Interim Final Rule is likely to take effect.

After a very strong effort by providers in the Round One Competitive Bidding states, 83 legislators signed Congresswoman Betty Sutton's (D-OH) "Dear Colleague" letter to rescind the Interim Final Rule, before it takes effect Saturday, April 18th.

Industry stakeholders were hoping that over 100 legislators would participate, but the combination of the Easter holiday, and the fact that legislative directors, assistants and congressmen were traveling, contributed to lower than expected participation.

In Florida: the following U.S. Representatives signed on:

Rep. Gus Bilirakis (R)
Rep. Kathy Castor (D)
Rep. Lincoln Diaz-Balart (R)
Rep. Mario Diaz-Balart (R)
Rep. Alan Grayson (D)
Rep. Alcee Hastings (D)
Rep. Ron Klein (D)
Rep. Kendrick Meek (D)
Rep. Adam Putnam(R)
Rep. Debbie Wasserman-Schultz (D)
Rep. Robert Wexler (D)

California: Rep. Joe Baca (D)
Rep. Sam Farr (D)

North Carolina:

Rep. Bob Etheridge (D)
Rep. Larry Kissell (D)
Rep. Sue Myrick (R)
Rep. David Price (D)
Rep. Heath Shuler (D)

Ohio: Rep. Robert Latta (R)
Rep. Jean Schmidt (R)
Rep. Betty Sutton (D)

In Pennsylvania:

Rep. Jason Altmire (D)
Rep. Kathy Dahlkemper (D)
Rep. Tim Murphy (R)
Rep. Bill Shuster (R)

In Texas: Rep. Henry Cuellar (D)
Rep. Chet Edwards (D)
Rep. Charles Gonzalez (D)
Rep. Kay Granger (R)
Rep. Eddie Bernice Johnson (D)
Rep. Ted Poe (R)
Rep. Pete Sessions (R)
Rep. Lamar Smith (R)

Other U.S. Representatives in Florida including Tom Rooney, Ileana Ros-Lehtinen, Suzanne Kosmas and Corrine Brown were unavailable to respond in time. Similar responses came from Congressmen in Texas including Ralph Hall.

Some were surprised that only 2 Congressmen in California and only 2 additional congressmen, beside Sutton in Ohio, signed the letter.
Outside of the Round One states, New York had 16 legislators sign on. Some notables who probably would have signed on include HME industry supporters Tom Price (R-GA) and Mike Ross (D-AR). I was pleased that Congressman Blaine Leutkemeyer (R-MO) signed on the letter. We have been corresponding with his Legislative Assistant since he co-chaired the Small Business Subcommittee Hearing on Competitive Bidding in February.

Unfortunately, states that are involved in Round 2 of Competitive Bidding, which were active last July such as Illinois, Louisiana and Tennessee, were unable to get support from their legislators. I spoke to one advocate in a Round 2 state and was told, "With the oxygen cap and all of the other problems facing my business now, I cannot make additional sacrifices to prevent Competitive Bidding in 2011."

Barring a miracle, I am prepared for the IFR to take effect and Medicare to soon announce that they have to "follow the law and move the program forward."