Sunday, December 1, 2013

Pushback against the Interim Final Rule

MEDVAL reports that two organizations, RIMS and UWC, have asked CMS to rescind its recent Interim Final Rule because it does not follow the normal rulemaking procedures, which involves issuing a proposed rule and requesting comments before issuing the final version of the rule, and because CMS has repeatedly disregarded the requirements of the SMART Act since it went into effect in January 2013.

The points that are listed in its post:
  • Rules were to be published in the Federal Register within 60 days of enactment and subject to public comment and instead, we have only a portion of the statutory mandated regs long after the deadline set by Congress with no public comment period. 
  • November 15th has passed and we do not know what the 2014 MSP exclusion amount will be. 
  • Rules haven’t even been proposed for reporting penalties and the rules we did get for express conditional payment determinations contradicts the statute. 
  • Where Congress provided a 120-day window to resolve claims, within which CMS was given a 65-day opportunity to clean up its records before it was forced to live with only known billing, CMS added both periods together and made it a 185-day window with several exceptions. 
  • In general, simply more of what we have come to expect from CMS with regard to its MSP efforts.
MEDVAL unfortunately characterizes itself as the "The Official Medicare Set Aside Blog And Information Resource," which erroneously suggests that it is an arm of or is sponsored by CMS.