The Medicare DMEPOS Competitive Bidding Program was established by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ("Medicare Modernization Act" or "MMA"). Section 302 of the MMA amended Section 1847 of the Social Security Act to establish the competitive acquisition program and define program requirements.
Under the MMA, the DMEPOS Competitive Bidding Program was to be phased in so that competition under the program would first occur in 10 areas in 2007. CMS conducted the Round 1 competition in 10 areas and for 10 DMEPOS product categories, and implemented the program on July 1, 2008. The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), enacted on July 15, 2008, made limited changes to the Competitive Bidding Program, including termination of existing contracts that were in effect and a requirement to re-bid Round 1. As required by MIPPA, CMS conducted the supplier competition again in 2009, referred to as the Round 1 Rebid, and successfully implemented the program on January 1, 2011. MIPPA also delayed the competition for Round 2 until 2011 and in additional areas of the country until after 2011. The Affordable Care Act (ACA) made several other changes including the addition of 21 additional MSA's to Round 2.
In preparing for the Round 2 and national mail-order competitions, CMS received OMB approval of this collection on November 2, 2011 with no material or non-substantive changes. The collection was modified from prior rounds of competitive bidding in order to make the documents more reader-friendly, to clarify the requirements that suppliers had difficulty in understanding, and to incorporate the Round 2 and national mail order bidding areas and product categories. CMS is preparing to re-compete the Round 1 Rebid areas. The current approval period ends on July 31, 2012. CMS is seeking approval for an additional three years.
PL:
Pub.L. 110 - 275 154
Name of Law: Delay in and Reform of Medicare DMEPOS Competitive Acquisition Program
PL:
Pub.L. 108 - 173 302(b)(1)
Name of Law: Payment for durable medical equipment; competitive acquisition of certain items and services
Burden associated with Forms A and B have decreased due to use of information technology from the online bidding system. Burden associated with Form C has decreased due to agency discretion in reporting requirements.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Requests for Bids (RFB) for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program (Forms A, B, C)