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HHS/CMS RIN: 0938-AT21 Publication ID: Fall 2021 
Title: Durable Medical Equipment Fee Schedule, Adjustments to Resume the Transitional 50/50 Blended Rates to Provide Relief in Non-Competitive Bidding Areas (CMS-1687)(Section 610 Review) 

This final rule responds to public comments on the interim final rule that published May 11, 2018 and extended the end of the transition period from June 30, 2016, to December 31, 2016 for phasing in adjustments to the fee schedule amounts for certain durable medical equipment (DME) and enteral nutrition paid in areas not subject to the Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program (CBP). In addition, the interim rule amended the regulation to resume the transition period for items furnished from August 1, 2017, through December 31, 2018. The interim rule also made technical amendments to existing regulations for DMEPOS items and services to exclude infusion drugs used with DME from the DMEPOS CBP.

Agency: Department of Health and Human Services(HHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 42 CFR 414   
Legal Authority: 42 U.S.C. 1302, 1395hh, and 1395rr(b)(l))    Pub. L. 114-255, sec. 5004(b), 16007(a) and 16008   
Legal Deadline:
Action Source Description Date
Final  Statutory  Under MMA sec. 902, 3-year deadline extended for 1 additional year.  05/11/2022 

Overall Description of Deadline: MMA section 902 requires Medicare final rules publish within 3 years of a proposed or interim final rule. A notice may publish in the Federal Register before the 3-year deadline extending the timeline by 1-year. We do not intend to delay publishing the final regulation if we are able to publish it sooner.

Action Date FR Cite
Interim Final Rule  05/11/2018  83 FR 21912   
Interim Final Rule Comment Period End  07/09/2018 
Continuation Notice  04/26/2021  86 FR 21949   
Final Action to be Merged With 0938-AU38 and 0938-AU17  05/00/2022 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Related RINs: Merged with 0938-AU17, Merged with 0938-AU38 
Agency Contact:
Alexander Ullman
Health Insurance Specialist
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Medicare, MS: C5-07-26, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-9671