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| A Primedia Property | |
| May 2, 2005 | Volume 11, Issue 16 |
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Call 800-526-8006 or visit us at www.mrnmanager.com More than a Service -- A Solution! For more industry news, features and highlights from our latest issue, please visit our Web site at http://www.homecaremag.com. Headline News DOJ Sues The Scooter Store WASHINGTON--The U.S. Department of Justice filed suit against The Scooter Store on Friday, charging the New Braunfels, Texas-based company with submitting fraudulent power wheelchair claims. Filed in federal court in San Antonio, the government alleges The Scooter Store told potential customers who had called in on its toll-free number that Medicare would pay for expensive power wheelchairs but not less expensive scooters. The government suit is a counter-claim to a lawsuit The Scooter Store filed against HHS earlier this year seeking payment for denied power chair and scooter claims. That suit also charges HHS with violating the law by demanding documentation to prove patient need for the equipment in addition to a physician-signed Certificate of Medical Necessity. In September 2003, the government rolled out its Operation Wheeler Dealer, including increased scrutiny of all K0011 claims, in an effort to contain fraud and abuse of Medicare's power chair benefit. In October 2003, the FBI conducted interviews with about two dozen Scooter Store employees, which an FBI field agent said was the continuation of a two-year-old investigation of the company. During 2004, The Scooter Store laid off 400 employees, blaming the government's tightened power wheelchair claims policies. By the end of the year, the company announced it would no longer provide power chairs or scooters to Medicare beneficiaries in the Houston area, citing "drastically more restrictive interpretations of coverage guidance than anywhere else in the country." Harris County, Texas, where Houston is located, is the epicenter of the government's crackdown, where K0011 claims must be personally approved by a member of a special CMS task force. Responding to the government suit, The Scooter Store President Mike Pfister issued a statement, saying: "Justice Department lawyers today responded to The Scooter Store's pending suit for Medicare reimbursement with compulsory counterclaims. This procedural action was expected and was necessary for the government to retain its options. "The government has applied inconsistent standards, violated the law, and wrongfully denied claims. The specific claims made by the government reflect an ignorance of actual conditions faced by Medicare beneficiaries. The Scooter Store will continue to pursue reimbursement from Medicare for power wheelchairs provided to Medicare beneficiaries at the request of their treating physicians. This equipment allows qualified beneficiaries to live more independently, perform the normal activities of daily living, and by preventing injuries and unnecessary hospitalization saves the Medicare system more than two dollars for every dollar spent ... "Unfortunately, this action by the government indicates that some officials appear more interested in second-guessing the conclusions reached by doctors than they are in making sure that qualified Medicare beneficiaries have access to the medical equipment their doctors say they need." According to an Associated Press report, The Scooter Store has billed the government for more than $400 million in claims since 1997. Home Oxygen Liquefaction System Receives FDA Clearance DENVER--An in-home system that converts gaseous oxygen to liquid form received FDA clearance late last month. In-X Corp.'s Home-Away system enables patients with long-term oxygen therapy to produce liquid oxygen in their home. The system "will enable patients on LTOT to remain mobile and maintain their quality of life," said company President Doug Powell. "Additionally, it is exciting news for home health care providers because it eliminates costly and time-consuming deliveries ...." Powell explained that the system takes "feed flow from an oxygen concentrator and sends a portion of it through a cryogenic cooling device that chills to the temperature at which oxygen condenses [into liquid form]." The liquid oxygen is stored until it's ready to be transfilled into a portable, 4.2-pound unit that can give a typical patient six to eight hours worth of oxygen. "This basically gives the patient an unlimited supply of liquid O2," Powell said. He added that the new technology is in line with the industry's push to lower costs through fewer in-home deliveries. For example, where the company is located in Denver, "to run a truck in the mountains once a week to deliver oxygen is very expensive," he said. "As cost goes up to deliver and the reimbursement goes down, [providers] are going to look at that radius [of the coverage area] they're servicing and tighten up. So what will happen to the folks in those outer areas?" The FDA clearance has been a long time coming, Powell said. A prototype unit was introduced about five years ago, and "we've gone through a number of iterations based on that early concept," he explained. "Every time you make a change, you have to re-apply [with the FDA]." The company had hoped to gain FDA approval for the product in time for Medtrade Spring in early April. Now, they're anticipating having the system ready for sale during the last quarter this year with delivery to begin in early 2006. With the product finally on its way to the market, observers say they are waiting to see if it meets the kind of success other home oxygen filling systems have experienced during the last year. Elyria, Ohio-based Invacare Corp. attributed growth in its North American respiratory sales--43 percent over all of 2004 and 16 percent during first quarter 2005--to its HomeFill product line, along with strong concentrator sales. Meanwhile, Chatsworth Calif.