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Apria may owe $9 billion
Apria Healthcare Group Inc, Costa Mesa, Calif, was dealt a major blow on July 16 when the company was forced to disclose to investors that on July 12, following a review of Apria’s billing records, private attorneys working with the government informed Apria officials that the company may be liable for $4.8 billion to $9 billion under the False Claims Act.

The government investigation was related to a 1998 whistleblower litigation filed on behalf of the government and a 1998 suit by shareholders who accused the company of overstating its financial results through a scheme to defraud the government. Weiss & Yourman, a law firm representing the shareholders, was quick to seize on the government’s accusations as further proof in their case against Apria. At press time the firm reported they would file an amended complaint on July 31.

Apria is disputing the accuracy of the government’s allegations. From approximately $110,000 of allegedly deficient billings in a sample of 300 patient files, the government’s attorneys claim $103 million in total overpayments were made from 1995 to 1998. On each affected invoice (allegedly some 900,000 in number), the government could assess penalties of $5,000 to $10,000, pushing the total amount owed into the billions, Apria said in a July 16 statement.

“The sampling and extrapolation methodologies under the circumstances are statistically flawed and legally problematic,” the statement went on to say. The company believes that its total obligation to refund overpayments should be less than $10,000.

With 370 branches serving patients in 50 states and over $1 billion in annual revenues, Apria is the largest US home health care company. Jackie Goodwin, an Apria spokesperson and assistant to Philip L. Carter, Apria’s CEO, told Dealer/Provider that the company was standing by its July 16 statement, but otherwise could not comment further on the case because of the pending legal case.

The US Attorney’s Office in Los Angeles likewise declined to comment, as did Relational Investors, San Diego, which purchased 20% of Apria’s stock 21¼2 years ago and on June 8 had filed with the Securities and Exchange Commission (SEC) to sell up to 9.775 million shares of the stock.

At the time Relational Investors filed with the SEC, Apria’s stock had more than doubled in value since the company purchased it and industry analysts expected Relational Investors to make over $100 million on the sale.

However, because of the SEC-enforced waiting period, Relational Investors was unable to sell the stock before news of the government allegations came out. At press time, the stock had fallen from $27.25 a share on June 8 when Relational Investors made their announcement to $23.20 a share on July 24 despite Apria’s second quarter report, released July 18, showing that earnings per share had increased 19% to $0.31 and revenue had grown 12%.


New ABN Form Opens Door to Upgrades
Medicare beneficiaries can now apply their standard reimbursement toward the purchase of a more expensive product within the same product category without having to pay the full cost of the product up front and then wait for Medicare to reimburse them. On June 25, the Centers for Medicare and Medicaid Services approved a new Advance Beneficiary Notice (ABN) form that gives patients the option of making unlimited upgrades within product categories by simply paying the difference between the Medicare-allowed amount and the total purchase price. Industry advocates, including the American Association for Homecare, have long complained that Medicare’s former policy put HME providers in the awkward position of having to explain to patients that they had to pay cash if they wanted a product better suited to their needs, such as a lighter wheelchair or a full-electric bed rather than a manual one. A seminar on using the ABN will be conducted at MedTrade in New Orleans this October. The formal guidelines will be published in a program memorandum in January 2002, but informal guidelines are available in a downloadable PDF format on Invacare’s Web site at www.invacare.com.

State Watch
Oregon.gif (1397 bytes)Oregon — Home care service and equipment providers fed up with waiting for insurers to either accept or deny claims may get a helping hand from Gov John A. Kitzhaber, MD. The governor is expected to sign Senate Bill 894 into law. Once passed, it would require insurers to either ask for more information or disclose if they will pay a claim within 30 days of receipt of the claim. Insurers who request more information also have only 30 additional days to decide if they will pay or deny the claim.

stateCalifornia — The US Department of Health and Human Services (HHS) approved a California plan to extend the Medi-Cal coverage period to a full year for all children approved for coverage, regardless of changes in family circumstance. The change will result in an additional 390,000 children under age 19 remaining eligible each month and bring total Medi-Cal enrollment to almost 6 million for 2001-2002.

stateAlabama — The Alabama DME Association elected Larry Ready to chair the HME Services Providers Licensure Board on June 17 at its 2001 convention. John G. Beard, MBA/JD, CEO of Alacare Home Health and Hospice in Birmingham, will serve as vice chair. Held at the Perdido Beach Resort in Orange Beach, the conference set a record attendance with 130 providers.

stateNorth Carolina — The Commerce Committee sent the “Out of State Licensure” bill (SB 473) on to the Senate Finance Committee on June 20. From there it will go to the Senate floor where Sen A.B. Swindell will handle it. The bill requires out-of-state HME providers to obtain a permit and register annually with the board of pharmacy, just as in-state providers are required to, and has the support of the North Carolina Association for Medical Equipment Services.

stateNew York — Legislation to require licensure of HME providers did not make it through the legislative process prior to the state congressional adjournment on June 26. However, it will be reconsidered in 2002 thanks to lobbying by the New York Medical Equipment Providers.


