The Wound, Ostomy, and Continence Nurses Society endorsed legislation Wednesday to keep ostomy and urological supplies out of Medicare’s planned 2028 bidding round, delaying their inclusion for five years.
H.R. 10787, the Access to Medical Supplies Act, was introduced Oct. 9 by U.S. Rep. Greg Murphy, M.D., for himself and U.S. Rep. Brad Schneider. It went to the House Energy and Commerce and Ways and Means committees for consideration.
The bill would exclude supplies furnished on or after Jan. 1, 2028, and before Jan. 1, 2033, from Medicare competitive acquisition programs. It would direct the secretary of the Department of Health and Human Services (HHS) to establish a technical panel within 90 days of enactment.
The panel would have at least 15 members, including patients and caregivers, clinicians, and people with expertise in reimbursement, supply and manufacturing. It would review clinical literature and input from stakeholders, then make recommendations within a year of its establishment.
The measure also calls for a 12-month demonstration project in no more than three states, beginning within three years of enactment. A baseline survey would record the products used by a representative sample. A follow-up survey, due no later than three months after the project starts, would ask whether those same participants could continue to access the same supplies.
The Centers for Medicare & Medicaid Services (CMS) includes both categories in its planned Round 2028, which would use nationwide remote delivery. The agency says the program aims to protect Medicare trust funds and lower beneficiaries’ copayments.
CMS says beneficiaries may obtain a specific brand or delivery method when their clinician documents a medical need to avoid harm; suppliers must provide the prescribed item, help locate another supplier that can, or work with the clinician on a suitable alternative.
WOCN says product choices can depend on individual clinical needs and warns that restricted access could raise the risk of leakage, skin breakdown and infection. “Nurses see firsthand how access to the right supplies affects a patient's health, independence, and daily life,” said Christine Berke, WOCN Society president. The society says it has prepared materials for its more than 6,500 members to use in asking representatives to cosponsor the bill.
CMS’s schedule targets contract awards and announcements of single payment amounts for late summer or early fall 2027. The agency plans to start Round 2028 no later than Jan. 1, 2028.
