CMS Announces Dates to Begin Negotiated Rulemaking
CMS (The Centers for Medicare and Medicaid Services) has just announced in
today’s Federal Register the dates of the first two meetings of the
negotiated rulemaking committee, which will work on regulations to implement
the “qualified provider” language of the Benefits Improvement and Protection
Act of 2000 (BIPA). The first meeting will be held October 1st through 3rd
in Baltimore, Maryland. The second will be October 29-31. AOPA will have a
seat at the negotiating table and will be represented by John Michael, CPO,
FISPO, FAAOP and David C. Schultz, CPO. Various other O&P organizations
will also be represented.
The purpose of the rulemaking (which is really a series of meetings) is to
allow the industry to help develop regulations which will implement Section
427 of BIPA. This Medicare law restricts who can provide prosthetic and
certain custom orthotic services to “qualified providers.” The negotiations
will deal with, among other issues, to what codes the restriction should
apply, what constitutes a “qualified” provider and how the regulations
should be implemented.
Over the past several months, AOPA has helped spearhead meetings with other
O&P groups to begin to build a consensus on many of the issues that will be
discussed during the rulemaking sessions.
Negotiated rulemaking meetings will be open to the public on a first-come,
first-served basis, but most of the opportunity for formal input will be
from participants, such as AOPA, who are designated representatives.
Look for ongoing updates from AOPA’s government affairs department
throughout the course of the negotiated rulemaking process, which is
expected to last approximately six months.
Kathy Dodson
Senior Director of Government Affairs
American Orthotic and Prosthetic Association
