A Primedia Property
March 21, 2005 Volume 11, Issue 10


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Headline News
Senate Blocks Medicaid Cuts, but House Keeps Them Intact
WASHINGTON--On Thursday, Medicaid, at least for the moment, hopped off the Senate's chopping block--but made no such move in the House, where lawmakers kept cuts on the table.

The Senate voted 52-48 in favor of a FY 2006 budget resolution with an attached amendment that would scrap instructions to cut approximately $14 billion from Medicaid. In its place, the measure supports legislation (S. 338) that would create a 23-member bipartisan commission to present recommendations for a broad overhaul of the federal-state health program by fiscal 2007.

On the same day, the House narrowly approved 218-214 a FY 2006 budget resolution that would cut about $15.1 billion for Medicaid over five years.

The amendment preventing cuts on the Senate side was offered by Sen. Gordon Smith, R-Ore., who urged members to make changes to Medicaid "right, not fast." Smith successfully garnered support from Democrats and the GOP, which some say signals a widening rift between Republicans on Capitol Hill and the White House. Earlier this year, President Bush proposed $60 billion in Medicaid cuts over 10 years. Such cuts are politically sensitive, analysts say, particularly when state governments are making their own Medicaid cuts.

"I've seen my state already--without these cuts--have to eliminate dental care and eye care," Sen. Mike DeWine, R-Ohio, told the Washington Post. "So this [budget] would be devastating for the state of Ohio and the poor of Ohio."

The amendment has raised eyebrows in the House, where Budget Committee Chairman Jim Nussle, R-Iowa, said he feared the House and Senate may not be able to reach middle ground.

"It's very disappointing to us what's going on over there," Nussle told reporters last week. "I hate to be a naysayer about this, but I'm not sure how we get [an agreement] with the Senate ... Last year, they were at least trying. This year, I think they almost gave up before they started the process."

The representative was vocal during last week's budget debates, saying the government should fix Medicaid's financial troubles now rather than later. Nussle called Medicaid a program that's growing "unsustainably out of control."

The budget resolutions went to committee late last week.



Medicare Reimbursement for Xopenex Soars
BALTIMORE--Respiratory drug providers found that Medicare fees for Xopenex will shoot up 33 cents a dose, as CMS released its second-quarter Part B drug fees last Friday.

The fee hike, which ups the price per dosage to $3.53, will bring providers roughly $40 more per patient per month, according to Mickey Letson, president of drug distributor The Letco Companies, Decatur, Ala. "This [represents] a huge pendulum swing for that drug in the minds of people in the marketplace," he said, adding that, if the government continues to use its current calculation methods, "there appears to be a chance it could go up even more."

Per the Medicare Modernization Act, Part B drugs fees must be based on the average sales price plus 6 percent, updated quarterly. The recently released fees will be effective from April 1 through June 30, and are based on average sales prices for the drugs during the fourth quarter of 2004.

Albuterol fees for the second quarter will increase from 7 cents to 9 cents per milligram, and ipratropium fees will go down from 29 cents to 20.2 cents per milligram, according to the fee schedule.

"Nothing ended up at what people thought it would be," Letson concluded, adding that this year's third and fourth quarter pricing updates--based on average prices from 2005's first and second quarters, respectively--"will start to tell you the buying habits of DME providers this year."

The latest fee schedule is posted on the CMS Web site, available by clicking here.



Judge Offers Final Ruling in CMN Case
REDDING, Calif.--After eight months of waiting, HME owner Tom Lambert of Maximum Comfort--who won a favorable preliminary ruling last year in a suit contending a CMN is sufficient proof for supplier reimbursement--received a final ruling March 7.

In this ruling, Judge Lawrence Karlton of the Eastern District of California stated again that "the plain language of [the law] provides that any medical necessity information required from medical equipment suppliers may be submitted to the Secretary only by way of a Certificate of Medical Necessity, and not by other means, such as obtaining Medicare beneficiaries' medical records."

The case began when Lambert appealed, then filed suit against, a Medicare decision that the government overpaid Maximum Comfort because of inadequate documentation for power chair claims. The preliminary ruling, issued last June, was in Maximum Comfort's favor. Lambert was instructed to make a request to get back the money Medicare had recouped during claims appeal--an amount he determined at $425,000 in principal and interest.

