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June 22, 2009 Volume 15, Number 26

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Table of Contents
- Democrats’ Reform Plan Hits PWC Purchase Option
- NCART Moves to 'Next Level'
- Florida Medicaid Probes Oxygen Providers
- Identity Theft Scam Snags Medicare Docs
- Apria Begins Billing Office Consolidation
- Cape's Sheehan Meets Sebelius; Home Care Medical Turns 35
- AARP Backs Transitional Care Benefit; CNN Investigates NCB
- Thoughts from the PAOC

For more industry news, features and highlights from our latest issue, please visit our Web site at www.homecaremag.com.

Headline News
Democrats’ Reform Plan Hits PWC Purchase Option
WASHINGTON--House Democrats revealed a draft version of their health care reform bill on Friday, and while the massive 852-page proposal would cover nearly all Americans, it lacked two major components: a price tag and the means to pay for it.

However, the American Association for Homecare reported that one “pay-for” would be the elimination of the first-month purchase option for power wheelchairs.

“A discussion draft of a health care reform bill released today by House Democrats would eliminate the first-month purchase option for all power wheelchairs,” AAHomecare officials said.

“The House package does contain a provision that would eliminate the first-month purchase option for power wheelchairs, effective for wheelchairs purchased on or after Jan. 1, 2011,” Elyria, Ohio-based Invacare confirmed on its Web site. “We expect the Senate to have a similar provision, but expect the Senate proposal to exempt complex rehab power wheelchairs.”

AAHomecare said no cut to oxygen was mentioned in the House bill. However, the association added, “AAHomecare believes that a cut will emerge later in the legislative process as a way of paying for health reform. The association believes a similar threat of reductions in oxygen reimbursement exists in Senate proposals.”

And that may not be all, the association said.

“In hopes of delaying the inevitable protests from affected health care sectors, legislators in both the House and Senate have not tipped their hands about all of their proposed cuts and financing options. We anticipate that more details on financing options to pay for health care reform will be released after the July 4th congressional recess,” AAHomecare told its members.

“They are taking the early versions of the [Medicare Improvements for Patients and Providers Act] that had more pay-fors in them, and those they didn’t use they’re putting on the table this year,” said Seth Johnson, vice president of government affairs for Pride Mobility Products, Exeter, Pa. “They’ll throw everything they can at it and see what will stick.”

Passed last July, MIPPA delayed competitive bidding but mandated a 9.5 percent cut to 10 product categories to make up for the savings Medicare would have gained through the program.

While the Democrats did not say how much their plan would cost, they did say they would likely pay for it by slicing Medicare and Medicaid costs and perhaps by bumping up taxes on alcohol and soda pop.

Among other things, the bill would require all Americans to purchase health insurance and would establish a government-run health plan that would go head-to-head with private insurance companies. In unveiling the plan, House Education and Labor Committee Chairman George Miller, D-Calif., acknowledged it would not please everyone. However, he added, “If there is one thing off the table, it is saying no to health reform.”

While stakeholders are concerned about the House bill, they are even more troubled by the $1.6 billion Senate version, now going through markup. Members of that chamber have been clear they consider the first-month purchase option for PWCs a viable cut, Johnson said, with lawmakers looking to shave the bill's price tag.

“The odds are that the Senate bill will be the one that ends up moving at the end of the day, and that’s why we are putting more emphasis on the Senate at this time,” he explained, adding that the Senate draft will likely not be released until after Congress' July 4 recess.

With more than 90 percent of beneficiaries choosing the purchase option because of long-term needs, Johnson said he is hopeful the industry might dodge the cut again.

“When you look at the industry’s success at keeping this out of Medicare packages for the last four years, I would say we have more good arguments this year than in the past--tighter credit markets, the effect on small business and, for any size business, reduction in jobs,” Johnson said. “The cuts they are looking to make to this industry simply are not sustainable and seem counter-intuitive to the objectives of the administration.”


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NCART Moves to 'Next Level'
WASHINGTON--The National Coalition for Assistive and Rehab Technology has announced that Don Clayback will become its new executive director, taking over the position July 15.

