CMS Withdraws Proposed Rule to Implement BIPA 427

Debbie Ayres

​Today CMS announced that it is officially withdrawing the proposed rule implementing BIPA 427. Their announcement of this decision is available in the Federal Register.

A portion of their statement says:

"In light of the cost and time burdens that the proposed rule would create for many providers and suppliers, particularly the cost and burden for those providers and suppliers that are small businesses, and the complexity of the issues raised in the detailed public comments received, we are withdrawing the January 12, 2017 proposed rule in order to assure agency flexibility in re-examining the issues and exploring options and alternatives with stakeholders."

This is a set-back in the O&P Alliance's effort to persuade CMS to implement regulations enforcing the established law concerning who should be paid by Medicare for custom O&P care. ABC and the O&P Alliance will be charting a course forward in the next couple of weeks. We read their statement that they will re-examine the issue and explore options and alternatives with stakeholders as an invitation to meet with CMS officials to continue our efforts to advocate for appropriate standards for the provision of comprehensive O&P care.