Request for Information
CRE’s Data Quality Alert emphasized the need for reliable data on a number of specific issues including “supplier capacity.” This term refers to CMS’ estimates of the ability of bidders to meet projected demand for DMEPOS items within a Competitive Bidding Area (CBA). CMS’ planned methodology for estimating supplier capacity includes looking “at trend data for new suppliers in that area, and examine the capacity of other suppliers in that area.”
CRE requests that readers provide us with supplier capacity information including data related to projected demand and data concerning the ability, or inability, of potential bidders to meet demand in a CBA in accordance with CMS standards.
Inside CMS Article on the CRE Interactive Public Docket
Inside CMS has written a comprehensive article in its May 27, edition, entitled “CRE Interactive Site Offers Venue For Debate On Competitive Bidding. The article makes the following points:
· Stakeholders hoping to influence CMS’ restart of its controversial durable medical equipment competitive bidding effort now have a new outlet: An interactive, online “docket” unveiled Wednesday (May 27) by a veteran lobbyist who headed the Office of Management and Budget’s regulatory affairs shop during the Reagan administration.
Google Highlights the CRE IPD on CMS Rule
cms-ipd-google-pdfOn the launch date for the CRE IPD , Google recognized the CRE website on the CMS Competitive Bid rule by listing the IPD on the first page of a Google search when the words “CMS competitive bidding” are entered in the search engine– see the attachment.
The aforementioned placement by Google will ensure that comments placed on the IPD will be given considerable publicity–considerably more than is accomplished by relying on a static regulatory docket.
CRE Files Data Quality Alert on the Competitive Bidding RuleThe Center for Regulatory Effectiveness (CRE) has alerted CMS of its obligation to ensure that all actions taken with respect to the Competitive Bidding rule comply with the Data (Information) Quality Act (DQA). The discharge of this responsibility requires CMS to continue its commitment to disseminating only that data which complies with the DQA by releasing its Data Quality assurance documents on five key components of the competitive bidding rule–HCPCS Codes, Beneficiary Demand, Supplier Capacity, Composite Bids and Pivotal Bids.The CMS Data Quality Alert is attached hereto and is taken pursuant to the Data (Information) Quality Act. CMS is in the critical stage of implementing its rule on Competitive Bidding.Technological advances have made the sixty day notice and comment period authorized in the Administrative Procedure Act obsolete–the regulatory process is now a 24/7 endeavor.
Presently there is no systematic and public manner in which the public can provide CMS their views on program implementation. To fill this void, CRE has developed this Interactive Public Docket (IPD) which will be submitted to CMS.
A Major Wall Street Firm To Opine On Competitive Bidding Rule
A major Wall Street firm which evaluates the stock of publicly held companies will offer comments on the CMS competitive bidding rule. This extraordinary measure is required because regulators have not assessed the impact the Interim Final Rule will have on a number of firms
CRE’s IPD on the CMS Competitive Bidding Rule
competitivebidding-ifrThe Interactive Public Docket (IPD) is a product of CRE’s historical work to allow the public to be involved in regulatory decisions after the end of a public comment period on a proposed rule, after a final rule is issued or when a regulatory agency is implementing a rule—in essence when the regulatory docket is closed.
Regulatory decisions are often public policy decisions which are subject to a constant flow of new information. Federal regulators should be advised of this information on a continuous basis (24/7) and not restricted to the usual sixty to ninety days allowed for public comments during normal rulemaking. The attachment hereto describes how the CRE IPD operates.
Comments Submitted to CMS by AdvMed
Of particular note in the AdvMed comments is the emphasis they placed on the role that the Program Advisory and Oversight Committee (PAOC) could assume in the competitive bidding program. The PAOC, in that it is meeting on June 4, should be advised of specific actions it could take to improve the competitive bidding program.
CRE will initiate an action to have the PAOC address issues of particular concern.
The attachment to this article and all following articles are the public comments filed to CMS by the respondents so identifed above.
Comments Submitted to CMS by the American Association for HomeCare
Individuals wishing to comment on these comments can do so by merely clicking on the comments link in the upper left hand side of this post
Interesingly, the comments of the American Association for Homecare hightlight the need for an IPD on this rule because of the constantly changing information:
“CMS issued a final rule on competitive bidding that addressed only the broad framework of the program while giving itself vast discretion to evaluate bidders on subjective factors such as quality or financial soundness based on criteria that were not identified in the rule. Instead, many of the substantive requirements for bidding were issued informally – either verbally during CMS contractor teleconferences or through written questions and answers posted on the contractor’s website, completely by-passing the rulemaking process.3 “
CMS Reimbursement Rule
The attachment hereto is the rule which the subject of the comments submitted by the respondents in this Interactive Public Docket.
Individuals or organizations who have additional concerns or new information should post articles or comments in the Discussion Forum which is located on the upper right hand side of this page. Annoymous comments are accepted.
Individuals who wish to make a less formal statement can do so by clicking in the email icon located in the upper right hand corner of this page. All comments are assumed to be comments made to the public.
Comments Submitted to CMS by the Diabetic Product Suppliers Coalition
The Coaltion concludes:
CMS’s apparent haste to enact a Competitive Bidding Program that is nearly identical to the program that was initially implemented for rollout in 2007-2008, including almost all of the same flaws, is at odds with Congress’s decision to delay the Program’s implementation through the passage of MIPPA.