Formed in 2004, the group is made up of providers and manufacturers who advocate for products and services needed by those with complex disabilities and medical conditions.

Clayback brings 22 years of industry experience to the post, the past six spent as vice president of government relations for member services organization The MED Group. He has also served as an industry consultant and vice president at two HME/rehab companies.

“The NCART board felt that the landscape of the industry dictated the need for the association to move to the next level as the voice of complex rehab,” said Gary Gilberti, president of NCART and CEO of Baltimore-based Chesapeake Rehab Equipment. “Don's skill set made him the perfect candidate to lead that charge.

“With battles looming over the separate benefit category, the 9.5 percent reimbursement cut and battles over the parts of complex rehab that have not yet been exempted from competitive bidding, it is critical that the organization be well armed and prepared,” Gilberti said.

“We’ve got a lot of issues to address, and complex rehab has a strong message to send,” added Clayback, who has been involved with NCART since its inception. He said the coalition’s board has committed resources to make that happen, including the addition of administrative support and a lobbying firm that will “focus strictly on the rehab side” of legislative issues.

“It’s getting to the point where we need some wins,” said Gilberti. “We had a semi-win last year with the rehab exemption, and if we can move the 9.5 percent restoration forward and get a separate benefit category, we’ll be in better shape.”

Attacking the DME cut is first up, but analyzing both regulatory and legislative strategies for a separate benefit is on the current agenda as well. “If we can get a regulatory solution it will be a quicker effort,” Gilberti said. “Traditionally we have tried to work with CMS and had very limited success, and we may just need that nudge from Congress with a legislative effort.”

Another focus for the coalition will be forming closer ties with consumers and advocacy groups to help with those initiatives and others.

“We’ve made some inroads in getting consumers involved,” Clayback said, “but we need to bring key consumer groups such as the ALS Association, [Muscular Dystrophy Association] and the [National Spinal Cord Injury Association] closer together with NCART to work in partnership.

“In various communities you are seeing companies getting out of complex rehab, and I think we will see more of that,” he continued. “Consumers need to realize when we get caught reimbursement-wise, that is going to have an effect on the equipment and services they need.”

The group will upgrade its Web site as a central repository of information for its members, policymakers and consumers, Clayback said.

NCART also plans to become more active on Medicaid issues at the state level, where “we’ve got 50 potential mine fields,” he added. “We’ve got some challenges, but we’re going to ramp things up in terms of resources and strategies so everybody can continue to fight.”

Gilberti said Clayback will transition to the new position over the next month, replacing Sharon Hildebrandt, who “helped establish the identity of complex rehab in Washington.”

MED Group President Bill Elliott said the Lubbock, Texas-based organization has already begun a search to fill its government affairs job. "It's an important part of what we do for our members and for the industry," he said.

Florida Medicaid Probes Oxygen Providers
MIAMI--Florida’s Agency for Health Care Administration said last week it is zeroing in on home oxygen providers suspected of defrauding the Medicaid program.

”Investigators have found that Medicaid paid for equipment that is missing, unused or was never received by the patient,” an AHCA press release announced. As well, some beneficiaries may have received kickbacks from providers, officials said.

Holly Benson, secretary of AHCA, told reporters at a press conference on Thursday that a team of state investigators conducted site visits at 12 providers and visited more than 120 beneficiaries who had received oxygen concentrators in Miami-Dade County. Now they will evaluate the results to figure out whether the discrepancies are the result of billing errors, abuse of the system or Medicaid fraud.

AHCA focused on oxygen providers because concentrators were Florida’s top durable medical equipment expenditure. The Miami-Dade County area was targeted because of its high reimbursement levels for oxygen concentrators, Benson said. Last year, Medicaid reimbursements for concentrators tallied more than $1.4 million in the county, about 17 percent of the statewide total of $8.5 million.

In all, Medicaid spent $90 million in 2008 on HME for 150,000 beneficiaries, according to ACHA.

“As the cost of health care continues to rise, it is important that we ensure the integrity of the Medicaid program stays intact,” Benson said. The goal of the investigation, she continued, is to ensure that appropriate services are being delivered and billed correctly, as well as to determine that beneficiaries have been trained how to use their equipment.

