The door is open?
The Obama administration, on its first day in office, issued instructions to federal agencies to review all pending and recently issued regulation (Past presidents have done the same thing). The VGM Group and AAHomecare believe the review should include the interim final rule on national competitive bidding, which was published in the Federal Register Jan. 16. Industry stakeholders ask providers to call on their members of Congress to urge the Obama administration to review the competitive bidding rule. In an update to members, AAHomcare highlighted this paragraph from the instructions:
"...extending for 60 days the effective date of regulations that have been published in the Federal Register but not yet taken effect…for the purpose of reviewing questions of law and policy raised by those regulations. Where such an extension is made for this purpose, you should immediately reopen the notice-and-comment period for 30 days to allow interested parties to provide comments about issues of law and policy raised by those rules.” The memo states that for those rules that raise “substantial questions of law or policy, agencies should notify the [Office of Management and Budget] Director and take appropriate further action.
Pick up the phone.