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| February 25, 2008 | Volume 14, Issue 8 |
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ADVERTISEMENT ACCREDITATION. Who to choose, when to start? Joint Commission accreditation is a unique, hands-on management tool that organizations can use to assess compliance and proactively improve business practices. Our certified surveyors identify potential risk areas before they can become costly problems-helping you safeguard your patients and operations. Our FREE "Accreditation Readiness Toolkit" can provide the practical answers you're looking for about our process: what happens on survey, what is required, and the applicable Joint Commission accreditation fees. Click here. In This Issue: PAMS Study Fires Up Fight Against Competitive Bidding; AAHomecare Calls for Suspension of Round One Fast Grassroots Action Stalls Surety Bond Legislation Accreditation Needs Push, CMS Says Open Door Call Reveals Little More on NCB Covidien Launches New Line of CPAPs TriCenturion Posts Denial Rates for Negative Pressure Wound Therapy Internet Sales: Turning the Tables from Foe to Friend Standards No. 7 and 9: What the Changes Could Mean for You Coming Up For more industry news, features and highlights from our latest issue, please visit our Web site at www.homecaremag.com. Headline News PAMS Study Fires Up Fight Against Competitive Bidding; AAHomecare Calls for Suspension of Round One MECHANICSBURG, Pa.--A new study by two economics professors at Robert Morris University in Moon Township, Pa., blasts the underpinnings of Medicare's competitive bidding program, saying its implementation will result in "substantial market failure," at least 21,000 lost jobs and prices that spiral up instead of down. The explosive study, released last week, spurred the American Association for Homecare on Friday to send a letter to Department of Health and Human Services Secretary Michael Leavitt urging him to suspend the implementation of round one of bidding. The study also encouraged discouraged providers. "We feel it is the first glimmer of hope we have in this effort to stall round one of competitive bidding," said Chuck Blackburn, chairman of the board of directors and past president of Blackburn's Pharmacy in Tarentum, Pa. "We hope it is being sent to every member of Congress, and we hope it falls into the hands of people who will read it seriously." In their study, "The Impact of Competitive Bidding on the Market for DME," Brian O'Roark, PhD, and Stephen Foreman, PhD, JD, MPA, say CMS might see some short-term benefits from competitive bidding, such as initial price cuts and the ease of regulating fewer firms. However, they conclude, "In the long run, the bidding scheme will have traded a competitive market for a government-mandated concentrated market. As a result, we will have traded small, short-run benefits for major, long-run problems--poor public policy indeed." Commissioned by the Pennsylvania Association of Medical Suppliers, the study was two months in the making, said John Shirvinsky, executive director of PAMS. "This wasn't a study where we directed them in what to do and what to say," he said. "We just threw it out there and said, 'Tell us what you think.' They came up with ... a compelling document [that says] CMS' competitive bidding program is an anti-competitive scheme. "The competition that exists is not pricing," Shirvinsky added. "It's quality of service, proximity to the people we serve ... the elderly, people who have a difficult time getting around, people who need us for mobility purposes, people who, in some cases, need these services for life itself." But competitive bidding will not allow the quality of those services to continue, Foreman said upon the release of the study. "The limits on competition that CMS is proposing to implement will have great potential to produce higher prices and lower service quality," the study co-author said. "The franchise bidding process that CMS is implementing is at odds with everything that we know about markets, efficiency and incentives. We should be encouraging added competition in the market, not limiting it. Limits on competition like those proposed by CMS rarely, if ever, make consumers better off." Study Refutes CMS Claims
The study, however, refutes those claims, arguing that: --Basic economic theory and experience hold that when competition in the market is reduced, prices ultimately escalate. "CMS claims that increased market intervention in DME will produce 'savings.' This contention flies in the face of decades of study, empirical observation and economic theory. Market deregulation--not increased regulation--is more likely to create cost savings, which will lower prices," the study says. --There is no evidence that competitive bidding will eliminate fraud "or, for that matter, that the level of any existing fraud justifies the increased costs and inefficiency that will occur when the remaining DME suppliers are given market power." --The market will be severely compromised. "Artificial limits on supply will produce artificial shortages and access problems in the intermediate run (five to 20 years)," according to the study. Authors O'Roark and Foreman also predict that a minimum of 21,000 jobs would be lost because of competitive bidding. "The disruption will be significant, inefficient and unnecessary," they say. In addition, the study questions why CMS believes the Medicare rates for DME are too high. "It is strange why CMS has determined that there is a problem with DME spending when CMS fixes DME price[s]," O'Roark