But in his recent ruling, Judge Karlton said the court does not have the power to tell the government how much it owes Maximum Comfort. Due to legal precedent, he wrote, a district court "must now remand the case to the Secretary for a final determination on the calculation of the underpayment amount due to [Maximum Comfort]."

In other words, Lambert's fate once again rests with the government, which will determine how much money he will get back.

Since the district court ruling is now final on the matter of a CMN's sufficiency for claims reimbursement, the government has 60 days from March 7 to file an appeal, Lambert said. "The U.S. attorney said they were going to," he added, "but who knows now? If they appeal it and lose, they take a risk of making [the ruling] national policy rather than just in the Eastern District of California."

For more on the Maximum Comfort case, visit the July 12, 2004, HomeCare Monday by clicking here, and the July 19, 2004, edition by clicking here.



To revisit this news any time during the week, go to http://www.homecaremonday.com.

State News
Missouri Senate Approves Medicaid DME Cuts, Reform Bill
JEFFERSON CITY, Mo.--The Missouri Senate has approved a bill that eliminates the state Medicaid requirement to fund most adult DME.

The legislation, which removes the guarantee of a wide range of Medicaid services to the poor, passed Thursday after an intense two-day debate earlier in the week. According to reports, the changes could disqualify up to 100,000 from the government health program. The bill now makes its way over to the House, where observers expect the measure to pass with little opposition.

The bill "does not mean the state will not pay for DME," said Brady Vestal, director of home medical equipment at Citizen Memorial Health Care in Bolivar, Mo. "It just means the state is not required to [fund] DME by law."

He added that "the bill is significant because DME providers are going to be left to the whim of the [state] House Appropriations Committee for funding from year to year." And this year, Gov. Matt Blunt's budget proposal scraps most adult DME coverage from the Medicaid program.

With the Senate bill passed, Vestal, who also serves as state chairman for the Midwest Association of Medical Equipment Services (MAMES), said providers will focus their lobbying efforts on the state House, which controls Missouri's purse strings. "The fight is now for appropriations," he said.

In other news, the Missouri Senate approved a bill that would create a Medicaid Reform Commission to overhaul the state health program by 2007. "Our current Medicaid system is to sunset on July 1, 2007," Vestal said. "In [fiscal] 2008, we will be looking at an entirely new Medicaid system, from enrollment to submitting claims."

Michigan Medicaid Re-Examines Proposed Oxygen Cuts
LANSING--The Michigan HME association has successfully postponed a potentially devastating Medicaid cut for home oxygen as providers wait for a new proposal from the state health agency.

At the end of last year, Michigan Medicaid proposed cutting oxygen concentrator reimbursement by almost 50 percent. But state officials have since put the proposal on hold as they await new fees for Medicare oxygen pricing, which CMS has yet to release. Michigan Medicaid bases many of its fees on the Medicare fee schedule.

The 50-percent-cut proposal came about when government officials examined several oxygen-provider contracts with the state's managed-care arm of Medicaid. "The state of Michigan, like many states, is in a huge budget deficit," said Steve Slater, general manager at Grand Rapids, Mich.-based Airway oxygen and president of the Michigan Home Health Association--which has both home health and HME membership. "Medicaid makes up 28 percent of the total state budget, so they were looking for ways to save some money."

Slater said that Michigan's managed-care program holds contracts with only a few providers serving the whole state. "Medicaid serves the less-than-healthy individual," he explained. "You need to have good services. With one or two exclusive providers, service goes out of the equation.

"I cannot say enough good things about Michigan Medicaid," Slater continued. "[Agency officials] realized they didn't have the whole picture," he said, adding that the state gave the association a chance to explain respiratory therapies, accreditation and what's involved for providers in delivering quality service.

Mississippi Medicaid Saved from Insolvency
JACKSON, Miss.--In a special session March 13, Mississippi lawmakers passed legislation to borrow money from the state's tobacco trust fund to keep its Medicaid program afloat.

"This is a very happy weekend for 780,000 Medicaid recipients and the thousands who provide them health care," Gov. Haley Barbour said in a statement. "In fact, I suspect every Mississippian is glad this health crisis is over."