The Miami-Dade investigation follows another earlier this month that focused on the Tallahassee area and Escambia County.

“Escambia County was targeted for the current investigation because it ranks seventh in the state in billing for oxygen concentrators, even though its Medicaid population represents only a small percentage of total recipients,” according to an AHCA release.

Last Monday, Florida Gov. Charlie Crist signed a bill declaring Miami-Dade a crisis area for health care fraud and tightening regulations on home health agencies, HME providers and health care clinics.

In May, the federal government announced a new Health Care Fraud Prevention and Enforcement Action Team that will increase anti-fraud enforcement efforts in Miami and Los Angeles.


Identity Theft Scam Snags Medicare Docs
BALTIMORE--According to a Thursday alert, CMS has become aware of a scam in which perpetrators are sending faxes to physician offices posing as the Medicare carrier or Medicare Administrative Contractor (MAC).

The fax instructs physician staff to respond to a questionnaire to provide an account information update within 48 hours in order to prevent a gap in Medicare payments. The fax may have the CMS logo and/or the contractor logo to enhance the appearance of authenticity, the scam alert said.

A Friday update from NHIC, the A/B MAC for Part B, said once obtained, the personal information is being used to complete fraudulent Medicare provider applications for new practice locations. Once the new provider number is established, the scammers quickly submit a large volume of claims to the Medicare carrier for payment.

In one instance, NHIC said, "a provider received a fax on what appeared to be the carrier's letterhead. The fax was labeled 'CMS File Update' and asked for a series of documents, including copies of the physician's medical license and driver's license. The physician faxed the requested information to a toll-free '877' number. The unknown party then submitted a Medicare provider application (CMS 855) under the provider's name and set up a 'fake' office in another city. The real physician discovered the fraud when a third-party insurer contacted him for a refund on a patient that was not his."

According to the CMS notice, all Medicare fee-for-service providers should be wary of this type of request. "If you receive a request for information in the manner described above," CMS said, "please check with your contractor before submitting any information. Medicare providers should only send information to a Medicare contractor using the address found in the download section of the CMS.gov Web site at www.cms.hhs.gov/MLNGenInfo/ or www.cms.hhs.gov/MedicareProviderSupEnroll."


Apria Begins Billing Office Consolidation
LAKE FOREST, Calif.--As part of a consolidation of its billing offices announced earlier this year, Apria Healthcare will move at least 200 employees into a new facility in Overland Park, Kan., by the end of the summer.

The 101,000-sq. ft. office location, part of Sprint Nextel’s $1 billion headquarters campus, will expand to between 450 and 550 employees in three to four years, according to Apria Executive Vice President Lisa Getson.

The current billing and collection jobs will be moved from “other relatively large respiratory/HME billing centers” in Washington, Oregon, Hawaii, Illinois, Ohio, Florida and Connecticut, Getson said. Those facilities will gradually consolidate into the Overland Park center and two others in Jackson, Tenn., and Tempe, Ariz.

In all, 13 billing centers will be affected over the next 12 months, closing by mid-2010.

Separately, Getson said, two large Medicare respiratory/HME billing centers will consolidate into a single location in Canonsburg, Pa., on the same timeline.

“Unfortunately, Medicare cuts are translating directly into staff reductions in these states,” said Getson, adding that “Apria is doing everything it can to minimize the impact on employees.” The company announced the closings internally in mid-April and is offering career counseling and relocation assistance if affected employees want to move to one of the three consolidated centers or to other jobs within the Apria network.

Apria already has 250 employees in Overland Park area offices, including respiratory/HME branches, a home infusion therapy pharmacy and an inhalation therapy/diabetic supply pharmacy.

Citing home oxygen cuts of 27 percent this year due to the 36-month cap and the 9.5 percent DME reimbursement reduction, Getson said “the company must continue to find ways to lower costs to become even more efficient in order to position itself to navigate the cuts in the short term and continue to serve patients over the long term.”


