There are rumors swirling that President Trump’s Executive Order (EO) which freezes pending federal regulations and guidance documents will stop the implementation of the LCD(s). I have no inside information about this, but the issue is far from certain. The EO language specifies that it freezes federal regulations and guidance documents. The “skin sub” LCD(s) fall into neither of those categories.
President Trump’s EO refers to a 1993 EO 12866 from President Clinton which defines a “regulatory action,” and if you read that definition, the LCDs do not seem to meet it. I am sure that CMS or even HHS could decide to freeze the implementation of the LCD(s) if they want to. However, my admittedly uninformed reading suggest that President Trump’s EO which freezes pending federal regulations and guidance policies for 60 days doesn’t apply to the LCD(s) in question. Lots of people are seeking clarification about this and if I get any clarification, I will post the answer as soon as I know.
My strong advice is for clinicians to expect for the “skin sub” LCDs to be implemented on February 12th since they are most likely not included in the recent EO.
–Caroline
Dr. Fife is a world renowned wound care physician dedicated to improving patient outcomes through quality driven care. Please visit my blog at CarolineFifeMD.com and my Youtube channel at https://www.youtube.com/c/carolinefifemd/videos
The opinions, comments, and content expressed or implied in my statements are solely my own and do not necessarily reflect the position or views of Intellicure or any of the boards on which I serve.
Bonjour Dr fife. Votre travail est essentiel nous attendons avec impatience le traitement des débris cellulaires pour qu’arrête définitivement le sectionnement des pieds. On est tous d’accord que C’est atroce et inutile.
The EO further refers to Title 5 551(4) that states:
rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing;
This seems to apply to the LCD