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March 10, 2008 Volume 14, Issue 10


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AAHomecare and RemitDATA are proud to announce the 2008 Reimbursement Conference at Medtrade Spring. Several industry experts (Jane Bunch, Bruce Brothis, Sarah Hanna, David & Lisa Bargmann) will offer tips on maximizing your reimbursement potential and will provide at new reimbursement strategies, coding requirements and best practices in the HME industry. Join us Tuesday, May 6, 2008 from 8:00-12:00 at the Long Beach Convention Center in Long Beach, Calif. Visit www.aahomecare.org or call Kim Kianka at 703-535-1887 or email moreinfo@remitdata.com for more information.

Headline News
CMS' Wilson: Competitive Bidding to be Implemented as Scheduled
WASHINGTON--As HME advocates gathered in the nation's capital last week to push for a delay of competitive bidding, a CMS official said the agency plans to move forward with the first two rounds of the program as scheduled.

"We have a legislative mandate, and we're not going to approach it and plan to fail. We're going to approach it and plan to succeed," CMS' Laurence Wilson, director of the agency’s Chronic Care Policy Group, told some 350 attendees--a record turnout--at the American Association for Homecare’s Legislative Conference on Tuesday. "We will move forward with the program and watch very closely to see if adjustments need to be made."

While the law does provide some "wiggle room" to adjust implementation dates, Wilson said round-one contracts will be enforced beginning July 1 and noted CMS does not anticipate the major delays the industry is hoping for.

While Wilson promoted competitive bidding as a way to set more accurate prices, a number of conference attendees expressed concern during a Q&A session after his presentation that the bidding program will put providers out of business and that CMS will not have time to evaluate the effects of round one before moving on to round two.

"This is bad public policy," said Tom Ryan, president and CEO of Farmingdale, N.Y-based Homecare Concepts. "We're moving too fast with this program ... I’ve been in business for 20 years. I want to make it to 25.”

The agency is evaluating round one in stages, Wilson explained, and has already identified some areas that need improvement, including boosting supplier education, streamlining financial documentation requirements and upgrading the bidding software, which caused major headaches for bidders in the first round.

After round one begins, DME contractors will survey beneficiaries on whether or not they received the right products and if their needs were met, he said. CMS also will monitor call centers to become familiar with the problems beneficiaries and providers are experiencing.

"There are a lot of things we haven't gotten to yet. We hope to learn from round one and apply those lessons to round two," Wilson said. "I know it's not a popular program, but it's the program we have to work with, and we want it to work as smoothly as possible and be a success."

Contract suppliers for round one should be announced in April, he said, adding that an official timeline, exact Zip codes and products for round-two implementation should be released in the next "weeks or months."

Wilson also said CMS is looking "very closely" at implementing prices set under competitive bidding in non-bid areas. A round three of competitive bidding also is a possibility, he said.

In response to questions asked during the session, Wilson also:

--Said if a supplier won't accept the median bid, the contract will be offered to the next supplier. When a provider in the audience asked what would happen if suppliers keep rejecting the contracts, he said, "If we cannot meet demand, we can't have competitive bidding for that product."

--Expressed interest in a recently published study that analyzes the competitive bidding demonstration projects in Polk County, Fla., and San Antonio. (Authored by Brett Katzman, PhD, associate professor of economics at Kennesaw State University near Atlanta, and Kerry Anne McGeary, PhD, associate professor of economics at Drexel University in Philadelphia, the study concludes that CMS' format for competitive bidding is fatally flawed and, in many instances, results in higher prices and poorer quality of service.)

While Wilson said the agency would not give much credence to a Robert Morris University study that looks at the current bidding program because it was industry-commissioned, he said he's interested in reading the study on the demonstration projects because it is peer-reviewed and has been published in a journal.

--Said CMS is not required to protect small businesses under the Medicare Modernization Act; the agency is only required to make sure small suppliers are included in the program. "At the end of the day, this is a program that picks winners and losers. Some are small and some are big." Wilson also could not offer a percentage of providers who will win or lose out of those who placed bids.

--Announced that CMS plans to hold a PAOC meeting early this summer to get further feedback on the program.


Do you think CMS’ proposed changes to the supplier standards for Medicare DMEPOS enrollment will prevent fraudulent operators from entering the business? To vote in HomeCare’s monthly Web poll, visit www.homecaremag.com.