HME Company Newswire
Cape's Sheehan Meets Sebelius; Home Care Medical Turns 35
SANDWICH, Mass.--Cape Medical Supply CEO Gary Sheehan got the word out about home care to HHS Secretary Kathleen Sebelius and Massachusetts Gov. Deval Patrick at a June 5 forum on health care reform. The invitation-only event was held at Boston's Tufts New England Medical Center.

“I was fortunate to have Gov. Patrick call on me for a question, and Secretary Sebelius gave a thoughtful answer about the role she saw home care playing," said Sheehan, who delivered a statement to Sebelius along with supporting materials on the value home care brings to the health care continuum. "One of my central points centered on the Hippocratic Oath, which states ‘above all else, do no harm.’ The government must be careful in the rush to complete the reform process that they do not dismantle or destroy key programs providing long-term value to patients and the system.”

Home Care Medical Turns 35
NEW BERLIN, Wis.--Home Care Medical, founded by father and son David and Richard Rolfs in 1974, is celebrating its 35th anniversary. The company, which started with two employees and 1,100 customers in the Milwaukee area, had grown to serving most of southeastern Wisconsin by 1983. That same year, the HME helped found the Wisconsin Association of Medical Equipment Services (WAMES). Now, with nearly 39,000 square feet of space at its corporate headquarters plus an 8,000-sq. ft. retail store open six days a week, Home Care Medical "will continue to expand to meet the needs of our customers," said President John Teevan, who took the reins in 1990.

Kelly's Expands
DAVENPORT, Iowa--Kelly’s Medical Equipment & Supply has moved to new digs in an effort to grow its retail business. Owner Bill Kellenberger told the Quad Cities Business News that due to Medicare cuts, "we needed more walk-ins." The company now occupies 7,500 square feet of a former Kunkels Sport Center building. Kelly's also has stores in Moline, Geneseo, Kewanee and Galesburg, Ill., and Clinton, Iowa.

Pediatric Asthma Program Singled Out
ST. PAUL, Minn.--Pediatric Home Service has earned The Joint Commission’s certificate of distinction in disease-specific care for its pediatric asthma program, the only U.S. program independent of a hospital or health care organization with the certification. For a look at PHS, see "Safe at Home," HomeCare, October 2008.


In Brief
AARP Backs Transitional Care Benefit; CNN Investigates NCB
On Wednesday, AARP threw its weight behnd the bipartisan "Medicare Transitional Care Act," introduced by Sens. Jeanne Shaheen, D-N.H., and Susan Collins, R-Maine. The legislation would create a new Medicare benefit to coordinate care during a person's transition from a hospital to their home or other care settings. Such a benefit could could help save some of the estimated $17 billion Medicare spends each year on preventable hospital readmissions, AARP said.

"It's unacceptable that 20 percent of people in Medicare who visit the hospital will return within a month, often because they aren't getting the follow-up care they need,” said AARP Executive Vice President Nancy LeaMond. "We're sending home too many people with a handful of prescriptions and no support. Something as simple as help to set up a medication schedule could be the difference between getting healthy or winding up back in a hospital bed.”

Reps. Earl Blumenauer, D-Ore., and Charles Boustany, R-La., have introduced a companion bill in the House.

Earlier this month, AARP endorsed the "Empowered at Home Act," which would provide incentives for states to expand access to home and community-based services. (See AARP Endorses 'Empowered at Home Act,' June 8.)

CNN Investigates NCB
AAHomecare reported Wednesday that CNN is working on an investigative piece on HME spending and national competitive bidding. "AAHomecare has opened its doors to CNN and has methodically shared reams of information with the producers" and "is working to ensure accurate reporting and fair treatment by CNN," the association said. Stay tuned.

MACs Summarize LCD Revisions
Last week the DME MACs sent a summary outlining changes to local coverage determinations and policy articles on oxygen and therapeutic shoes. Read the notice on the Jurisdiction C Web site.

