Daily Rules, Proposed Rules, and Notices of the Federal Government
Please allow sufficient time for mailed comments to be received before the close of the comment period.
a. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201.
(Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.)
b. 7500 Security Boulevard, Baltimore, MD 21244-1850.
If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786-9994 in advance to schedule your arrival with one of our staff members.
Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.
Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951.
On January 16, 2009, we published an interim final rule with comment period entitled “Medicare Program; Changes to the Competitive Acquisition of Certain Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) by Certain Provisions of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA)” in the
In addition, in the February 10, 2009
This action delays the effective date of the January 16, 2009 interim final rule with comment period. The effective date of the January 16, 2009 interim final
In response to the February 10, 2009 notice with comment period, we received approximately 550 public comments in favor of delaying the effective date of the January 16, 2009 interim final rule with comment period. The following discussion includes a summary of the public comments that we received and our response to those comments.
We ordinarily publish a notice of proposed rulemaking in the
This action delays the effective date of the January 16, 2009 interim final rule with comment period. A delay in effective date is necessary to give Department officials the opportunity for further review of the issues of law and policies raised by the rule before the interim final rule with comment period becomes effective. Moreover, we believe it would be contrary to the public interest for the January 16, 2009 interim final rule with comment period to become effective until we are certain that all public comments are reviewed. To do otherwise, could potentially result in uncertainty and confusion as to the finality of the interim final rule with comment period. For the reasons stated above, we find that both notice and comment and the 30-day delay in effective date for this action are unnecessary and contrary to the public interest. Therefore, we find there is good cause to waive notice and comment procedures and the 30-day delay in effective date for this rule.