View Rule

This final rule responds to public comments on the proposed rule that published November 4, 2020, and establishes regulations for policy and program issues. Among the issues under consideration for this final rule are methodologies for adjusting the Medicare DMEPOS fee schedule amounts using information from the Medicare DMEPOS competitive bidding program for items furnished on the date immediately following the duration of the emergency period described in section 1135(g)(1)(B) of the Social Security Act; establishing procedures for making benefit category and payment determinations for new items and services that are durable medical equipment (DME), prosthetic devices, orthotics and prosthetics, therapeutic shoes and inserts, surgical dressings, or splints, casts, and other devices used for reductions of fractures and dislocations under Medicare Part B; classifying continuous glucose monitors (CGMs) as DME under Medicare Part B and establishing fee schedule amounts for these items and related supplies and accessories; and other issues in the proposed rule and interim final rules with comment period (IFC) that CMS issued on May 11, 2018 and May 8, 2020.

Overall Description of Deadline: Per the CMS notice published December 30, 2004 (69 FR 78442), except for certain Medicare payment regulations and certain other statutorily-mandated regulations, we schedule all Medicare final regulations for publication within the 3-year standardized time limit in the current Unified Agenda. We do not intend to delay publishing a Medicare final regulation for 3 years if we are able to publish it sooner.