Heartland Attendees Welcomed in Waterloo
After regional flooding caused an evacuation of VGM’s Heartland Conference last year, more than 800 HME providers, manufacturers and others gathered earlier this month in Waterloo, Iowa, the member services group’s hometown, for the eighth annual event. Held at the Five Sullivan Brothers Convention Center June 8-11, the conference featured 109 educational sessions across eight tracks: executive, operations, products and technology, regulatory issues, rehab, reimbursement, respiratory and sales and marketing. In the exhibit hall, 73 vendors showed off their latest products and services.

Attendees were able to earn up to 23 continuing education units from eight accrediting bodies: NRRTS, RESNA, AARC, University of Pittsburgh, IACET, ABC, BOC and the Iowa Board of Nursing. They also got a welcome dose of VGM’s famous Midwest hospitality at a hog roast, gala party and bowling tournament.

VGM officials called the event particularly timely this year with health care reform “a front-burner issue.”

In other VGM news, the group has revised the schedule for its competitive bidding seminar dates to align with CMS’ new timeline for the rebid of Round One. Beginning next month and running through early September, the seminars will be held in all nine bid areas. For dates, cities and information, visit www.vgmncbservices.com.

Invacare Scores Again
Following its ranking among the Fortune 1000 earlier this month, Invacare, Elyria, Ohio. moved up on IndustryWeek Magazine’s U.S. 500, a list of the largest publicly held manufacturing companies headquartered in the United States. The company is ranked 393, up from its 2008 ranking of 407. “When I led the leveraged buyout of Invacare in 1979, Invacare had three small Ohio manufacturing facilities. Over the past 30 years, Invacare has grown to 14 manufacturing locations in North America and 16 additional manufacturing facilities throughout the world,” said Chairman and CEO Mal Mixon.

NCAMES Director Named Outstanding
Beth Bowen, executive director of the North Carolina Association for Medical Equipment Services (NCAMES), has been named Outstanding CEO for 2008-2009 by the Association Executives of North Carolina. The award reflects outstanding leadership and achievement in association management.

Watching Those Middle-of-the-Night Soccer Games? Blame the Economy
A survey conducted in five countries around the globe found 40 percent of those questioned blame the state of the world economy as the reason for their lack of sleep. The Royal Philips Electronics survey showed the majority of respondents (61 percent) said their work was impacted negatively by lack of sleep, at an average of 6.2 days a year. Additional survey findings showed:

• The average manager is sleeping 19 percent less than the recommended eight hours a night.
• Americans are more likely than other nationalities to lose sleep through workplace stress, with 30 percent citing it as the reason they wake up during the night.
• The average amount of time it takes Americans to fall asleep--26 minutes--is more than that of any other country surveyed.
• American men lead the world in snoring, with 29 percent snoring every night.

The study surveyed 2,500 managers equally split across the UK, Germany, United States, Japan and The Netherlands.

CHAD Revamps Web Site
CHAD Therapeutics has unveiled a new Web site that, according to a company release, makes it easier to get information on products as well as to place an order and track shipments. "Faced with the myriad of issues challenging their businesses, we wanted to make it easier for our customers to do business with us," said Heather Anusbigian, marketing administrator. In 2008, Naples, Fla.-based Inovo acquired CHAD's oxygen conserving assets and retains the right to market and sell under that name.


In My View
Thoughts from the PAOC
By Rob Brant, owner of City Medical Services, North Miami Beach, Fla., and president of the Accredited Medical Equipment Providers of America

Editor’s Note: Among other arguments against competitive bidding, provider Rob Brant believes one of its goals has already been achieved: The number of oxygen providers has dropped significantly since last year, even though the bidding roll-out was delayed after an implementation of only two weeks. “In April 2008, there were 501 oxygen providers listed in the Miami MSA,” he reported. “Today, medicare.gov states that there are only 388 oxygen providers listed in the Miami MSA, a reduction of 113 providers.”

After attending a June 4 meeting of the Program Advisory and Oversight Committee, held to discuss the rebid of Round One, Brant sent along these thoughts.

“Medicare told me they resolved the problems from last year's competitive bidding program, but if you hear differently at the PAOC meeting, I want to know about it.”

