CMS-10169 (0938-1016) Description of Non-substantive Change

DESCRIPTION OF NON-SUBSTANTIVE CHANGE TO OMB CONTROL #0938-1016

The Centers for Medicare & Medicaid Services (CMS) has identified a non-substantive change to the previously approved Form A (CMS-10169) of the Request for Bids (RFB) for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program information collection (OMB # 0938-1016).

Form A (CMS-10169) Section 1-F and Section 2-F:

Collection via Form A requires durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers interested in bidding in Medicare’s competitive bidding program, to acknowledge and understand that the physical location(s) listed on Form A for a particular competitive bidding area (CBA) and product category has all required licenses for the CBA and product category by the close of the bid window. The summary in these sections (section 1-F and 2-F) contains language in regards to licensure requirements in CBAs that cover more than one state. However, this language no longer applies to the DMEPOS competitive bidding program as CMS recently changed the policy for defining CBAs so that CBAs do not cross state lines. This change was made as a process improvement and in response to industry feedback from prior rounds of competitive bidding. This policy clarification represents no change to this package’s original burden estimate.

This non-substantive change must be made on Form A so the information on the hard copy form, which will be posted on the Competitive Bidding implementation Contractor (CBIC) website, is consistent with the information that will be provided on the online bidding system, DBidS. If this modification is not made, it could potentially cause confusion to bidders who have been receiving monthly and biweekly listserv messages from CMS and the CBIC informing them of this change, along with other education materials to assist them in their bidding preparation.

We are currently preparing for the opening of the bidder registration period, so this correction is extremely critical to ensure that bidders are provided accurate information and that the information coincides with what is provided in DBidS when the bidding period opens. We are requesting approval of this non-substantive change by November 19, 2014.