The state's Medicaid program, which carried a $268 million deficit, came dangerously close to bankruptcy in recent weeks. And since October of last year, state HME providers say Mississippi's fiscal trouble has cut into bottom lines.

"We're seeing many more products for adults not being covered [under Medicaid]," said Danyelle Carroll, owner of Crystal Springs, Miss.-based Mobility Medical, and president of the Mississippi Association of Medical Equipment Suppliers. She explained that these patients "need equipment to stay out of the hospital," and added that she sees more of these patients "being re-admitted to institutions, which is much more expensive than a wheelchair."

According to reports, the money from the tobacco trust fund should carry the Medicaid program through the end of Mississippi's fiscal year June 30.

Indiana Introduces HME Licensure Bill, Proposes Medicaid Cuts
INDIANAPOLIS--A bill requiring Indiana HME licensure is making its way through the state legislature with support from the state Medicaid agency.

"[The Association for Indiana Home Medical Equipment Services] has been working for the last three years to get HMEs licensed," said Jean Macdonald, AIHMES' director of public policy. HME licensure had stalled until the state attorney general's office made HME fraud prevention one of its priorities last year, she said. Since, the licensure bill "has sailed through the Senate, and it is now in the House."

She added that the bill has strong support from the Indiana Family and Social Services Administration, which runs Indiana Medicaid. The bill itself lists specific equipment that would require provider licensure, including wheelchairs, hospital beds and oxygen. Those selling DME not mentioned in the bill, such as canes and walkers, would not need a license.

In other Indiana news, FSSA Secretary Mitch Roob has proposed ways to curb Medicaid spending growth by $76 million. Besides a freeze in provider payments and discounted drug purchasing, Roob wants the state to buy wheelchairs and other DME "in bulk," though details have yet to be released.

AIHMES members will be meeting with government officials soon "to clarify the situation," Macdonald said, adding that Medicaid officials have "been very willing to listen and take our counsel."

To view the licensure legislation, visit the Indiana General Assembly Web site by clicking here.

Manufacturer News
Apex Foot Health Changes Name
ETEANECK, N.J.--Effective May 1, diabetes footwear maker Apex Foot Health Industries will be known as Aetrex Worldwide. According to the company, the name change stems from the success of its Aetrex Performance Footwear line. The company has said it will continue to carry all of its current products after the name change goes into effect. It also said it has plans to expand its existing product lines.


dj Orthopedics Acquires Superior Medical Equipment
SAN DIEGO--dj Orthopedics announced that it has acquired substantially all of the assets of Superior Medical Equipment for $3.7 million. SME provides specialized orthopedic soft goods, along with custom and off-the-shelf, rigid bracing products through a stock-and-bill business similar to dj Orthopedics' OfficeCare segment.

Specializing in rehab and regeneration products for the non-operative orthopedic and spine markets, dj sells its products in more than 40 countries and generated revenues of $256 million in 2004.

MedForce Tapped as AAHomecare Document Imaging Partner
MONSEY, N.Y.--The American Association for Homecare, Alexandria, Va., last week named MedForce Technologies as its document imaging provider of choice.

"We recognize the importance of our members implementing solutions such as MedForce Scan to help improve process efficiencies while realizing significant financial benefits," said Kay Cox, AAHomecare president and CEO. "With major reimbursement changes and the challenges we face as an industry, we could not be more pleased with the timing of this partnership."

As part of the alliance, AAHomecare members will receive discounts on the MedForce Scan system, the company's HIPAA-compliant document imaging software. The software package includes all future updates and improvements that are continuously made available to all users.

MedForce Scan "was designed specifically for the DME-HME industry and takes into account unique and specific document management needs and compliance issues not addressed by other providers," said MedForce Technologies CEO and Founder Esther Apter.

According to the company, the document imaging system can replace existing manual files with a centralized digital system that functions like paper files. The software can link with most medical billing software packages, allows various levels of authority for accessing, updating and printing patients' files, and can produce HIPAA-disclosure reports on demand.

MedForce Scan has been in use since 2000.

FDA Approves Sepracor's Metered-Dose Inhaler
MARLBOROUGH, Mass.--The Food and Drug Administration has approved Sepracor's metered-dose inhaler for its asthma drug Xopenex. The inhalation solution is currently available for use in a nebulizer to treat respiratory disorders such as asthma and chronic obstructive pulmonary disease. Sepracor plans to launch the metered-dose inhaler version, Xopenex HFA, around the end of the year.


