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CMS Publishes Final Rule that Defines Powered Orthoses and Exoskeletons as “Braces”

On November 1, 2023, the Centers for Medicare and Medicaid Services (CMS) released its annual final rule that established 2024 payment rates for the Medicare Home Health Prospective Payment System (PPS).  As expected, the final rule carried forward several important, but unrelated provisions that are of significant interest to O&P providers and the Medicare beneficiaries they serve.  The DMEPOS provisions that were finalized in the rule include:

  • The codification and expansion of the Medicare definition of the term “brace” to include powered orthoses and exoskeletons
  • Creation of a new benefit category and payment for compression garments used to treat lymphedema
  • Changes to the methodology used to calculate Medicare fee schedules based on rates established through competitive bidding
  • Modifications to supplier enrollment processes designed to further control Medicare fraud and abuse
  • Codification of existing policy regarding documentation requirements for DMEPOS refills