-based Chad Therapeutics said shipments of its Total O(2) Delivery System for the third quarter, which ended Dec. 31, had tripled over prior-year results. Congress Narrowly Passes Budget With Medicaid Cuts WASHINGTON--Congress has approved a budget plan that calls for slashing Medicaid by $10 billion over five years. The $2.6 trillion budget, which passed Thursday by a vote of 214-211 in the House and 52-47 in the Senate, calls for the first cuts to the state-federal health program for the poor and other entitlement programs since 1997. An earlier version of the budget included $20 billion in Medicaid savings over five years, but a compromise was reached by Senate and House negotiators just hours before the vote. A number of lawmakers, led by Sen. Gordon Smith, R-Ore.--who fought to take the program completely off the chopping block--had threatened to vote against the entire budget if Medicaid cuts were too deep. Earlier this year, Smith sponsored an amendment to the Senate's budget proposal to delay any Medicaid cuts by a year and create a commission to study long-term reforms to the program. The original budget proposal in the House left Medicaid cuts intact. In talks to resolve budget differences, negotiators agreed to form the commission, which is expected to suggest wholesale changes that are needed to produce Medicaid savings and put the program on sustainable financial footing. The panel will recommend its first round of changes by Sept. 1. With the commission's study, Medicaid funding reductions would not take effect until 2007, allowing the commission more time to work with state governors, many of whom have already been trimming the program in their own budgets. The Congressional Budget Office has estimated that without any cuts, the federal government would spend $191 billion on Medicaid next year and more than $1.1 trillion for the five years covered by the budget. McClellan: Home Care Is Preferred, Cost-Effective WASHINGTON--CMS Administrator Mark McClellan told lawmakers last week that giving patients more options for where they receive long-term care--including in the home--is one way to address the government's skyrocketing health care costs. "We are way past the stage of talking about this. We have evidence that home- and community-based health care is clinically and cost-effective, as well as preferred by most beneficiaries," McClellan told the House Energy and Commerce Health Subcommittee at a hearing on Wednesday. The CMS chief also called on Congress to end Medicare's "institutional bias," because the program pays for nursing home care but not community-based care. "Beneficiary control means better quality and more people served for the same or lower cost," he said. McClellan's comments seem to indicate an acknowledgement from government officials that home care could be part of the solution to the nation's health care crisis. Just last month, HHS Secretary Michael Leavitt said at a meeting of the National Conference of State Legislatures that home care is "radically more efficient" than the alternatives and called for more home and community-based care in Medicaid. To revisit this news any time during the week, go to http://www.homecaremonday.com. State News Missouri Governor Approves DME Cuts JEFFERSON CITY, Mo.--Missouri Gov. Matt Blunt signed Medicaid reform legislation last week that would eliminate coverage for most adult DME. While some of these services could be funded through the state legislature's budget, the governor threatened to use his line-item veto power if too many changes are made. The new law, which takes effect Aug. 28, also will remove 100,000 beneficiaries from the program rolls and scale back coverage levels to the minimum required by the federal government. While the law takes away the requirement for Medicaid to fund DME, the legislature appears to be willing to restore some services. Last month, the House passed a budget that would fund equipment including wheelchairs, oxygen and artificial limbs, but not other products like canes, crutches, catheters and commodes. The Senate is still debating its budget and has proposed adding even more services, which prompted a warning from Blunt: "If I received a budget that in multiple instances expanded the [Medicaid] program beyond what was in [the newly signed law], I would indeed use the line-item veto." In protest to the signing of the legislation, eight people chained their wheelchairs to a door in the Missouri state capitol on Thursday. At one point during the more than two-hour demonstration, an estimated 100 people blocked the doorway as they chanted to meet with Blunt. Many disabled Missourians claim the legislation will prevent them from living independently and force them into nursing homes. Vermont Considers Universal Health Plan MONTPELIER, Vt.--The Vermont House has approved a plan that would provide health coverage to all of the state's residents. The bill proposes a tax-financed health care system--similar to Canada's government-run health care program--that would provide universal access to primary and hospital care for all Vermonters beginning in 2007, and coverage for other medical needs by 2009. Under the plan, the state would create a Department of Health Care Administration to oversee health care regulation, planning and costs. Estimates of how much the program would cost taxpayers and what benefits would be covered will be studied by the legislature this summer and fall. If the bill makes its way to Gov. James Douglas' desk, it may not escape his veto pen--he has said he strongly opposes the measure. Provider News Canadian Distributor Plans U.S. Retail Stores, Sets First Opening VANCOUVER, British Columbia--Canadian-based AMS Homecare is expanding across the border with the Seattle-area opening this summer of its first in a planned network of retail eldercare stores. Dubbed 65 Plus, the stores