Rehab

Senate seeks to block PMD rule after federal court does not

Rehab Regs, October 28, 2005

A federal district court declined to rule immediately on a request to stop implementation of new Medicare payment rules for power mobility devices (PMD), such as wheelchairs, that became effective Tuesday, reports the Bureau of National Affairs.

The U.S. District Court for the District of Columbia had concerns over various jurisdictional issues regarding a motion for preliminary injunctive relief filed by the Power Mobility Coalition (PMC) to halt implementation of new Centers for Medicare & Medicaid Services (CMS) rules, according to a PMC press release.

District Judge Reggie B. Walton deferred a ruling on the motion and will release a written opinion in the near future, the release said.

PMC, an association of motorized scooter and power wheelchair manufacturers and suppliers, filed the motion alleging the final rule would cause severe and irreversible economic injury to its members and harm Medicare beneficiaries by interrupting their access to necessary medical devices. The motion also alleged that during consideration of a fiscal year 2006 spending bill for the Department of Health and Human Services, the Senate moved to restrict use of funds to implement or enforce the new CMS rule.

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