CMS Proposes Revisions to DMEPOS Suppliers Safeguards
The Centers for Medicare & Medicaid Services (CMS) proposed revisions to the Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Suppliers Safeguards in the Federal Register on April 4. According to CMS, this proposed rule would
…remove the definition of and modify requirements regarding ‘direct solicitation;’ allow DMEPOS suppliers, including DMEPOS competitive bidding program contract suppliers, to contract with licensed agents to provide DMEPOS supplies unless prohibited by State law; remove the requirement for compliance with local zoning laws; and modify certain State licensing requirement exceptions.
Of particular concern to AOTA members, the regulation clarifies exemption language for occupational therapists and physical therapists to the requirement that suppliers be open to the public for a minimum of 30 hours per week.
The preamble to the proposed rule states:
In addition, our current regulations at §424.57(c)(30)(i) state that suppliers must be open to the public a minimum of 30 hour per week. Paragraph (c)(30)(ii)(B) of this section specifies an exception to the minimum hours of operations requirement for licensed non-physician practitioners whose services are defined in section 1861 (p) and (g) of the Act. We note that section 1861(p) and (g) of the Act define certain outpatient physical therapy services and certain outpatient occupational therapy services, respectively. Therefore, to clarify which non-physician practitioners qualify for the minimum hours of operations exception, we are proposing to revise §424.57(c)(30)(ii)(B) by removing the phrase ‘‘licensed non-physician practitioners’’ and more specifically referring to the applicable sections of the Act. This also should remove any associated confusion that the public has regarding the impact of licensure in meeting this exception.
The proposed rule states in Section 424.57 Amended (E): “In paragraph (c)(30)(ii)(B), removing the phrase ‘Licensed non-physician practitioners’ and adding the phrase ‘A physical or occupational therapist’ in its place.”
Questions about this proposed rule should be addressed to the Reimbursement and Regulatory Policy department of AOTA (firstname.lastname@example.org). Public comments to CMS are due June 3, 2011.