‘Focused, determined, active’: Stakeholders determine next steps in CBP fight 

WASHINGTON – The Centers for Medicare & Medicaid Services (CMS) may have finalized its plans for the next round of the competitive bidding program (CBP) for certain DMEPOS, but industry stakeholders are not giving up on efforts to delay the program, which is tentatively scheduled to start no later than Jan. 1, 2028. 

CMS's final rule, released late in the afternoon of Nov. 28, is basically identical to a proposed rule released in July – a surprise to many in the industry and in Congress, stakeholders say. 

“The Hill reached out to us immediately about our thoughts (on the rule) and next steps,” said Jay Witter, vice president of government relations for AAHomecare. “We do have numerous options that we’re working on and we’re working to get alignment on strategy moving forward to see what the best avenue is.” 

‘Debriefing’ lawmakers, policymakers 

AAHomecare has ruled out suing CMS to stop or delay CBP – “in our opinion, it’s futile,” said Tom Ryan, president and CEO – legislation is the most likely path forward. 

One lawmaker that stakeholders have already met to discuss the industry’s options: Rep. Morgan Griffith, R-Va., chair of the Health Subcommittee of the House Energy and Commerce Committee. Morgan in 2019 introduced legislation to delay the inclusion of non-invasive ventilators in competitive bidding for five years. 

“He’s got a very rural district and certainly the new items will impact his constituents,” said Witter. 

Stakeholders also have meetings lined up with the Office of Management and Budget (OMB), patient advocacy groups and manufacturers, says Ryan. 

“We’re doing a debrief with OMB and letting them know that we are not done here,” he said. 

‘Focused, determined, active’ 

Even as stakeholders push back on the final rule, they must also transition to a more proactive, educational message, says Ike Isaacson, senior vice president of government and regulatory relations for The VGM Group. 

“The industry must deep dive into the impact this will have on their business models, their patient care and their ability to serve their community,” he said. “We at VGM, as well as our advocacy partners, will be doubling down on our efforts with legislators to tell the story and share the impact. We must remain focused, determined and active in support of our patients and our industry.” 

Non-traditional campaign will continue 

In September, AAHomecare launched a $3 million campaign to engage in lobbying, earned media like opinion pieces, and polling—partnering with firms affiliated with the administration. The association is maintaining its relationships with those firms in the event it needs to kick up a new public relations campaign, says Ryan. 

“We spent quite a bit of that war chest, but I think we got 25 million or 30 million impressions across social media,” he said. “It played well and I think when the time is right, we’d like to do that again. We do have some time to get this moving forward.”