APMA, CMS Discuss DPM Exemption for Furnishing and Fabricating Prosthetics, Orthotics


Representatives from APMA met with representatives from CMS’ Center for Program Integrity (CPI) on August 2 to discuss APMA’s position on Proposed Rule CMS-6012-P. This proposed rule, originally released on January 11, 2017, if finalized would require previously exempted qualified practitioners and suppliers to obtain additional certification and licenses in order to furnish and fabricate prosthetics and custom-fabricated orthotics. CMS officials indicated that, among other things, they saw their charge as addressing unfinished requirements stemming from The Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA), which gives the Secretary of the Department of Health and Human Services (HHS) the authority to provide criteria for qualified practitioner and suppliers to furnish or fabricate prosthetics and custom-fabricated orthotics.

APMA acknowledged that certification guidelines were necessary, but that, due to the education and training of a podiatric physician, CMS should maintain the exemption for podiatric physicians and surgeons.

APMA relayed that it had met with like-minded clinical and manufacturing organizations that were in agreement with maintaining a physician exemption, and addressed the President’s recent executive orders, confirmed by Secretary Price’s prior stated position, specifically regarding administrative simplification.

CMS thanked APMA for their extensive comments and for meeting with the agency, and did  reveal that the public could expect to see by the fall, when the Unified Agenda of Federal Regulatory and Deregulatory Actions[1] is released, whether or not this final rule would be issued or not, but would not go into any additional details.

CPMA and APMA will notify members as additional developments arise, and will work with similarly interested stakeholders regarding all possible options, including exploring the feasibility of using the legislative process to amend the BIPA provisions in question to address permanent exemptions for podiatric physicians and surgeons.

[1] The Regulatory Information Service Center, a component of the U.S. General Services Administration, compiles the semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions with the Office of Management and Budget’s Office of Information and Regulatory Affairs and the 60 Cabinet, Executive, and Independent agencies Government wide. The Center provides information about Federal regulatory and deregulatory activities to the President and his Executive Office, the Congress, agency managers, and the public. It also maintains the Reginfo.gov website, a public resource for information about Federal regulation.

(Source: APMA [8/7/2017])