On February 10, 2009, CMS is publishing a notice announcing an additional comment period on its January 16, 2009 interim final rule implementing certain changes to the Medicare DMEPOS competitive bidding program mandated by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). That rule implements certain MIPPA provisions that delay implementation of Round 1 of the competitive bidding program; require CMS to conduct a second Round 1 competition in 2009; and mandate certain changes in the program, including a process for providing feedback to suppliers regarding missing financial documentation and a requirement for contractors to disclose to CMS information on subcontracting relationships.

CMS is considering a 60-day delay in the original February 17, 2009 effective date to allow CMS officials the opportunity to further review the issues of law and policy raised by the rule, consistent with a broader regulatory review announced by the Obama Administration on January 20, 2009. CMS is soliciting comments on the potential delay, along with general comments on the rule. The deadline for comments under the new solicitation is February 12, 2009.

The official Federal Register version of the notice will be available February 10.