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

New Issue Brief: Why Medicare's Competitive Bidding Program Needs Urgent Reform thumbnail New Issue Brief: Why Medicare's Competitive Bidding Program Needs Urgent Reform The Medicare competitive bidding program for durable medical equipment (DME) was designed to reduce costs—but it's failing patients and providers. A new issue brief from Pacific Research Institute and economist Wayne Winegarden highlights what changes are urgently needed. Champions of Change: DME Advocates Driving Real Change thumbnail Champions of Change: DME Advocates Driving Real Change Real change starts with real people. In this edition of Champions of Change, we're spotlighting two DME advocates who aren't just talking about problems—they're taking action. David Griffin and Gary Rench are showing us what it means to stand up for patients, providers, and the future of our industry. Join HME Industry Letter on CB Program to CMS Administrator Oz thumbnail Join HME Industry Letter on CB Program to CMS Administrator Oz HME suppliers, manufacturers, and distributors are invited to add their company's name to a letter to CMS Administrator Dr. Mehmet Oz regarding the Administration's DMEPOS/Home Health Proposed Rule that includes provisions for a new competitive bidding round. The letter specifically asks CMS to withdraw or delay the DMEPOS provisions in the Proposed Rule and re-engage with industry, patient, and clinical stakeholders to design an evidence-based, fraud-resistant, America-First framework. Take Action Today: Urge CMS to Pause and Re-Evaluate the Competitive Bidding Program thumbnail Take Action Today: Urge CMS to Pause and Re-Evaluate the Competitive Bidding Program Now is the time to raise our voices. With the formal announcement of the Competitive Bidding (CB) Program expected as early as the end of this month, we must act swiftly and decisively. Below are two key opportunities to engage with your U.S. Representative and encourage their support for a Congressional letter urging Centers for Medicare & Medicaid Services (CMS) to pause and reassess the CB Program. 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?