[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Page 16794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1658]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1270-RCN]
RIN 0938-AN14


Medicare Program; Competitive Acquisition for Certain Durable 
Medical Equipment, Prosthetics, Orthotics, and Supplies; Extension of 
Timeline for Publication of Final Rule

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Extension of timeline for publication of final rule.

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SUMMARY: This notice announces an extension of the timeline for 
publication of a Medicare final rule in accordance with section 
1871(a)(3)(B) of the Social Security Act, which allows us to extend the 
timeline for publication of the final rule.

EFFECTIVE DATE: This notice is effective on March 30, 2007.

FURTHER INFORMATION CONTACT: Ralph Goldberg, (410) 786-4870.

SUPPLEMENTARY INFORMATION: In the May 1, 2006 Federal Register (71 FR 
25654), we published a proposed rule that would have implemented 
competitive bidding programs for certain covered items of durable 
medical equipment, prosthetics, orthotics, and supplies (DMEPOS) 
throughout the United States in accordance with sections 1847(a) and 
(b) of the Social Security Act (the Act). These programs would change 
the way that Medicare pays for these items under Part B of the Medicare 
program by utilizing bids submitted by DMEPOS suppliers to establish 
applicable payment amounts.
    Section 1871(a)(3)(A) of the Act requires us to establish and 
publish a regular timeline for the publication of final regulations 
based on the previous publication of a proposed regulation. In 
accordance with section 1871(a)(3)(B) of the Act, the timeline may vary 
among different regulations based on differences in the complexity of 
the regulation, the number and scope of comments received, and other 
relevant factors, but may not be longer than 3 years except under 
exceptional circumstances. In addition, in accordance with section 
1871(a)(3)(B) of the Act, the Secretary may extend the initial targeted 
publication date of the final regulation, if the Secretary, no later 
than the regulation's previously established proposed publication date, 
causes to have published a notice with the new target date, and such 
notice includes a brief explanation of the justification for the 
variation.
    We announced in the December 2006 Unified Agenda (December 11, 
2006, 71 FR 72734) that we would issue the final rule in March 2007. 
However, we are not able to meet the announced publication target date 
due to the number of extensive comments received on the proposed rule 
and interagency coordination. We received over 2,000 timely comments on 
the proposed rule. The commenters presented extremely complex policy 
and legal issues, which require extensive consultation and analysis.
    This final rule also is extremely complex because it will establish 
an entirely new program that will affect the DMEPOS industry as well as 
Medicare beneficiaries who use DMEPOS. This final rule will establish a 
new concept for Medicare payment for DMEPOS, which necessitates the 
development of new regulations and a competitive bidding process in 
addition to extensive payment system changes.
    This notice extends the timeline for publication of the final rule 
until April 30, 2007.

    Authority: Section 1871 of the Social Security Act (42 U.S.C. 
201395hh).

(Catalog of Federal Domestic Assistance Program No. 093.774, 
Medicare--Supplementary Medical Insurance Program)

    Dated: March 30, 2007.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. 07-1658 Filed 3-30-07; 4:01 pm]
BILLING CODE 4120-01-P