OIG Fraud Report Hits Just Days Before Industry Takes to Capitol Hill
WASHINGTON--Once again, stories of DME fraud and abuse showed up in headline news last week following the release of a report by the HHS Office of Inspector General, which found that, in Los Angeles County alone, 115 of 905 suppliers (13 percent) did not maintain physical facilities or were not open during unannounced site visits.

The report, released just days before the industry took to Capitol Hill during AAHomecare's Washington Legislative Conference Thursday, was reported by The Associated Press and also detailed in a March 3 story in the Los Angeles Times. It added to the string of negative press reports on fraud in the industry, which has received recent drubbings from the New York Times, National Public Radio and "NBC Nightly News with Brian Williams." (See HomeCare Monday, Dec. 17, 2007.)

But while the mainstream press continues to focus on fraud, HME advocates are asking tougher questions, namely "Why are the good providers never recognized?" and "Where was the National Supplier Clearinghouse in all of this?"

"The frustration we have as an industry is where was the NSC for all of these years?" questioned consultant Mary Ellen Conway, president of Capital Healthcare Group, Bethesda, Md. "You get your Medicare supplier number from the NSC, and they are required to pay a site visit and ensure you are a legitimate business--so where have they been?"

John Gallagher, vice president of government relations for Waterloo, Iowa-based VGM Group, echoed similar questions about the NSC's role in preventing fraud, and wondered why it is that fraud reports always seem to surface when the industry is taking steps toward action.

"It is not by coincidence that this story comes out at this time," Gallagher said. "You may recall last year prior to [Congress'] vote on the 'doc fix' that a fraud story came out at that time. Each time when crucial activity is happening on the Hill and DME is in the sights by Congress for offset [funding], out comes a fraud-and-abuse story in some paper with no names, just sources from HHS or CMS or 'congressional staff.'"

Wayne Stanfield, president and CEO of the National Association of Independent Medical Equipment Suppliers (NAIMES), responded with a letter to LA Times writer Molly Hennessy-Fiske outlining the industry's position. In the letter, Stanfield states:

"While we totally support any actions to rid the industry of fraud and abuse in any form, it is the criminals such as you talk about that tarnish the good name of the tens of thousands of quality suppliers.

"The piece of the puzzle left out of your article is that NO company can bill Medicare for anything until Medicare and their contractors approved them and issues the suppliers numbers allowing them to bill. If there are fraudulent companies doing fraudulent billing, it is because CMS does not hold its own contractors accountable for their actions. The OIG has routinely reported problems [in] the oversight of Medicare with little results from such reports. Creating more barriers for entry will not resolve the problem, but enforcement of the existing standards and policy will.

"The timing of articles such as yours always seems coincide with efforts by the true suppliers, caring for the millions of Medicare beneficiaries, to raise awareness and affect change to policy through lobby efforts. This article just happens to precede the industry Legislative Conference in Washington this week."

While coverage of the OIG report was mostly negative, one quote from CMS Program Integrity Director Kimberly Brandt shows the industry's message about legitimate providers has not gone completely unheard. When asked about the fraudulent providers, Brandt told the AP, "These aren't real medical suppliers."

For its report, the OIG focused on four requirements: 1) suppliers must maintain physical facilities; 2) be accessible during business hours; 3) have visible signs; and 4) post hours of operation. Suppliers' billing patterns also were analyzed.

The report stated 30 of the investigated suppliers did not maintain physical facilities, and 85 were not accessible during business hours. The OIG said Medicare allowed $21 million in the 12 months beginning July 1, 2006, for these suppliers' claims.

In addition to the findings on vacant facilities and unmanned offices, another 79 suppliers (9 percent) were open but did not meet at least one of the two additional requirements: 78 suppliers did not post hours of operation, and five suppliers did not post signs indicating a business name. Four suppliers did not meet either requirement.

An additional 124 suppliers (14 percent) met the requirements, but the OIG noted their claims had in common an "atypical" characteristic: More than half of the Medicare beneficiaries for these companies did not receive other Medicare services (such as an office visit) from the ordering physician within a six-month period preceding the claim.

Even though CMS is requiring all DMEPOS suppliers in the Los Angeles and South Florida areas to re-enroll with the NSC as part of a two-year anti-fraud demonstration, both Conway and AAHomecare Vice President Michael Reinemer said the recent report findings mean that California can expect a deluge of scrutiny in the future.

"There has been a serious, well-known fraud problem in Los Angeles where criminals have posed as legitimate DME providers, so this story about the OIG action is no surprise," Reinemer explained. "Similar steps have been taken in South Florida."