will be geared toward the elderly and disabled, and will include a pharmacy, private consulting area, DME and other devices such as hearing aids. The first store is slated to open in Bellevue, Wash., this June in a leased 2,500-sq. ft. space, although subsequent units may be larger, the company said. "We believe the elderly and disabled represent an underserved market. There is no single location at which they can find all the products they need to maintain their mobility and quality of life," said AMS CEO Harj Gill. "We are bringing together those products in a store that offers a convenient and dignified setting. The 65 Plus store will provide a new departure in service to this growing segment of the population." In December, the company's U.S. subsidiary signed a letter of intent with a Canadian pharmacy to form a joint venture to enter the U.S. retail market. The pharmacy company will advise on U.S. pharmacy start-up procedures, and assist in hiring pharmacists. "The synergy of providing pharmaceutical services with our products--which are designed primarily for the elderly and others with mobility difficulties--will be a natural fit with our target market," Gill said at the time, adding that AMS will use expertise from its distribution business in supplying the store. Locating the first store in Washington makes sense because "we are just a couple of hours from Washington," he said. "We ran a marketing test in this area recently, and we were quite satisfied with the results." AMS provides mobility equipment, other medical products and patient monitoring technology to a base of 300-plus dealer customers in Canada. Arcadia Acquires Southwest Florida Respiratory Company SOUTHFIELD, Mich.--Arcadia Resources, through its subsidiary Beacon Respiratory Services, has acquired United Health Care Services, a respiratory supplier with operations in Fort Myers and Port Charlotte, Fla. The company plans to operate the business under the Arcadia H.O.M.E. (Home Oxygen Medical Equipment) name. "United Health Care has a long history of profitability," said Larry Kuhnert, president of Arcadia Resources. "With an established infrastructure and client base in Southwest Florida, United Health Care Services represents an opportunity for Arcadia to build rigorous sales in the high-margin, direct-to-patient DME industry." In Brief People who don't get enough sleep--or too much sleep--may be at increased risk of developing diabetes and impaired glucose tolerance, according to a new study. Researchers at the Boston University School of Medicine found that among 1,486 subjects the risk of diabetes was increased by 2.5-fold in those sleeping less than six hours a night and 1.79-fold for those sleeping nine or more hours. The authors of the study, which was published in the Archives of Internal Medicine, recommended that sleep levels should be tested as a non-drug treatment strategy for patients with diabetes or impaired glucose tolerance. Here's another reason to get a good night's sleep: Scientists have found a link between sleep disturbances and metabolic syndrome, a cluster of conditions shown to increase risk of heart attack and stroke, the National Institutes of Health reported. An NIH study suggests that the brain system controlling the sleep-wake cycle might play a role in regulating appetite and metabolism. The finding could help explain why disrupted sleep patterns--particularly when combined with a high-fat diet--are associated with excessive weight gain and metabolic syndrome. Obesity causes about 112,000 deaths a year, according to a study published in the Journal of the American Medical Association. This is far fewer than the 400,000 annual deaths estimated last year by the Centers for Disease Control and Prevention. Katherine Flegal of the National Center for Health Statistics, which led the latest study, attributed the difference to better, more recent data, and the fact that changing lifestyles may be reducing the obesity epidemic. Still, "This shouldn't be interpreted to mean obesity isn't a problem anymore," Flegal told the Washington Post. "Obesity certainly is still a problem." Newsmakers Waterloo, Iowa-based The VGM Group has promoted Debbie Hunter to vice president of operations for Homelink, the buying group's managed care division. She joined the company in 1994 as patient care coordinator and was promoted to associate vice president-patient services in 1999. The company also has promoted Lucy Choplin to controller and vice president of corporate accounting. The board of directors at A&D Medical recently appointed Teru Moriya as the company's new president and CEO, succeeding retiring President and CEO Paul Huber. Moriya has been with the company since June 2002. Tarrytown, N.Y.-based Viterion TeleHealthcare, a Bayer-Panasonic Co., has appointed Robert Dean as director of sales and service. Previously, Dean served as vice president of sales for MedAptus. Before that, he was director of sales for MisysHealthCare Systems. Billings, Mont.-based Computers Unlimited has promoted David Schaer to director of new business development. The company also has promoted Davis Almanza to pharmacy development manager, where he will oversee operations for CU's pharmacy and home-infusion software business. Mundelein, Ill.-based Medline Industries' Vice President, Clinical Education Cynthia Fleck has been elected to serve as a nurse member on the board of directors for the Association for the Advancement of Wound Care. Coming Up The American Association for Homecare will hold its Washington Leadership Conference June 7-10 in Washington, D.C. Highlights include speakers Rep. Mike Ross--the only home care provider in Congress--and former CMS Administrator Tom Scully, as well as a day on the hill to meet with Congressional officials. For more information, visit www.aahomecare.org or call (703) 836-6263. ADVERTISEMENT |
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