and Foreman say in a footnote. As well, the pair question why CMS is targeting home medical equipment at all. DME comprises only 1.3 percent, or $24 billion, of CMS' nearly $2 trillion Medicare budget, they note. DME spending increases averaged 4.4 percent during the past five years, while hospital and physician care grew by 8 percent and prescription drugs by 11 percent. "Based on these figures, a case could be made that spending for medical equipment and supplies in the U.S. is not a problem at all," Foreman and O'Roark say, adding: "CMS would be better advised to concentrate on rapidly escalating costs for administration of health insurance, for hospital care, for physician care and for prescription drugs rather than exerting resources and political capital on such a small part of the health care cost equation." Tanner-Hobson Bill Goes Down
CMS is expected to announce winning bidders for round one shortly, and word on Capitol Hill is that chances for the industry-backed Tanner-Hobson bill (H.R. 1845) have evaporated. The bill sought, among other things, to allow "any will provider"--or all qualified providers who submitted a bid--to continue doing Medicare business at the bid rate. Therein lies the problem, said Michael Reinemer, AAHomecare's vice president, communications and policy, because the provision resulted in "a very high score," or estimated cost, for the bill from the Congressional Budget Office. With no wiggle room for Congress, which is squirming under a "pay-as-you-go" mandate, any additional costs to Medicare would have to be funded--and funding is already in short supply. "The reality is that people on the Hill say it is not likely the bill will go anywhere in this budget environment," Reinemer said Friday. "We are trying to see what we can take from the Tanner-Hobson bill and will ask Secretary Leavitt to suspend round one until many of these issues can be resolved," he added, noting the association is working with industry supporters in Congress to salvage what it can from the proposed legislation. Meantime, advocates hope the new study will give attendees at AAHomecare's Legislative Conference, scheduled March 4-6 in Washington, a boost in talking with legislators about the situation when they visit congressional offices. "This study provides the support needed to help members of Congress see the potential harm competitive bidding will cause," said Wayne Stanfield, president and CEO of the National Association of Independent Medical Equipment Suppliers, which, in tandem with AAHomecare, The MED Group and VGM Group, is spearheading a grassroots effort against competitive bidding set to culminate at the conference. Shirvinsky is hoping every industry stakeholder attending the annual lobbying event will be armed with copies of the study to hand out to lawmakers. "We think it is critically important for Congress to take a look at this study, because the rosy projections of savings unending in the future are wrong," he said. "We have to really get people thinking about the long-term effects of competitive bidding," added Blackburn. "It will backfire on the whole health care delivery system." Just a Bad Deal
"The report released by Robert Morris University today adds a mounting body of evidence that indicates CMS' competitive bidding program is a bad idea for small medical equipment suppliers and the patients they serve," Altmire said in a statement. Altmire, who convened a congressional hearing on the competitive bidding program and its effects on small business in October, said he was very concerned that small providers would be forced to close, throwing thousands of people out of work, "and countless patients will no longer be able to receive quality, personalized service close to home." In short, stakeholders said, the study lays out competitive bidding for what it is: a bad deal. "We think this thing needs to be repealed," Shirvinsky said bluntly. "It bodes ill for the Medicare program, it bodes ill for the Medicare beneficiaries who need the products and services we provide." For a copy of the study, visit the PAMS Web site at www.pamsonline.org. AAHomecare's letter requesting suspension of the bidding program, addressed to HHS Secretary Leavitt and copied to CMS Acting Administrator Kerry Weems, follows in its entirety: Dear Secretary Leavitt: On behalf of the American Association for Homecare, I would like to share with you a recently released study (attached) on the Medicare Durable Medical Equipment Prosthetics, Orthotics and Supplies (DMEPOS) competitive bidding program. This study calls into question the fundamental underpinnings of this program. On the basis of this study and for the same reasons that we have questioned since its roll-out (impact on quality of care and access to care), the Association urges the Centers for Medicare and Medicaid Services (CMS) to suspend the implementation of round one of the Medicare competitive bidding program. We think the Agency should be required to evaluate the principles and conclusions of this report and again consider whether competitive bidding is in the long-term interests of Medicare, its beneficiaries and taxpayers. The study, conducted by respected economists at Robert Morris University, identifies numerous flaws with the competitive bidding program that are likely to lead to serious long-term and unintended consequences. While the Medicare DMEPOS competitive bidding program attempts to inject free-market efficiency and competitive principles into the Medicare durable medical equipment benefit, the report finds that the program will