"They're targeting California and South Florida as high-fraud areas," said Conway, noting that seven of the 70 MSAs selected for round two of competitive bidding are located in California. She added that findings such as those in the OIG report are what's fueling CMS' push toward new and revised supplier standards.

"This reinforces what they are trying to establish in the new supplier standards. This is why: One in eight [of the investigated companies] weren't even present for their review," she said. "Little teeny providers now have to do more because of these incidences. When someone screws up, now everyone's going to pay for the rest of the life of their business."

To read the OIG report, click here.

U.S. Health Care Spending Headed to $4.3 Trillion by 2017
WASHINGTON--U.S. spending on health care is expected to double by 2017, reaching $4.3 trillion and accounting for nearly 20 percent--$1 for every $5 spent--of the gross domestic product, according to a CMS forecast published in the journal Health Affairs.

Health care spending is expected to increase by an average of 6.7 percent annually--nearly three times the rate of inflation--over the next decade, according to the report. And estimates say health spending per person will cost about $13,101 in 2017, up from $7,026 in 2006 when spending was $2.1 trillion.

Medicare spending will increase to $844 billion in 2017 compared with $427 billion in 2007. Medicaid spending is expected to more than double from $338 billion in 2007 to $717 billion in 2017, accounting for one-sixth of U.S. health care spending by that time, the report said.

According to CMS, the increases are largely driven by higher prices and increased demands for care. Another contributing factor is the aging population.

The report said the "impact of the population aging is expected ... to have a substantial influence on the public share of spending growth, as the leading edge of the baby-boom generation becomes eligible for Medicare."

The oldest baby boomers will turn 65 and begin to enter the program in 2011.

Home health spending growth is expected to slow, although it remains one of the fastest-growing health sectors, growing at 7.7 percent annually and reaching $119 billion by 2017. Medicare and Medicaid, the primary payers in this sector, will account for 84 percent of home health care spending by 2017.

CMS said nursing home spending growth is projected to increase to 3.8 percent in 2007 and then to accelerate to 5.3 percent annually through 2017. Medicaid is expected to remain the largest payer, paying for 43 percent of all such care during the decade. According to the report, the impact of the baby-boom generation on nursing home spending is likely to be small, even at the end of the projection period, since nursing home use is highest for people age 85 and older, and the oldest baby boomers will be just 71 in 2017.

Additional report findings:

--Projected out-of-pocket spending is expected to reach $269.3 billion in 2007 with a growth rate of 5 percent. Growth in this area is expected to average 6 percent each year to reach $464.3 billion in 2017.
--Physician services and clinical services will grow at a 5.7 percent rate--up to $473 billion--in 2007. Growth rates are expected to average 5.9 percent per year, down from 6.6 percent over the past 11 years.
--Hospital spending will increase 7.5 percent in 2007, up from 7 percent in 2006. But over the next 10 years, hospital spending is expected to decrease as demand for services slows.
--Prescription drug spending will slow to 6.7 percent in 2007 from 8.5 percent in 2006. But for 2008 through 2017, spending will escalate due to a projected leveling off of growth in the generic dispensing rate and evolving treatment guidelines that call for earlier introduction of pharmacotherapy.

Acting CMS Administrator Kerry Weems said the report "reminds us that we need to accelerate our efforts to improve our health care delivery system to make sure that Medicare and Medicaid are sustainable for future generations of beneficiaries and taxpayers."

To view the report, click here.

Standards 28 and 30: 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 proposed new standards 28 and 30, which have to do with day-to-day operations.

Standard No. 28 focuses on record-keeping. It requires that certain records be maintained for seven years after a claim has been paid. The specific records that must be kept [include] all information regarding how the HME was ordered, how it was referred and who referred it, and the National Provider Identifier. This would enable CMS to track what equipment was ordered and by who, including physicians, nurse practitioners, physician assistants, clinical social workers or certified nurse midwives.

CMS contends that "all DMEPOS supplies are ordered and referred by [the above listed practitioners]." Consequently, CMS states, "we believe that it is essential that DMEPOS suppliers maintain documentation regarding the specific individual who ordered or referred a Medicare beneficiary for DMEPOS." CMS further contends that the seven-year requirement is merely "codifying" a pre-existing seven-year rule.

This requirement will have significant implications for many suppliers. The obligation to identify all information regarding the ordering and referring of the equipment--including identifying from where the orders came--is interpreted by CMS to cover notes and other data that adequately supports medical necessity for the DMEPOS item.

