), and Related Supplies and Accessories;
-
Hospital Beds and
Related Accessories;
-
Walkers and Related
Accessories;
-
Support Surfaces
(Group 2 mattresses) and overlays in Miami.
The MMA requires that the
competitive bidding program be phased in first for those items which
have the greatest potential for savings. This includes high cost
and high volume items. The items will be chosen based on: total
Medical expenditures (allowable charges) for the item; growth in
Medicare expenditures; number of suppliers of the item; savings
potential; and findings, reports and studies by the Office of
Inspector General (OIG) or the Government Accountability Office
(GAO).
Certain Providers
Exempted
The competitive bidding
process also allows for the grandfathering of certain special
physician/practitioners - nurses, physician assistants, clinical
nurse specialists, and physical therapists and occupational
therapists in private practice - to receive payment for certain
competitively bid items furnished to their own patients as part of
the professional service even though they have not submitted a bid
and have not been selected as a contract supplier.
Beneficiaries who are
renting an item of DME, or oxygen and oxygen equipment, that meets
the definition of a grandfathered item may elect to obtain the item
from a grandfathered supplier. The rules also contain special
provisions for small suppliers, including forming networks of small
suppliers.
Conclusion
As the DMEPOS competitive
bidding process begins in earnest through the summer and fall of
2009, advocates and beneficiaries should be certain to talk to their
suppliers of DMEPOS. It will be necessary to know whether they are
preparing to bid, and whether they are accredited as required under
the DMEPOS program.
[2] §154(a) of
MIPPA, §1847(a) of the Social Security Act, 42 U.S.C.
§1395w-3; implementing regulations, 42 C.F.R. §414.400 et
seq.
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