have exactly the opposite effect. Rather than encourage competition and improve quality of care over the longer term, the study finds that the program will lead to market concentration, less competition as well as significant job loss--each threatening the quality of care provided to Medicare beneficiaries. While we recognize that the competitive bidding program is likely to result in short-term cost savings to the Medicare program, the report indicates that these short-term savings will be more than offset by long-term cost increases as the marketplace is concentrated in the hands of a few. Remaining suppliers will produce reduced market efficiencies, insurmountable artificial barriers to entry will be created, and the incentive for durable medical equipment manufacturers to seek innovations that reduce costs and improve quality of life will be tremendously dampened. As our economy teeters on the brink of a recession and the federal government looks for long-term solutions to rapidly increasing health care costs, we believe that this program will only exacerbate these problems and harm Medicare beneficiaries who are prescribed home medical equipment. Therefore, we call on CMS to suspend the implementation of round one. These issues raised in the report need to be examined and analyzed by health care experts and industry experts on the Medicare Program Advisory and Oversight Committee. Sincerely,
Which of CMS' recently proposed supplier standards would be the most problematic for your company? To vote in HomeCare's monthly Web poll, visit www.homecaremag.com. Fast Grassroots Action Stalls Surety Bond Legislation WASHINGTON--In yet another close call for the industry, HME providers can breathe a sigh of relief as, at least for the moment, a recently proposed $500,000 surety bond requirement for Medicare has been taken off the table. Initially proposed to deter fraud and abuse, Senate Bill 2603, the "Medicare Fraud Prevention Act of 2008," was introduced Feb. 7. Among its provisions, the bill included increases in civil and criminal fines for fraud and also upped a surety bond requirement for providers to $500,000. The bill was introduced by Sen. Mel Martinez, R-Fla., and cosponsored by Sens. John Cornyn, R-Texas; Norm Coleman, R-Minn.; Lamar Alexander, R-Tenn.; David Vitter, R-La.; and Jim DeMint, R-S.C. But after receiving an influx of calls and emails from industry groups saying the measure would cause undue hardships on small providers, several of the senators quickly said they would reconsider. According to the American Association for Homecare, insurance experts said a $500,000 surety bond would cost providers between $10,000 and $20,000, in addition to putting up collateral to back the half-million-dollar bond. "The original surety bond [$50,000 in 1997] put forth by Congress has never been implemented. Now they're trying to implement it without ever having seen the effects of the $50,000 bond, and Congress is trying to increase it 10-fold," said Walt Gorski, the association's vice president of government affairs. A section of the Balanced Budget Act of 1997 requires a $50,000 surety bond for DME providers as a deterrent to fraud and abuse. However, the government never implemented the requirement, and in July of last year, CMS proposed a $65,000 bond be required. The agency said that amount was an inflation-adjusted figure from the $50,000 amount included in the 1997 Act. (See HomeCare Monday, July 30, 2007.) "The surety bond is supposed to eliminate 15,000 suppliers simply because those suppliers are so small they will make a decision not to continue with Medicare enrollment," Gorski continued. "More importantly, though, is that CMS has been clever to craft this surety bond proposal as a claims payment tool. The surety bond can be tapped before the supplier has exhausted all of his or her appeals for a denied claim. "In addition ... one of the most onerous things is that while the bond in and of itself is not likely to put a supplier primarily engaged in HME out of business, it is the cumulative effect of these regulatory proposals on suppliers--reimbursement cuts, new standards and qualifications, competitive bidding--[that will put providers out of business]. In short, it's death by a thousand cuts." Following the senators' decision to rethink the bill, AAHomecare issued a statement thanking Rose Schafhauser, executive director of the Midwest Association of Medical Equipment Services, and Heather Allan, executive director of the Florida Association for Medical Equipment Services, for rallying support against the measure. After hearing the senators would not push the surety bond, Schafhauser commended MAMES members for their numerous calls and emails to Congress: "This is the perfect example of the impact of grassroots efforts. You are making a difference!" she said. According to Gorski, "This shows that we can be listened to on Capitol Hill. We should view this as a victory that our efforts on Capitol Hill and with CMS do pay off." But he also said the industry cannot take its achievement for granted. "I believe this issue will come up again," Gorski said. "The desire to take action on fraud is very great on Capitol Hill. It is our job to work with lawmakers and try to point them in the direction of what we think is effective." Accreditation Needs Push, CMS Says BALTIMORE--During an Open Door Forum on Wednesday, CMS' Sandra Bastinelli once again issued a warning to HME providers: Get on the ball to get accredited--or get left behind. Those hoping to bid in round two of competitive bidding need to contact