O&P Alliance Comments on CMS Quality Standards

On March 18, the O&P Alliance submitted a formal letter of comment to CMS on the recent proposed changes to the Medicare Quality Standards.

In the letter, the Alliance emphasizes the importance of ensuring that O&P care is provided only by qualified practitioners who also have the ability to modify, repair and adjust devices. The Alliance urges CMS to implement section 427 of the Benefits Improvement and Protection Act of 2000 (BIPA), which calls for the use of both providers and facilities that meet qualifying criteria for the provision of prostheses and certain custom orthoses.

At the AOPA Policy Forum in March, remarks by Kerry Weems, administrator of CMS, indicated that CMS plans to issue a proposed rule on BIPA section 427 by January 2009. The Alliance emphasizes in its comments that, while this is “welcome news,” it is crucial to determine which organizations are qualified to accredit before implementing accreditation requirements and quality standards.

The Alliance urges CMS to “proceed with the publication of a proposed rule at its earliest opportunity, and not wait until a new [presidential] administration takes effect.” The Alliance hopes to meet with CMS as soon as possible to discuss the issue.

More detailed comments follow in the letter. The Alliance supports some of the new CMS proposals, such as its use of the term “custom-fitted” rather than the broader term “prefabricated” and its requirement for a face-to-face examination and in-person fitting. However, the Alliance does not support the proposed requirement that the practitioner verify whether a device is adulterated or counterfeit, or the requirement that a provider notify a referring physician within five days if he or she cannot or will not supply the prescribed device.

It is now up to CMS to review all submitted comments and come out with a final set of quality standards. AOPA will keep its members informed of all new developments as they occur.

To see the full text of the O&P Alliance comments letter, go to www.AOPAanet.org/_assets/documents/pdf/AOPA_in_Advance/O&P_Alliance_CMS_Letter_March_18.pdf.