Trinity3 Expands Further into DME
IRVINE, Calif.--Trinity3, parent of soft goods distributor Skyline Orthopedics, has created a new Healthcare Development Division to move the company further into DME, consumer health and orthopedics markets. As part of the initiative, the company has brought on Jeffrey Willman, who comes from a background in new health ventures.

A diversified health care holding company, Trinity3 bought Newport Beach, Calif.-based Skyline Orthopedics in February 2004.

In Brief
Despite the April 20 deadline for compliance with HIPAA's Security Rule, only 30 percent of payers and 18 percent of health care providers said they are compliant with the regulations, according to a new survey from the Health Information Management Systems Society. The rule will require providers to implement, through software and other methods, measures to stop unauthorized access to patients' protected health information.

Of the 43 million uninsured Americans, 18 to 20 million are eligible for Medicaid but don't know it, according to the Foundation for Health Coverage Education. Executive Director Philip Lebherz blames the statistic on lack of government communication. "The root of the problem is that this population is just not aware of programs already in place that would give them comprehensive care," he said.

Over the next few decades, life expectancy for the average American could decline by as much as five years unless aggressive efforts are made to slow rising rates of obesity. That's according to a report published in the March 17 New England Journal of Medicine. "Forecasting life expectancy by extrapolating from the past is like forecasting the weather on the basis of its history," the report said. "Looking out this window, we see a threatening storm--obesity--that will, if left unchecked, have a negative effect on life expectancy."

Coming Up
CMS will hold its next Home Health, Hospice and DME Open Door Forum March 24 at 2 p.m. EST at its Washington, D.C., offices. To participate by phone, call (800) 837-1935 and use conference ID 2865473. For more information, visit www.cms.gov/opendoor.


Medtrade Spring returns to the Las Vegas Convention Center April 5-7 with 450 exhibitors. More than 70 educational sessions during the trade show and expo will keep providers up-to-date on the latest legislative and regulatory actions facing the industry--including these sessions presented by members of HomeCare's Editorial Advisory Board:

Cara Bachenheimer, vice president, government relations, Invacare Corp.--"How to Effectively Lobby Your State Medicaid Policymakers," April 6, 11 a.m.-noon.

Dexter Braff, president, The Braff Group--"Seven Habits of Highly Effective Health Care Managers," April 5, 1:15 p.m.-2:15 p.m.

Jane Bunch, CEO, JB&CS--"Respiratory: Take a Deep Breath & Let's Get Down to the Basics," April 5, 2:30 p.m.-3:30 p.m.; "Basic Reimbursement Techniques for the Beginner--Getting Trained Right the First Time," April 7, 11:a.m.-noon.

Neil Caesar, president, Health Law Center--"20 Ways a Compliance System Will Help HME Suppliers Earn Revenue, Improve Opportunities and Stay out of Trouble," April 6, 9:45 a.m.-10:45 a.m.

Tom Cesar, president/CEO, Accreditation Commission for Health Care--"ACHC Update on Accreditation for 2005," April 7, 8:30 a.m.-9:30 a.m.

Jerold Cohen, vice president of chronic care, Catholic Healthcare Partners--"Meeting National Standards," April 5, 3:45 p.m.-4:45 p.m.

Louis Feuer, president, Dynamic Seminars & Consulting--"Creative Marketing Ideas: Unique Techniques for Reaching and Expanding Your Customer Base," April 5, 1:15 p.m.-2:15 p.m.; "HME Sales and Marketing: Strategies for Dealing with the Hottest 2005 Challenges to Building Your Business," April 6, 8:30 a.m.-9:30 a.m.

Miriam Lieber, president, Lieber Consulting--"Managing A/R for Maximum Accountability," April 5, 3:45 p.m.-4:45 p.m.; "MMA's Impact on Customer Service," April 6, 11 a.m.-noon.

Wallace Weeks, president, Weeks Group--"The Efficient Company," April 6, 11 a.m.-noon.

While you're on the show floor, stop by HomeCare at booth 1134 for a FREE subscription. For more information about Medtrade Spring, visit www.medtradespring.com or call (800) 933-8735.


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