DMEPOS Competitive Bidding Repeal Legislation Introduced
Congressman Kendrick Meek (D-FL-17) has introduced legislation to repeal the DMEPOS competitive bidding program. H.R. 3790 would repeal Section 1847 of the Social Security Act, which authorized the competitive bidding program. It would terminate any contracts that were entered into prior to repeal. In addition, if any damages occurred because of contract termination, the damages would be paid from the Federal Supplementary Medical Insurance Trust Fund.

H.R. 3790 has been referred to the House Energy and Commerce & Ways and Means Committees. As we discussed during last week’s Products Committee meeting at the NASL Annual Meeting in Chicago, the competitive bidding repeal legislation includes an industry pay-for that is described below:

• The legislation would eliminate CPI-U updates for all DME in 2010, 2011, and 2012. The DME fee schedule also would be reduced 0.25 percent in each of these three years.

• Complex rehabilitative power wheelchairs recognized by the Secretary as classified within group 3 or higher would receive a CPI-U update in 2010, 2011 and 2012.

• In 2013, DME would receive a CPI-U update.

• In 2014, DME would receive a CPI-U update. In addition, complex rehabilitative power wheelchairs recognized by the Secretary as classified within group 3 or higher would receive a CPI-U update plus 2 percent.

• In 2015, DME would receive no CPI-U update and a 0.5 percent reduction in the fee schedule. Complex rehabilitative power wheelchairs recognized by the Secretary as classified within group 3 or higher would receive a CPI-U update.

• In 2016, annual CPI-U updates for DME would resume.
H.R. 3790 has 16 original cosponsors; these include:

Jason Altmire, D-PA
John Boccieri, D-OH
Jo Ann Emerson, R-MO
Sam Farr, D-CA
Marcia Fudge, D-OH
Alcee Hastings, D-FL
Eddie Bernice Johnson, D-TX
Ron Klein, D-FL
Dan Maffei, D-NY
John Murtha, D-PA
Tim Ryan, D-OH
Heath Shuler, D-NC
Glenn Thompson, R-PA
Patrick Tiberi, R-OH
Debbie Wasserman Schultz, D-FL
Robert Wexler, D-FL

The NASL Products Committee will be discussing this legislation, along with DME provisions in the Senate Finance Committee’s health care reform bill and an update on our efforts to resolve the date of service/date of delivery problem on an upcoming conference call. Details about the call will be sent to NASL members shortly.
 

Not a member? Contact NASL today!

Alan Peterson
Director of Government Relations
National Association for the Support of Long Term Care (NASL)
1321 Duke Street, Suite 304
Alexandria, VA 22314
(703) 549-8500 -- Voice
(703) 549-8342 -- Fax
alan@nasl.org
www.nasl.org

 

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