Class III Devices (PMA) Are Excluded from Competitive Bidding.

 

We noted that the legislative authority for competitive bidding appears to exclude CLASS III DEVICES (e.g. PMA devices).   

See page 17996, right column, at this link:

   https://www.cms.gov/Regulations-and-Guidance/Regulations-and-Policies/QuarterlyProviderUpdates/Downloads/cms1270f.pdf

   From a quick view of the current Statute governing competitive bidding, it appears Social Security Act at 1847(a)(2) excluding PMA from competitive bidding has not changed since 2007 (see here:   https://www.ssa.gov/OP_Home/ssact/title18/1847.htm    )