BOC ‘dismayed’ by CMS’s decision to withdraw approval 

OWINGS MILLS, Md. - The Board of Certification/Accreditation (BOC) has filed a lawsuit against Robert F. Kennedy, secretary of the U.S. Department of Health and Human Services (HHS), for abruptly withdrawing its approval as an accreditation organization for durable medical equipment (DME) providers effective Dec. 2. 

“BOC is dismayed by the actions of CMS, particularly with its refusal to have verbal conversations with BOC before withdrawing BOC's deemed status,” the company said in a statement provided to HME News and posted to its website. 

The lawsuit, Board of Certification/Accreditation International, Inc. v. Robert F. Kennedy, Jr. et al, Case No. 1:25-cv-04150-MJM, was filed in the U.S. District Court of Maryland. 

How will CMS implement the change? 

BOC sought guidance from CMS on how the agency plans to operationalize this change for its customers. The agency advised that all inquiries regarding impact on supplier Medicare enrollment should be emailed to: dmeaccreditation@cms.hhs.gov. 

“Those who value accreditation and are committed to DMEPOS product access and patient safety understand that accreditation operations cannot be abruptly halted without resulting in a negative impact on DMEPOS suppliers and the patients/beneficiaries they serve,” the company stated. 

BOC focuses on impacted providers 

BOC says that since Dec. 2, its focus has been on DMEPOS customers most immediately impacted by the change: new and reaccrediting facilities in the process of completing the final requirements to confirm compliance and receive accreditation. 

“Some of these customers were surveyed weeks prior to CMS issuing the December 2 notice of withdrawal,” the company stated. 

Complicating factor 

In a recent final rule, CMS finalized its plans to require annual resurvey and reaccreditation of DMEPOS providers effective Jan. 1, 2026. The agency recently confirmed, however, that a provider’s annual resurvey and reaccreditation cycle will not begin until the expiration of the supplier’s current three-year cycle, if issued prior to Jan. 1, 2026.    

Background 

In a document titled “Q&A – BOC Termination,” CMS stated BOC is no longer authorized to: 

• Perform reaccreditation activities 
• Conduct surveys or provide accreditation for new location(s) 
• Conduct surveys or provide accreditation for new products 
• Execute any other functions as a CMS-approved accreditation organization 

BOC’s response in full 

Note: All BOC certification programs remain relevant and valid for the thousands of providers holding BOC credentials. 

The Board of Certification/Accreditation (BOC) confirms that the Centers for Medicare and Medicaid Services (CMS) notified BOC of its decision to immediately withdraw BOC’s status as a ‘deemed’ accrediting organization (AO) effective December 2, 2025. 

BOC has sought guidance from CMS on how CMS plans to operationalize this abrupt change for BOC's customers. CMS advised that all inquiries regarding impact on supplier Medicare enrollment should be directed to the following email inbox: dmeaccreditation@cms.hhs.gov. 

Those who value accreditation and are committed to DMEPOS product access and patient safety understand that accreditation operations cannot be abruptly halted without resulting in a negative impact on DMEPOS suppliers and the patients/beneficiaries they serve. 

In response to CMS' abrupt termination, BOC has filed Board of Certification/Accreditation International, Inc. v. Robert F. Kennedy, Jr. et al, Case No. 1:25-cv-04150-MJM, in the United States District Court of Maryland. 

Since December 2, our focus has been on the DMEPOS customers most immediately impacted: new and reaccrediting facilities in the midst of completing the final requirements to confirm compliance and receive accreditation. Some of these customers were surveyed weeks prior to CMS issuing the December 2 notice of withdrawal. 

BOC is dismayed by the actions of CMS, particularly with its refusal to have verbal conversations with BOC before withdrawing BOC's deemed status.