Petition and LCD reconsideration Update
Jeff Erenstone
Description
Collection
Title:
Petition and LCD reconsideration Update
Creator:
Jeff Erenstone
Date:
3/3/2014
Text:
Hello All,
I am writing to update you all on our recent effort related to the
petition...
<URL Redacted>
We have written a detailed LCD reconsideration for the policy that
regulates Prosthetic documentation and have had multiple experts review it.
These experts agree with the strength of our argument, however have
cautioned us against submitting it at this point. The reason for their
caution is that CMS (Medicare) has been withholding information about their
basis of the current LCD and are likely to try and dismiss the
reconsideration without considering its merits. There have been some legal
challenges related to prosthetic documentation and their attorneys are
restricting access of this information.
I have spoken with open government advocates who have informed me that CMS
is out of line with its restrictions of information. The prosthetic LCD is
an actively enforced policy and the federal government doesn't have the
right to restrict information based on pending lawsuits with an unrelated
organization. Therefore I have requested an official Freedom of
Information Request and Senator Gillibrand of New York has submitted an
official inquiry.
These requests may take a few months to process, so I am holding off on the
LCD reconsideration until we have the appropriate information and have
considered it. I will update you after we receive the information.
In the meantime, if this open government issue is one that concerns you and
you would like to pursue it, please contact me and I will provide you
information to forward to your Congressional Representatives.
Thank you
-Jeff
--
Jeff Erenstone CPO
Mountain O and P Services
7 Old Military Road
Lake Placid NY 12946
www.mountainoandp.com
Phone (518) 523-2419
Fax (518) 523-7192
I am writing to update you all on our recent effort related to the
petition...
<URL Redacted>
We have written a detailed LCD reconsideration for the policy that
regulates Prosthetic documentation and have had multiple experts review it.
These experts agree with the strength of our argument, however have
cautioned us against submitting it at this point. The reason for their
caution is that CMS (Medicare) has been withholding information about their
basis of the current LCD and are likely to try and dismiss the
reconsideration without considering its merits. There have been some legal
challenges related to prosthetic documentation and their attorneys are
restricting access of this information.
I have spoken with open government advocates who have informed me that CMS
is out of line with its restrictions of information. The prosthetic LCD is
an actively enforced policy and the federal government doesn't have the
right to restrict information based on pending lawsuits with an unrelated
organization. Therefore I have requested an official Freedom of
Information Request and Senator Gillibrand of New York has submitted an
official inquiry.
These requests may take a few months to process, so I am holding off on the
LCD reconsideration until we have the appropriate information and have
considered it. I will update you after we receive the information.
In the meantime, if this open government issue is one that concerns you and
you would like to pursue it, please contact me and I will provide you
information to forward to your Congressional Representatives.
Thank you
-Jeff
--
Jeff Erenstone CPO
Mountain O and P Services
7 Old Military Road
Lake Placid NY 12946
www.mountainoandp.com
Phone (518) 523-2419
Fax (518) 523-7192
Citation
Jeff Erenstone, “Petition and LCD reconsideration Update,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 1, 2024, https://library.drfop.org/items/show/236179.
