NABP e-News August 8, 2007

CMS Issues Proposed Rule on Surety Bond Requirement for DMEPOS Suppliers
The Centers for Medicare and Medicare and Medicaid Services (CMS) has issued a proposed rule that would require all Medicare suppliers of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) to furnish CMS with a $65,000 surety bond. This proposed requirement is designed to limit Medicare program risk related to fraudulent DMEPOS suppliers, help ensure that only legitimate DMEPOS suppliers are enrolled or allowed to remain enrolled in the Medicare program, ensure that the Medicare program recoups erroneous payments resulting from fraudulent or abusive billing practices by allowing, and help ensure that Medicare beneficiaries receive products and services considered by CMS to be reasonable and necessary from legitimate DMEPOS suppliers. CMS is accepting comments on the proposed rule (referencing file code CMS-6006-P) until October 1, 2007, via electronic comment form at http://www.cms.hhs.gov/eRulemaking. More information is available in the Federal Register at http://frwebgate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=836661402317+0+1+0&WAISaction=retrieve.

CMS Extends Bid Submission, Registration, Accreditation Deadlines for Competitive Bidding
The Centers for Medicare and Medicaid Services (CMS) has extended the bid submission, registration, and accreditation deadlines for the first round of the Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) competitive bidding program.

  • Bids due September 25, 2007. Suppliers that have already submitted their bids may revise and resubmit their bids, along with a new certification statement, until the new deadline.
  • Registration due August 27, 2007. Suppliers interested in bidding must first register and receive a user ID and password before they can access the Internet-based bid submission system.
  • Accreditation deadline October 31, 2007. Suppliers must be accredited or pending accreditation to submit a bid, and they must be accredited to be awarded a contract.
  • Contract period for mail-order diabetic supplies: July 1, 2008 – March 31, 2010.
  • Contract period for all other first-round product categories: July 1, 2008 – June 30, 2011.

CMS is accepting suppliers’ questions on the competitive bidding program through August 10, 2007, via e-mail at cbic.admin@palmettogba.com. More information is available at http://www.dmecompetitivebid.com.

Pharmacists Sue Washington State over Requirement to Sell Emergency Contraception
A pharmacy owner and two pharmacists have filed suit against the state of Washington over a new rule requiring them to sell emergency contraception, the Associated Press (AP) reported on July 26, 2007. The claimants say the rule violates their civil rights by forcing them to choose between “their livelihoods and their deeply held religious and moral beliefs,” AP reports. The Washington State Board of Pharmacy ruled earlier this year that pharmacies have a duty to deliver lawfully prescribed drugs in a timely manner, regardless of individual pharmacists’ personal objections to any particular medication, except in cases of obvious or known errors, contraindications, or suspected fraud. The rule was prompted by a controversy over some pharmacists' objections to selling emergency contraceptives. Washington Governor Chris Gregoire endorsed the new rule, as did women's advocates and the Washington State Pharmacy Association. The rule accommodates pharmacists’ moral objections by allowing pharmacies to assign alternate staff members to fill any prescriptions in question.

Two Additional Facilities Awarded VAWD Accreditation
NABP recently accredited two new facilities through its Verified-Accredited Wholesale Distributors® (VAWD®) program, bringing the total number of accredited facilities to 157 as of August 1, 2007. A full listing of VAWD facilities is available under Accreditation Programs on the NABP Web site at http://www.nabp.net.

  • Allscripts, LLC, provides unit-of-use prescription products to prescribers in 47 states and the District of Columbia for the purpose of direct prescriber-patient dispensing. The company received accreditation for its Libertyville, IL facility.
  • Quality Care Products, LLC, specializes in repackaging prescription products for in-office use by physicians, dentists, and clinics. Licensed in 22 states, the company received accreditation for its Toledo, OH facility.

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