Notice: This CMS-approved document has been submitted - Philips ...
Notice: This CMS-approved document has been submitted - Philips ... Notice: This CMS-approved document has been submitted - Philips ...
CMS-1403-FC comment rulemaking as contrary to the public interest, because timely implementation of these provisions is necessary to ensure that beneficiaries’ oxygen treatment – which for many beneficiaries includes both oxygen equipment and contents – continues uninterrupted after January 1, 2009. Subsection 1834(a)(5)(F)(ii)(III) of the Act, as amended by MIPPA, authorizes payments for maintenance and servicing of oxygen equipment furnished after the 36-month rental period if the Secretary determines such payments are reasonable and necessary. As set forth in section III. J. of this preamble, we have determined that certain routine maintenance and servicing payments are reasonable and necessary to protect Medicare beneficiaries from malfunctioning oxygen equipment. For the reasons described above, we believe the completion of notice and comment rulemaking would prevent the timely implementation of payment for certain maintenance and servicing of oxygen equipment that we have determined to be necessary for the safe use of oxygen equipment by Medicare beneficiaries, and that any such delay would be contrary to the public interest. Therefore, we find good cause to waive the notice of proposed 1008
CMS-1403-FC rulemaking with respect to implementation of subsection 1834(a)(5)(F)(ii)(III) of the Act. Section 149 of the MIPPA amended section 1834(m)(4)(C)(ii) of the Act to add certain entities as originating sites for purposes of Medicare telehealth services effective January 1, 2009: a hospital-based or critical access hospital-based (CAH-based) renal dialysis center (including satellites); a skilled nursing facility (as defined in section 1819(a) of the Act); and a community mental health center (as defined in section 1861(ff)(3)(B) of the Act). Section 149 of the MIPPA also amended section 1888(e)(2)(A)(ii) of the Act to exclude telehealth services furnished under section 1834(m)(4)(C)(ii)(VII) of the Act from the consolidated billing provisions of the skilled nursing facility prospective payment system (SNF PPS). Apart from adding certain entities as originating sites for payment of telehealth services, section 149 of the MIPPA did not change the existing telehealth eligibility criteria, or payment and billing requirements related to telehealth services. Thus, the new authority for these entities to serve as originating sites for Medicare telehealth services is largely self-implementing. However, there are some operational and payment issues that arise as to which we would ordinarily engage in notice and comment 1009
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<strong>CMS</strong>-1403-FC<br />
comment rulemaking as contrary to the public interest,<br />
because timely implementation of these provisions is<br />
necessary to ensure that beneficiaries’ oxygen treatment –<br />
which for many beneficiaries includes both oxygen equipment<br />
and contents – continues uninterrupted after<br />
January 1, 2009.<br />
Subsection 1834(a)(5)(F)(ii)(III) of the Act, as<br />
amended by MIPPA, authorizes payments for maintenance and<br />
servicing of oxygen equipment furnished after the 36-month<br />
rental period if the Secretary determines such payments are<br />
reasonable and necessary. As set forth in section III. J.<br />
of this preamble, we have determined that certain routine<br />
maintenance and servicing payments are reasonable and<br />
necessary to protect Medicare beneficiaries from<br />
malfunctioning oxygen equipment.<br />
For the reasons described above, we believe the<br />
completion of notice and comment rulemaking would prevent<br />
the timely implementation of payment for certain<br />
maintenance and servicing of oxygen equipment that we have<br />
determined to be necessary for the safe use of oxygen<br />
equipment by Medicare beneficiaries, and that any such<br />
delay would be contrary to the public interest. Therefore,<br />
we find good cause to waive the notice of proposed<br />
1008
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