The Centers for Medicare & Medicaid Services (CMS) has temporarily delayed next steps for Round 2019 of its Durable Medical Equipment, Prosthetics, Orthotics & Supplies (DMEPOS) Competitive Bidding Program to allow the new Administration an opportunity to review the program. CMS has removed all information released on January 31, 2017, from CMS.gov and from the Competitive Bidding Implementation Contractor (CBIC) website.

CMS previously announced on January 31, 2017 that it would consolidate all rounds and areas included in the DMEPOS Competitive Bidding Program into a single round of competition, including the National Mail-Order competition for diabetic test strips. The “Round 2019” contracts were to become effective on January 1, 2019 through December 31, 2021, and were to include 141 competitive bidding areas (CBAs) and have a total of 11 product categories.  

CMS’ announcement came after President Donald Trump instituted a regulatory freeze on January 20, 2017 that requires federal agencies not to issue any new regulations or guidance documents, to pull back any regulations or guidance under review by the Office of the Federal Register and to temporarily postpone regulations and guidance that have been published, but have yet to take effect.

Several DME industry stakeholders have hopes that the newly confirmed Secretary of Health & Human Services (HHS) Tom Price, MD will seek significant changes to DME Competitive Bidding Program in light of legislation he sponsored while in Congress. His legislation, the DMEPOS Competitive Bidding Improvement Act, would have made all bids binding and required providers to obtain bonds before bidding in the CMS program.