Legislative News
Senators Circulate Letter To Stop 15% Home Care Cut
Senators Susan Collins (R-Me), Kit Bond (R-Mo), and John Kerry (D-Mass) circulated a letter for signature by all Senators in support of including language in the Medicare Reform Bill to eliminate the 15% cut in home health care funding.

Last year’s budget resolution had set aside $13 billion over 10 years to pay for the elimination of the cut. However, before the cut is really gone for good, the Senate Finance, the House Ways and Means, and the House Energy and Commerce Committees must be persuaded to report out legislation to eliminate the cut.

HHS Issues First HIPAA Compliance Guidelines
In response to the confusion surrounding the patient privacy rules in the Health Insurance Portability and Accountability Act, scheduled to go into effect April 14, 2003, HHS posted a guide to compliance at www.hhs.gov/ocr/hipaa on July 6. “This guidance is an opening step in helping physicians, health care providers, and health plans understand their obligations to patients under the rule,” says HHS Secretary Tommy G. Thompson.

DMERCs Revise O2 Policy
If you have struggled with finding independent laboratories that will do pulse oxygen testing for your Group II and Group III oxygen patients, the DMERCs may soon make it even harder. On July 20, the four Durable Medical Equipment Regional Carriers (DMERCs) released a revised oxygen testing policy that requires retesting for Group I home oxygen patients between the 61st and 90th day of coverage. Each DMERC will hold a public meeting in its region to gather comments on the policy. To review the policy, visit your DMERC’s Web site. Links to all sites are available at www.aahomecare.org. The policy will be open for comment until September 14.

PMC Testifies Before House
Excessive paperwork and the ability of the DMERCs to bypass proper regulatory process, such as public notice and comment periods when changing policies, has placed an undue burden on the power mobility industry, Brian D. Seeley, a Power Mobility Coalition board member, told the House Small Business Committee. “Without increased oversight of DMERC action from CMS, providers and suppliers will be left to navigate ever-changing policies with little opportunity for appropriate due process,” testified Seeley, who is also president of Seeley Medical Inc, Ormond Beach, Fla.

DME Providers Excluded From MERFA Protection
The Medicare Education and Fairness Regulation Act (MERFA)—S 452 and HR 868—which provides due process protections to Medicare providers, will not apply to DME providers, says Leslie Aronovitz, director of health care for the General Accounting Office in a letter to Sen Max Baucus (D-Mont) and Sen Charles Grassley (R-Iowa). AAHomecare has met with representatives of each of the key committees to request that providers be included with the MERFA protections. For complete text of the letter, visit www.gao.gov/new.items/d01802r.pdf.

CMS Updates PPS Rates
Prospective Payment System (PPS) rates will increase according to the home health basket increase for dates of service in or after October. The updated 60-day episode amount for fiscal year 2002 is $2,274.17. See the June 29 Federal Register for the complete text of the proposed increase. The notice has a 60-day comment period.


News in Brief
photoPAMS Presents Scholarship to Teen
The Pennsylvania Association of Medical Suppliers (PAMS) awarded Justin Van Wyen, a national honor student at Lampeter-Strasburg High School in Lampeter, Pa, a $1,000 scholarship. Wyen, who has cerebral palsy, uses a walker, leg orthotics, a manual wheelchair, and a motorized wheelchair to stay active in his school and community.

NRRTS Conference Coming Up
The National Registry of Rehabilitation Technology Suppliers will hold its Leadership Planning Conference on August 10-11 in St Louis. This year’s meeting focuses on marketing and legal issues.

Canton Gets New RT Company
On August 1, industry veterans Peter Falkson and Joe Sheehan launched Trusted Life Care, a 90% respiratory company in Canton, Mass. For Falkson and Sheehan, it was the completion of an 8-month research and planning process. “We are extremely proud of what we have done to date, and we are very excited about our plans for the near future,” Falkson says.

photoVGM Names New President
Ron Bendell will become president of Van G. Miller and Associates, Waterloo, Iowa, on September 1. He succeeds Tom Fitzgerald, who has been with VGM throughout its 15-year history, and was president of the member service organization since May 1, 1994.

In addition to president, Bendell will remain national sales manager and director of international sales. (800) 642-6065; www.vgm.com.

AAHomecare Picks New Director of Communications
Julie B. Phillips, former design director of Fishbowl.com, an e-mail marketing company, has assumed the role of director of communications for the American Association for Homecare, Alexandria, Va. Phillips brings over 10 years of marketing, communications, publishing, and editing experience to the job.


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