That's what Congresswoman Ginny Brown-Waite, R-Fla., who serves on the Health Subcommittee of the House Ways and Means Committee, told me during a meeting in her Washington office.

Unfortunately for her constituents in the Round One Orlando MSA, little has changed. The competitive bidding program in DMEPOS is still a bid without financial accountability that will allow unqualified companies to low-ball bid to achieve their goal: not the ability to continue serving patients but to sell their company after winning the bid.

Lowest Bidder Selling Out to the Highest Bidder
A key fundamental flaw, which still exists, is that bid winners can still sell their companies and transfer their bid contract to the new owners. This resulted in companies that had no intention and ability to provide products and services to patients offering unrealistic low bids with the intent of selling a worthless business for something.

In the Polk County demonstration project a large national company bought a bid winner, and the concept snowballed from there. Last year, bid winners received calls from desperate bid losers asking to buy their companies. When common sense revealed that a bid-winning business could not survive with an average 26 percent cut in reimbursement, bid winners began calling existing companies announcing that their businesses were now for sale.

When the topic came up at the PAOC meeting, CMS officials explained that Medicare providers will always have the right to sell their companies. One of the first suggestions from the public comments was by a provider in a Round One MSA. She suggested that if the program continues, bid winners should not be allowed to transfer their contract to the new owners. I applaud this idea and feel it would help keep bids at an attempted honest level.

No History of Providing Products and Services
This was a topic that nearly the entire PAOC committee questioned: “How can a company that has never provided products and services before be allowed to win a bid?” PAOC members commented that “you don't want on-the-job training when it comes to products that provide life support.”

The most basic argument floating around the table was that these companies would place unrealistic low bids in order to win without knowing the requirements of providing expensive services. When asked for an explanation of why this still exists, a CMS representative answered, “It will increase competition.”

During the public comment period, I used my time to talk about how the new CPAP requirements would affect the uninformed bidder. I explained that a company that does not currently provide CPAP would most likely choose to bid based on the least expensive CPAP machine available.

CMS' new policy, which began in November, requires a premium CPAP device with download capability, multiple visits to the patient's house to assure compliance and additional time spent downloading reports and communicating with the doctor to make sure that the patient is using the device according to the new requirements.

Obviously a company that has never provided CPAP before will bid at a much lower rate based on a single delivery of the least expensive CPAP compared to the actual provision of premium products and necessary services.

Licensure
One of the only significant changes [in the bidding process] is that CMS will now disqualify companies that do not have state oxygen and home medical equipment licenses in place before they bid. Unfortunately, only a few states require licensure, and it was not made clear whether the license would be sent with hard copy documents or if CMS would check each applicant against state records.

Last year, nine of the 44 oxygen bid winners in Florida's Miami and Orlando MSAs did not have medical oxygen retailer licenses from the Florida Department of Health. Additionally, CPAP and enteral feed bid winners from California, Ohio, New York and other states failed to obtain a home medical equipment license from Florida's Agency for Health Care Administration. The previous Round One bid required providers to be licensed.

When CMS was made aware of the unlicensed bid winners, those companies were not disqualified. When asked, CMS stated that those companies would have to wait until they obtained the proper licenses before they could participate as bid winners, but they were merely following state laws.

Transparency
Other issues were brought up about needing only one year of financial records compared to three, and new subcontracting rules that require subcontractors to be accredited. But providers located hundreds of miles outside an MSA could still win a bid without having any subcontract agreements in place proving they could service an area.

The underlying problem is that the members of the PAOC and attendees still do not know how CMS evaluates a company's ability to cover an area, how capacity is calculated and what constitutes a valid bid that a business could live with without declaring bankruptcy. When asked at the meeting, CMS answered that [last year] they did question a bid that they thought was too low, but the bidder provided an invoice to prove the company could purchase a product at that price. The question about providing the product to the patient, training the patient, billing Medicare and providing maintenance and service was never discussed.

The PAOC did a commendable job in trying to make the competitive bidding program work, but by the end of the day, the only thing that was clear is that the outcome from this version may be another rebid of Round One in 2011.

Rob Brant can be reached at rob@amepa.us.

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


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