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

Legislative Momentum in the HME Industry: Key Updates & Action Items thumbnail Legislative Momentum in the HME Industry: Key Updates & Action Items The past few months have seen a surge of legislative activity in the home medical equipment sector, with several key developments shaping policy and advocacy efforts across the industry. From new bills introduced in Congress to formal comment submissions and stakeholder mobilization, these events reflect growing momentum around critical issues affecting providers and patients alike. This article offers a comprehensive recap of recent actions and outlines important next steps for those... VGM Submits Comments Regarding the Section 232 National Security Investigation On Medical Imports thumbnail VGM Submits Comments Regarding the Section 232 National Security Investigation On Medical Imports VGM has submitted formal comments to the U.S. Department of Commerce in response to its Section 232 National Security Investigation into the importation of personal protective equipment (PPE), medical consumables, and medical equipment and devices. Senate Backs DME Relief Act with Bipartisan Support thumbnail Senate Backs DME Relief Act with Bipartisan Support In a significant development for the durable medical equipment (DME) industry and Medicare beneficiaries, the U.S. Senate has introduced S.2951, the companion legislation to H.R. 2005, known as the DMEPOS Relief Act of 2025. The Senate bill is being led by Senator James Lankford (R-OK) and has gained bipartisan support with Senator Maggie Hassan (D-NH) joining as a co-sponsor. Gov't Shutdown: What It Means for Providers thumbnail Gov't Shutdown: What It Means for Providers As expected, Democrats and Republican members of the Senate was unable to agree on terms in passing a continuing resolution (CR) ahead of the October 1st deadline, resulting in a government shutdown. But how did we get here? Oppose DMEPOS Bidding Expansion – Take Action Now thumbnail Oppose DMEPOS Bidding Expansion – Take Action Now A critical Congressional Sign-On Letter is now circulating in the House of Representatives, led by Reps. Neal Dunn (R-FL) and Greg Murphy (R-NC). This bipartisan letter calls on CMS to stop the proposed expansion of the durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) Competitive Bidding Program to include ostomy and urological supplies. Gov't Shutdown & Telehealth Flexibility Expiration thumbnail Gov't Shutdown & Telehealth Flexibility Expiration September 30 represents an important date for HME providers for two reasons: 1) The potential of a government shutdown and how that affects HHS and CMS, and 2) the expiration of Telehealth Flexibilities unless a Continuing Resolution (CR) is agreed upon in time. Josh Turek Visits VGM to Champion Accessibility & Advocacy thumbnail Josh Turek Visits VGM to Champion Accessibility & Advocacy Waterloo, IA — On Monday, VGM Group hosted the first of our “Meet The Candidate” forums by welcoming Iowa State Representative Josh Turek, a Democratic candidate for the U.S. Senate seat soon to be vacated by Senator Joni Ernst. VGM & NCART Rally in D.C. to Defend CRT & HME Access thumbnail VGM & NCART Rally in D.C. to Defend CRT & HME Access Washington, D.C. – September 2025 — A powerful few days of advocacy wrapped up in the nation's capital as representatives from VGM Group, NCART, AAHomecare, and other key stakeholders in the Complex Rehab Technology (CRT) and Home Medical Equipment (HME) industries met with lawmakers to address urgent policy concerns.