By the time you read this, the presidential election will be decided (or the lawyers will be hard at work sorting it out) and new members of the 109th Congress will be searching for ways to make their mark. Reelected incumbents will breathe a sigh of relief as will many HME providers who are on a first-name basis with many long-time legislators. As Cara C. Bachenheimer, JD, and David T. Williams wrote in the October 2004 Dealer/Provider, there will be no better time to invite new House members to your place of business before they go back to Washington.

Will it make a difference? Well, as Fran Williams (wife of David T. Williams) pointed out to me at this year’s Medtrade, “You can’t hit a home run if you don’t come up to bat.” After all, the Boston Red Sox kept coming to the ball park for 86 years and persistence finally paid off.

To continue the baseball analogy, Federal Employees Health Benefits Program (FEHBP) cuts (scheduled to start on January 1, 2005) have put the industry three games back and on the brink of defeat. Legislation to stave off the cuts (HR 4491) appears to have a slim chance of ever coming to a vote—despite the tireless work of industry advocates. “If nothing else, the sheer number of cosponsors (more than 100) for HR 4491 has sent a powerful message,” says John Gallagher, director of government affairs for Van G. Miller & Associates, Waterloo, Iowa. “And maybe HR 4491 will be inserted into an appropriations bill.”

The Grassroots Central “Bush or Kerry?” panel at Medtrade Orlando (moderated by VGM’s John Gallagher) sparked particular interest.

How bad will reimbursements be hurt if FEHBP cuts go through? On the question of oxygen, the General Accounting Office’s weighted average reduction in reimbursement was 15.5%. To complicate matters further, DMERCs may have to set different pricing schedules for different states.

The good news is that legislators are finally starting to listen to groups such as the American Association for Homecare, the Rehab and Assistive Technology Council, and the National Coalition for Assistive and Rehab Technology. An example of this new responsiveness is illustrated by the $55 to $64 dispensing fee that will likely accompany the average sales price (ASP) plus 6% formula for nebulizer medications (mandated by last year’s Medicare Moder-nization Act). CMS got the $55 to $64 figures courtesy of a study conducted on behalf of AAHomecare. CMS is indeed listening.

That’s a positive development and it could bode well for the industry’s efforts to stave off competitive bidding in 2007. It won’t be easy, but in my relatively short stay as editor of Dealer/Provider, I have seen a passion and commitment that should not be underestimated. To all the people I met at Medtrade, I thank you for your hospitality and time. And a special thank-you to all who participated in this year’s Grassroots Central at Medtrade. Your knowledge, time, and kindness are much appreciated.

Greg Thompson
gthompson@medpubs.com