an accrediting body and get the process in motion, she said. "They are not besieged with new applications, which is not a good sign," Bastinelli said of the accrediting agencies. "You don't need to wait for any deadline announcement [to get the ball rolling]." And with round two fast approaching, accreditation experts are also encouraging providers not to wait. "Since they released the drop-dead date, we definitely have seen an increase [in providers applying for accreditation]. That's across the board. And they're coming in from across the country," said Sandra Canally, president of The Compliance Team, one of CMS' 10 approved accrediting bodies. "But that being said, [the volume of applications] is nowhere near where it needs to be now that the 70 MSAs have been announced." Providers who continue to wait, according to Canally, run the risk of long lead times that could translate into missing CMS' deadline for round two bidders, or even its mandatory accreditation deadline for all providers in September 2009. Canally estimates that nearly 100,000 providers will need to be accredited, and if they all wait until the last minute, "it'll be like trying to put 50 pounds of flour in a 10-pound bag." But some are holding out hopes for the next few months. Consultant Mary Ellen Conway, president of Capital Healthcare Group of Bethesda, Md., said CMS may be speaking too soon. "It takes a provider four to six months to become accredited. So if it takes them four to six months, I don't know why [CMS] thinks a month [after the drop-dead date was announced] there would be this deluge. It takes two or three months for those applications to get processed. I expect to see the deluge this spring." Tom Cesar, president of the Accreditation Commission for Health Care, agreed, and said ACHC has seen a measurable increase since the deadline announcement. According to Cesar, January was the largest selling month for the organization's manuals--more than 100 were sold--and last month also saw 47 companies apply for accreditation. Thus far in February, Cesar said ACHC has already sold more than 70 manuals. But despite the upswing, Cesar also said the time for action is now. "The industry has known that CMS has not backed off on this requirement. The final date is September 2009, but you have to plan for it. Allow at least six months for the process. Then, hopefully, there won't be a backlog at the end of the year." Adding to the crunch, CMS has posted proposed revisions to its accreditation quality standards, which are currently under a 30-day public comment period. "We are not opening all the standards up," Bastinelli said at the Open Door. "We are only taking public comments on those that are underlined [in the document]." While experts said most of the changes will not have an overwhelming impact, there are a few that merit attention. "Probably the areas that have been hit the hardest in increases are the areas of orthotics and prosthetics and diabetic shoes. There are truly some detailed items [in the quality standards] that anyone doing those products needs to pay attention to," advised Canally. Specifically, the proposed change both Canally and Conway find most perplexing states that a supplier shall "verify, authenticate and document" that products are not "adulterated, counterfeit, suspected of being counterfeit, and have not been obtained by fraud or deceit." "You must verify that you're getting something from an FDA-approved place that hasn't been tampered with in any way. I don't know how you do that for medical equipment," Conway said. "I don't really know what [CMS'] expectation is there." Canally said she is also unsure about this revision. "Unless [providers] are dealing with some less-than-reputable manufacturer or wholesaler, that would be the only thing I would question," she said, noting, "these are interesting add-ons." Canally said industry response will be vital in shaping the outcome of the revisions. "I encourage people to [comment]. That's how we got results before," she said. "Everybody needs to look at this and see how it affects their business." The deadline to submit comments is March 18, 2008. For a PDF of the proposed revisions to CMS' accreditation quality standards, click here. For guidelines on how to submit comments, which will be accepted only electronically or by mail, click here. Open Door Call Reveals Little More on NCB BALTIMORE--Home medical equipment providers seeking concrete answers to questions about national competitive bidding got little help from CMS during an Open Door call for home health, hospice and durable medical equipment providers on Wednesday. HME providers, particularly those in the 10 MSAs in the first round of bidding, have been wondering when CMS would reveal the bid winners. But Joel Kaiser, deputy director of DMEPOS policy for CMS, said he had no dates for when that announcement would come. "We are nearing the end of evaluation of bids submitted under the first round, and we will begin offering contracts associated with those bids in the very near future," he said in an update. Kaiser also could not give an exact date when the ZIP codes would be released for the 70 MSAs included in round two. "The actual areas will be furnished in the spring of 2008," he said, "so sometime in the next couple of months." In other tidbits from the call: --CMS' Sandra Bastinelli urged providers to begin the accreditation
process, and noted the agency's posting of proposed revisions to
portions of the accreditation quality standards. (See "Accreditation
Needs Push, CMS Says" in this issue.)