It would seem to be a bit of a stretch to conclude that ordering and referral documentation necessarily includes evidence supporting the coverage criteria for the items ordered. Nonetheless, that is CMS' position. This will mean that suppliers must be able to demonstrate from the records in their possession that the coverage criteria have been satisfied and medical necessity has been demonstrated. A supplier would no longer be able to seek the supporting materials after the inadequate record has been identified.

An inadequate record would now be deemed a supplier standard violation. The only exception to this rule would be equipment that was known not to be medically necessary but for which a patient signed a properly executed Advance Beneficiary Notice of possible denial.

Proposed Standard No. 30 would specify that a suppliers' business must be "open to the public a minimum of 30 hours per week, except for those DMEPOS suppliers who are working with custom-made or fitted orthotics and prosthetics."

Thirty hours per week translates into six hours per weekday of "open to the public" operations. That strongly suggests very small suppliers would be unable to maintain this schedule plus handle deliveries, repairs and off-premises warehousing duties within a normal workweek. Further, for such suppliers, the new rule would mean off-premises activities such as deliveries would need to be conducted early in the morning or in the early evening.

CMS' rationale for this rule is strange. The agency first proposes that the rule makes sense because some providers "have posted business hours that are so restrictive that it makes it nearly impossible for [the NSC to conduct an] onsite visit." It is strange that CMS would choose to channel how a supplier organizes its daily activities in order to make the NSC's life more convenient.

CMS also justifies the change because "Medicare beneficiaries may not be able to find transportation during limited operating hours, [and so] the DMEPOS supplier must be open and available for periods long enough for beneficiaries to readily access their facility."

I sincerely question whether CMS' conclusion is the result of credible research, as beneficiaries should be able to work around limited hours of operation as long as they are clearly posted and consistently maintained. Probably the real reason for this proposal is CMS' belief "that most legitimate DMEPOS suppliers are open to the public for more than 40 hours per week."

From this "belief," CMS reaches its conclusion: "All legitimate DMEPOS [suppliers need] to be open a minimum of at least 30 hours per week (six hours a day for five days a week or five hours a day for six days a week) in order to attract, retain and serve Medicare beneficiaries."

This is a marked change from CMS' position of the last several years where its representatives have repeatedly stated that a supplier may have limited hours as long as they were clearly posted and honored. Further, CMS' logic ignores the needs of closed-door pharmacies and specialty suppliers who rarely, if ever, receive Medicare beneficiaries or other customers on their premises.

I believe this standard will be a proverbial "wolf in sheep's clothing" for many small suppliers.

To view the proposed standards, click here.

Electronic comments, due by March 25, can be submitted at http://www.regulations.gov. Follow the instructions under the "Comment or Submission" tab and enter the file code CMS-6036-P.

Newsmakers
AliMed, Dedham, Mass., has added Steve McIntosh to its team as the new business specialist for patient fall management. Through this hands on service initiative, McIntosh will directly assist customers with their fall management needs by providing product support.

Amoena has announced the appointment of Phillip Sporidis as general manager for Amoena USA Corp. Prior to joining the breast product maker, Sporidis was the global general manager of Cannondale’s Apparel, Footwear and Accessories division.

Cramer Decker Medical has announced the promotion of John Peterson to vice president of sales and marketing. Peterson, 37, joined the company in 2004 as director of sales.

Invacare, Elyria, Ohio, has appointed Robert K. Gudbranson senior vice president and CFO effective April 1. Most recently, Gudbranson served as vice president of strategic planning and acquisitions for Lincoln Electric Holdings in Cleveland. Prior to joining Lincoln, Gudbranson was director of business development and investor relations at Invacare. In his new role, Gudbranson, 44, will be responsible for all aspects of Invacare’s finance, treasury, internal audit, investor relations, and information technology functions. He replaces Gregory C. Thompson, who resigned as Invacare’s CFO in February to join Georgia Gulf Corp.

The government affairs department at Pride Mobility Products Corp., Exeter, Pa., has announced the addition of Julie Piriano, PT, ATP, who joins the company as director of rehab industry affairs. In her new role, Piriano will serve as an industry resource on legislative, regulatory and other issues impacting the complex rehab industry. Piriano was most recently rehab/MCO manager for Apria Healthcare. The company has also announced that Mike McCarthy, ATS, will assume the role of national sales manager for manual wheelchairs and Synergy seating products for its Quantum division. McCarthy previously worked for National Seating and Mobility in the Philadelphia market.

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


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