CMS Opens Comment Period for Power Seat Elevation Coverage

Published in Government Relations on February 28, 2023

Late on Wednesday, Feb. 15, CMS announced the opening of a comment period relating to the request for Medicare coverage of power seat elevation systems used with complex power wheelchairs. This is a federally required time period that allows the public to submit data, views, and arguments in regards to a current rule. You can read the full announcement from CMS here

CMS determined that power seat elevation systems are reasonable and necessary for individuals using Group 3 power wheelchairs that meet the following condition:

  1. The individual performs weight-bearing transfers to/from the power wheelchair while in the home, using either their upper extremities during a non-level (uneven) sitting transfer and/or their lower extremities during a sit-to-stand transfer. Transfers may be accomplished with or without caregiver assistance and/or the use of assistive equipment (e.g. sliding board, cane, crutch, walker); and,
  2. The individual has undergone a specialty evaluation by a practitioner who has specific training and experience in rehabilitation wheelchair evaluations, such as a physical therapist (PT) or occupational therapist (OT), that assesses the individual’s ability to safely use the seat elevation equipment in the home.

CMS is also seeking comments on whether seat elevation systems should be considered for Group 2 power wheelchairs as well. This is an opportunity to expand access beyond our initial request and we encourage advocates to support this additional coverage in their comments.

What does this mean for you?

There is an immediate need for as many comments to be submitted by March 17, 2023, in support of Medicare coverage of power seat elevation. The comments that are going to mean the most are from the perspectives of the people who are affected the most.

U.S. Rehab has compiled a list of resources that providers can use to spread awareness to collect as many comments as possible:

  1. Email template providers can use to send out to their customers
  2. Social media template anyone can use to post on social media
  3. Find a list of talking points/tips for building your comment here

TAGS

  1. accessibility
  2. advocacy
  3. cms
  4. complex rehab
  5. regulatory
  6. vgm

From Our Experts

CMS Updates CBIC Website Bid Preparation Guidance for Round 2028 Competitive Bidding Program thumbnail CMS Updates CBIC Website Bid Preparation Guidance for Round 2028 Competitive Bidding Program On August 13, 2026, CMS posted several updated and new Fact Sheets and one new FAQ to the Bid Preparation Phase page on the CBIC website. Providers interested in submitting a bid for Round 2028 can find more program details, including the estimated number of contract awards, for each category. Important: HME Supplier Survey on Round 2028 Competitive Bidding Impact thumbnail Important: HME Supplier Survey on Round 2028 Competitive Bidding Impact AAHomecare is conducting a brief survey to help quantify the potential impact that Medicare's Remote Item Delivery (RID) model of Competitive Bidding would have on HME suppliers providing continuous glucose monitors (CGMs), insulin pumps, ostomy supplies, and/or urological supplies. Survey findings will be used to inform discussions with the White House, the Centers for Medicare and Medicaid Services (CMS), and Congress about the potential effects on supplier businesses, jobs, and patient... CMS Makes Finalized Change to DMEPOS Competitive Bidding Program thumbnail CMS Makes Finalized Change to DMEPOS Competitive Bidding Program The Centers for Medicare and Medicaid Services (CMS) has issued the FY 2027 Inpatient Rehabilitation Facilities (IRF) Prospective Payment System (PPS) Final Rule (CMS-1845-F), increasing the DMEPOS Competitive Bidding Program's bid surety bond amount to $100,000 (previously $50,000).... VGM Government Relations Launches State Payer Resource Hub for DMEPOS Providers thumbnail VGM Government Relations Launches State Payer Resource Hub for DMEPOS Providers This resource brings together key information frequently used by DMEPOS providers. Kentucky Governor Announces Reprieve from Previously Announced Kentucky Medicaid 4% Rate Cut thumbnail Kentucky Governor Announces Reprieve from Previously Announced Kentucky Medicaid 4% Rate Cut The administration expects the surplus funding to sustain current reimbursement levels through June 2027. NAAOP and OPGA Co-Host Second Annual In-Person Legislative Fly-In thumbnail NAAOP and OPGA Co-Host Second Annual In-Person Legislative Fly-In Last week, over 30 stakeholders, advocates, and leaders from around the O&P profession convened at the offices of Powers Pyles Sutter & Verville PC in Washington, D.C., as part of the National Association for the Advancement of Orthotics and Prosthetics' (NAAOP) second annual in-person legislative fly-in. Round 2028 Updates for Competitive Bidding & Interoperability Rule FAQ thumbnail Round 2028 Updates for Competitive Bidding & Interoperability Rule FAQ On Nov. 28, 2025, the Centers for Medicare & Medicaid Services (CMS) announced plans for Round 2028 of the Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program (CBP). If you plan to bid, the time to prepare is now... What DMEPOS Providers Need to Know About H.R. 3514: Improving Seniors' Timely Access to Care Act thumbnail What DMEPOS Providers Need to Know About H.R. 3514: Improving Seniors' Timely Access to Care Act Medicare Advantage prior authorization continues to be one of the most significant operational and patient care challenges facing DMEPOS suppliers. A new bipartisan bill, H.R. 3514: Improving Seniors' Timely Access to Care Act, seeks to increase transparency, accountability, and oversight of Medicare Advantage prior authorization practices. This bill passed out of Ways & Means markup by a unanimous vote (42-0) on July 15...