During the teleconference, HME providers weren't the only ones having difficulty getting answers. Callers from the home health and hospice sectors were repeatedly asked to e-mail their questions to someone at CMS for an answer. Some 377 health care providers dialed in to the call. The next Open Door call will be held on Wednesday, April 2. Covidien Launches New Line of CPAPs BOULDER, Colo.--In the first of what will be a family of products, Covidien has introduced a CPAP device with a fully integrated heated humidifier. The Boulder, Colo.-based company, which until last year was the Tyco Healthcare arm of Tyco International, said it has created "a global sleep initiative to unite research, diagnosis and therapy resources to improve patient care to treat obstructive sleep apnea and related sleep-disordered breathing conditions." The 2.65-pound Sandman Intro CPAP is the first device under the new initiative. "The goal in developing this product was to improve the nighttime breathing comfort of patients with [OSA]--which we know to be an increasingly common and serious condition--and to accomplish this with a device that is as easy to use as it is unobtrusive," said Andy Ray, vice president and general manager of the sleep and oxygen division. CPAP users often prefer humidification because it warms and humidifies the air delivered by the CPAP and reduces upper airway dryness, improving patient comfort, Covidien officials said. The Sandman's humidification feature also has HumidControl, which works to ensure a consistent temperature difference between the water in the chamber and the ambient air. That minimizes condensation in the tubing and keeps the humidification level constant, according to the company. With its small footprint--6.9 inches by 7.5 inches by 4.7 inches--the Sandman is travel-friendly, the company said, and can run on AC/DC or external battery power. It has an altitude compensation feature that automatically adjusts pressure up to 9,000 feet elevation and compensates for changes in barometric pressure, thus preserving a patient's prescribed setting, the company said. The Sandman is already available in the United States and Europe; that reach will soon be expanded globally, according to Covidien. The company previously produced the Good Night line of CPAP devices, which will continue to be serviced, a spokesman said. TriCenturion Posts Denial Rates for Negative Pressure Wound Therapy COLUMBIA, S.C.--A fourth-quarter widespread prepay review of negative pressure wound therapy claims turned up charge denial rates of 90 percent in Jurisdiction A and 61 percent in Jurisdiction B, according to TriCenturion, the DME PSC for those regions. In both instances, the reviews were sparked by high 2006 CDRs for claims using HCPCS E2402, 75.5 percent in Jurisdiction A and 83.72 percent in Jurisdiction B. Jurisdiction A saw an increase in the fourth quarter CDR from the third quarter CDR of 85.06 percent. TriCenturion said 72 percent of the claims were denied because Medicare policy criteria were not met, and 18 percent were denied for non-response. In Jurisdiction B, the CDR decreased from 74.58 in the third quarter to 61.01 percent in the fourth quarter. Of those denials, 51 percent of the claims did not meet policy criteria and 17 percent were denied for non-response. Eleven percent of the claims reviewed were reopened, with a third overturned and paid, and two-thirds affirmed as denied. The DME PSC said its reviews will continue in both regions. TriCenturion reminded providers that during a widespread review, any claim billed with the appropriate HCPCS code might be selected for review. Internet Sales: Turning the Tables from Foe to Friend WASHINGTON--For years, HME has played the role of Internet ostrich, hiding its proverbial head in the sand and hoping the trend of online sales to consumers would somehow magically melt away. But with more than 200 million people--75 percent of the nation's population--currently online in the United States and the HHS Office of Inspector General actively looking at Internet pricing to gauge the future of reimbursement, providers have a choice to make--pull your head out of the sand or end up laying an egg. In a Feb. 7 American Association for Homecare teleconference, "The Internet--Friend or Foe of the HME Industry," Ben Cheah, director of sales operations for ResMed, Poway, Calif., and Ron Richard, senior vice president of sales and marketing for SeQual, San Diego, outlined several courses of action for providers who hope to step out of the shadow currently cast by low Internet pricing. According to Cheah and Richard, data show that now more than ever, patients are turning to the Internet to research diagnoses and treatment offers. HME providers who do not therefore distinguish themselves