Competitive Bidding Relief Act
The Competitive Bidding Relief Act would pause and extend certain payment adjustments under the Medicare DMEPOS program related to items that were part of the 2021 competitive bidding round for durable medical equipment, prosthetics, orthotics, and supplies. Specifically, in non-rural, noncontiguous areas, the bill requires the Secretary of Health and Human Services to apply a described transition rule to all applicable items through December 31, 2025, and it would delay implementing another related provision until January 1, 2026 for all areas. The bill also allows the Secretary to implement these changes via program instruction or other administrative means, rather than needing new regulations. In short, it slows or softens the shift away from the 2021 bidding-related payment changes for certain DME items, at least through late 2025 and into 2026.
Key Points
- 1Applies the transition rule in 42 CFR 414.210(g)(9)(v) to all applicable DMEPOS items in areas that are not rural or noncontiguous, through December 31, 2025.
- 2Delays the applicability of 42 CFR 414.210(g)(9)(vi) until January 1, 2026, for all areas.
- 3Allows the Secretary to implement these provisions through program instruction or other administrative means.
- 4Focuses on Medicare payment adjustments for durable medical equipment that were part of the Round 2021 DMEPOS competitive bidding program.
- 5Named the “Competitive Bidding Relief Act,” signaling an intent to provide temporary relief or protections related to the DMEPOS bidding framework.