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 Mandatory Accreditation Legislation Gains Support
If the US Senate has its way, the president will soon sign into law a bill that would require all HME dealerships doing business with Medicare to be accredited—and so far, the American Association for Homecare (AAHomecare) and several accrediting organizations favor the idea.

The legislation, which was included in Section 430 of the Senate’s Medicare reform bill (S.1), was, at press time, under consideration by the joint Senate and House committee charged with resolving the differences between their respective Medicare bills. If it makes it into the final Medicare bill, which the president has pledged to sign into law, the US Secretary of Health and Human Services would select independent accrediting organizations after consulting with an expert panel of physicians, practitioners, suppliers, and manufacturers.

This expert panel also would review the standards developed by the accrediting bodies. HME providers then would have 3 years to obtain accreditation.

AAHomecare said in a position paper released in mid July that it supports the proposed legislation, but would like to see a few revisions, including

• Providing DME companies with 5 years to adapt to the regulatory requirements;

• Permitting DME companies currently accredited by approved national accreditation organizations to be “deemed” to have met the federal standards if the accrediting organizations’ standards meet or exceed what the federal government requires; and

• Including DME industry experts and specialty groups on the expert panel.

The 2003 Medicare Payment Advisory Commission report released in June accounted for approximately 50,000 Medicare providers, but the accredited number is only a fraction of that figure. Currently, the Accreditation Commission for Health Care Inc (ACHC) accredits 150 to 170 DME dealerships, and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) accredits 1,800 DME suppliers. However, JCAHO’s number could include hospice or home care.

ACHC and JCAHO say they too support mandatory accreditation and are ready for the influx of providers that would inevitably result.

“The DME world has often been criticized by Congress for not performing the way they would like them to perform, and so they are always up for cuts, which is a shame because it is the reputation of the few that seems to be impugning the multitude,” says Margaret VanAmringe, vice president for external relations at JCAHO. “I believe that to the extent that [the DME industry] can show that [it is] meeting state-of-the-art, professionally based standards, then I think that will take ammunition away from some policy makers who like to attack the DME industry.”

VanAmringe says that since the legislation would weed out organizations that could not meet accreditation requirements, providers that could make the cut would have access to the market they deserve.

Even if the legislation does not pass, Thomas E. Cesar, ACHC president/CEO, suggested dealers start thinking about accreditation. The fact that legislation exists at all shows that lawmakers are more conscious of the need for industrywide standards, he said.

“My thought is that if it doesn’t come now, it’s going to come eventually,” Cesar said.

Both Cesar and VanAmringe said providers can spread accreditation costs—ranging from $3,300 to more than $9,000, depending on the size of the business—over a series of years.

“There is a significant cost to poor quality,” VanAmringe says. “So, it’s a modest accreditation cost, but the huge benefit you get from accreditation is well worth the dollar.”


Plan for HIPAA or Else, Warns CMS
“If you are not ready to use the HIPAA standard transaction and code sets by October 16, you may not get paid!” wrote Centers for Medicare & Medicaid Services (CMS) Administrator Thomas A. Scully in a July 16 letter to Medicare providers.

The letter urged providers to act fast to schedule Health Insurance Portability and Accountability Act (HIPAA) transactions testing with a Medicare carrier or fiscal intermediary. After the October deadline, Medicare will not pay and will return claims not in compliance with HIPAA.

Scully informed providers that CMS and its contractors are “eager” to help with the transition and provided HIPAA resources—including a HIPAA hotline phone number, (866) 282-0659, and an educational Web site address, www.cms.hhs.gov/hipaa/hipaa2.

In the letter, Scully also reminded providers that the electronic standards affect transactions to all health insurers, not just Medicare. In addition, Scully clarified that after the deadline, Medicare will not accept paper bills in most cases.

“Time is growing short,” Scully wrote, “please be sure to test and start sending and receiving HIPAA-compliant transactions as early as possible to avoid any last-minute problems.”


Hammering “Home” the Industry’s Message
While it became clear in July that it would take well into the fall to resolve the vast differences between the House’s Medicare legislation (HR.1) and the Senate’s (S.1), the American Association for Homecare (AAHomecare) kept up its lobbying pressure.

Much was at risk, as there was a strong possibility the joint Senate and House committee charged with formulating a compromise bill could decide many of the provisions affecting the home health care industry before the entire legislation was finished. (See “HME Issues in the Medicare Bills” chart.)

Besides urging members to contact their legislators and ask their customers and local chambers of commerce to do the same, AAHomecare pushed the industry’s agenda at a July 15 meeting with White House staffers and at a July 17 breakfast with Senator Charles Grassley (R-Iowa), chairman of the Finance Committee and one of the sponsors of the Senate bill.

“With so much at stake for our home care patients and providers, we are pursuing every avenue and every resource available to communicate our message,” said AAHomecare President and CEO Kay Cox. “We are firing on all cannons at all times.”

To help get the message out and make it easier for everyone to contact their legislators, the Association also temporarily opened up areas of its Web site normally reserved for members-only to all Internet visitors. To take advantage of these lobbying resources, visit www.aahomecare.org/medicare-campaign.htm.

“This is an unusual time, and we have to respond with the tools that are appropriate for this time period,” Cox explained. “Right now business is not as usual, and we have to react to this with a sense of urgency.”

HME Issues in the Medicare Bills

Issue S.1 HR.1
Average Wholesale Price (AWP) Drug Pricing Drugs reimbursed at 85% of AWP in 2004, updated by the Consumer Price Index (CPI) in subsequent years to account for inflation. Secretary of the Department of Health and Human Services (HHS) can lower drug prices up to 15% more per year if survey of drug market prices indicates appropriateness. HHS can make separate payments for the administration of these drugs. No AWP pricing for nebulizer and infusion drugs. These are included under national competitive bidding instead.
CPI Payment Increases
(to account for inflation)
No CPI payment increases for 7 years for DME and off-the-shelf orthotics Annual CPI payment increases remain in place.
Supplier Standards Medicare suppliers must comply with quality standards developed by an accrediting organization chosen by HHS Secretary. 3-year implementation phase. Program Advisory and Oversight Committee consults with the HHS Secretary to develop quality standards for products that will be part of national competitive bidding
Competitive Bidding Does not include competitive bidding Requires a 3-year phase-in of competitive acquisition areas with at least one third of such areas by 2005 and two thirds by 2006. High-cost, high-utilization items competitively bid first. Areas with populations too small to ensure a competitive market and items for which costs savings would not materialize under competitive bidding are exempt. Contracts rebid every 3 years.
Source: AAHomecare Analysis of Medicare Legislation: DME Provisions. For the complete text, visit www.aahomecare.org/govrelations/dme-analysis.pdf

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