from their competitors are likely to be bypassed based exclusively on price. "These localized and regional payers will go on the Internet for pricing and then try to approach HME companies to receive products at the same rates as can be found on the Internet," Richard explained. But there are steps HME companies can take to protect themselves from Internet low-ballers. "One of the most important things you can do [to differentiate your business] is voice the importance of the services you provide," advised Cheah, who also touts the profitability of research. "Go online and look at the [competitor's] product prices of the things you sell," he said. Among the many pitfalls of Internet sales, Cheah and Richard noted the following: --Medical devices are not "out-of-the-box" consumer products, meaning
a consumer cannot just open the equipment and be fully prepared to
understand and operate it.
And while many in the industry have pointed out these facts to the OIG, its findings that billing at the "median Internet price would save Medicare $39 million in the first quarter of 2008" and that "data available through the Internet shows most oxygen equipment can be purchased for $1,000 or less" have been used as a powerful tool against the industry. Such findings have already proven detrimental to HME providers, as evidenced by reimbursement reductions by privatized insurance in Buffalo, N.Y., where CPAP devices were cut 30 percent, and in Virginia, where they were reduced by 23 percent. So what can HME providers do to make a positive impact on the Internet pricing fight? Cheah and Richard advise the following steps: --Educate payers and patients on the value of the services you
provide and, in the case of payers, request reimbursement based on that
value. "Home care providers need to do really good documentation on what
services they are providing to prove that what they are getting paid for
is the service component and not just the product," Richard said.
"It's not so much about being online as it is about understanding the role that the Internet can play in driving consumer awareness, and possibly the patient's desire to pay for something in cash or in a retail setting. That's something that HME should have a strategy to address," Cheah said. Standards No. 7 and 9: What the Changes Could Mean for You By all accounts, the effects of CMS' proposed revision and expansion of supplier standards for DMEPOS will be far-reaching. In a special series for HomeCare Monday leading up to the March 25 deadline for comments, health care attorney Neil B. Caesar, president of the Health Law Center, Greenville, S.C., will help provide clarification and insight on several provisions of the draft rule. This week, Caesar's comments are directed to an expansion of existing standard No. 7 dealing with physical facilities and signage, and to standard No. 9 regarding the business telephone. Standard No. 7 currently requires that a provider maintain a physical facility at an appropriate location and that the facility contain space for storing various types of business records. CMS proposes several revisions to this standard. First, the agency wants to require that suppliers maintain business records for seven years after the claim has been paid. This requirement is not necessarily burdensome, but it does suggest that suppliers need a formal, well-organized system for records storage and access. The second revision requires the supplier location to be accessible to beneficiaries and CMS during posted business hours. Further, there must be a sign identifying the company that is permanent and durable, and that is visible at the main entrance to the public including customers using wheelchairs. CMS states that a supplier whose business is located within a building complex must have its sign visible at the main entrance. This latter requirement could be a problem for providers in multiple-tenant buildings because landlords often have strict signage rules that may conflict with CMS' proposed revision. CMS also clarifies that the business must be staffed during the posted hours of operation, regardless of whether visitors are coming. This is not problematic on its own. But in combination with [a new standard CMS has proposed that] requires suppliers to be open a minimum of 30 business hours weekly, this standard may severely limit the ability of one- or two-person HME companies to staff the office and handle deliveries within a normal business week. CMS also clarifies that these proposed revisions apply to "closed door" companies "such as pharmacies, or suppliers providing services only to beneficiaries residing in a nursing home." Under this standard revision, CMS is also seeking comments about whether to impose a minimum square footage requirement. Again, such a requirement raises questions of fairness for small suppliers and closed-door companies. CMS emphasized in its comments a supplier that is not open during posted hours when NSC inspectors arrive will have its supplier number yanked. It is unclear whether CMS would take this strict approach after only one missed visit, but this newly emphasized strictness is reiterated in CMS' comments about standard No. 8, which deals with on-site inspections and accessibility. CMS' proposed revision to standard No. 9 deals with the business telephone. It currently requires that a supplier maintain a business phone under the business' name for use by beneficiaries. The standard currently emphasizes that a supplier may not use alternate means of communication as the primary business telephone, such as beepers, answering services, pagers, fax machines, car phones or answering machines. CMS now proposes to revise this standard to exclude cell phones and beepers altogether as a method of receiving calls, and further seeks to prohibit all "call forwarding" from beneficiaries or the public to a cell phone or beeper during posted hours of operation. Apparently, such call forwarding would be allowed outside of posted hours. This new requirement tracks CMS' seeming insensitivity to small suppliers, which is reflected throughout these proposed revisions, because it makes it quite difficult for a supplier to make deliveries during business hours while still remaining accessible to the public. Clearly, CMS' intent reflected in these standards is that every supplier should operate like a retail shop. Someone should always be sitting behind the counter answering the telephone and awaiting visitors. In one- or two-man operations, deliveries, etc., may have to wait until the close of business. In light of the primary focus of Medicare HME providers on servicing customers who cannot easily and routinely visit their stores, this emphasis on the retail location may be excessive. To view the proposed supplier standards rule, click here. Comments on the proposed supplier standards are due March 25, 2008. Comments may be submitted online at http://www.regulations.gov. Follow the instructions under the "Comment or Submission" tab and enter the file code CMS-6036-P. Coming Up The National Sleep Foundation will kick off National Sleep Awareness Week March 3-9 in Washington. For more information, click here. The American Association for Homecare Legislative Conference will be held in Washington March 4-6. For more information, visit www.aahomecare.org or call (703) 535-1887. The VGM Group continues its Competitive Bidding Seminar Series on March 4 in San Jose, Calif. For information on additional dates and locations, visit www.vgm.com or call (319) 274-6509. The International Seating Symposium will be held in Vancouver, B.C., March 5-8. For more information, call (877) 328-7744 or visit www.interprofessional.ubc.ca/. The National Home Infusion Association will host its Annual Conference and Exposition in Phoenix, Ariz., March 9-12. For more information, call (703) 549-3740 or visit www.nhianet.org. The California Association of Medical Product Suppliers (CAMPS) will hold its Annual Convention in Cabazon, Calif., March 12-13. For more information, call (916) 443-2115 or visit www.campsone.org. The American Pharmacists Association (AMA) will hold its Annual Meeting and Expo in San Diego, Calif., March 14-17. For more information, call (202) 628-4410 or visit www.aphameeting.org. The Nevada Association of Medical Products Suppliers (NAMPS) will meet in Henderson, Nev., on March 19. For more information, call (702) 294-6680 or visit www.namps.org. The Illinois Homecare Council will host its Annual Conference and Exposition in Oak Brook, Ill., March 26-28. For more information, call (217) 753-4422 or visit at www.ilhomecare.org. Bargmann Management will present a Medicare Modernization Act and Accreditation seminar in Akron, Ohio, March 27. For more information, call (866) 633-9291. The Tennessee Association for Home Care (TAHC) will hold its Spring Conference in Franklin, Tenn., March 29-April 2. For more information, call (615) 885-3399 or visit at www.tahc-net.org. The American Physical Therapy Association (APTA) will hold its Federal Government Affairs Forum in Washington March 30-April 1. For more information, call (800) 999-2782 or visit www.apta.org. The Weeks Group will present its one-day workshop "Developing a Bid You Can Live With" in six locations around the country during the month of April. The series will begin April 1 in Atlanta. For additional dates and locations, visit www.weeksgroup.com or call (321) 752-4514. To revisit this news any time during the week, go to www.homecaremonday.com. ADVERTISEMENT |
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