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Our Turn


Issue: July 2006
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Lobby With a New Twist

by Cara C. Bachenheimer, JD, and David T. Williams

NCART or AAHomecare should not plan another lobbying event without requiring each participant to sponsor the attendance of at least one consumer.

Perhaps it is time to reconsider the usefulness and effectiveness of a bunch of HME providers coming into Washington to “lobby” their representatives for a day. On May 23, 65 intrepid rehabilitation technology providers visited Capitol Hill to meet with their congressional representatives to encourage them to join Rep Ron Lewis (R-Ky) as cosponsors of HR 4994. That legislation would “carve out” high-end rehabilitation products from competitive bidding.

Five weeks later, 150 members of AAHomecare converged on our nation’s capital for their “Annual Washington fly-in.” Their main objective was to convince members of Congress of the need to cosponsor HR 5513, the bill that would repeal the oxygen provisions of the Deficit Reduction Act, and to sign on to HR 3559, the Medicare DME Access Act.

Participants in the AAHomecare event carried packets of information expressing consumer and safety concerns with new Medicare oxygen policy, as well as a variety of statistics and a chart showing that growth in Medicare expenditures on home care has paled in comparison to other health care areas.

Their counterparts from the National Coalition for Assistive and Rehab Technology (NCART) also had folders to hand to waiting legislative staff members. The packages included a copy of HR 4994, information on how focused and limited the legislation is, and information on NCART.

This year, both NCART and AAHomecare included technology fairs as part of their educational efforts. State-of-the-art products were brought in and set up in rooms where congressional staff and members could see and touch the items while talking with experts versed in the features and functionality of each item.  

However, the most persuasive feature of both “fly-ins” was the inclusion of consumers. Both organizations had a small number of people who use the featured products to bring home the point that what was being talked about was indeed life-sustaining and life-enhancing technology.

A number of consumers went on congressional visits and the impact they had was clear. When a consumer is present—especially if that consumer is a constituent—the whole tone of the conversation is different. The focus of the conversation shifts from the industry to the patient the industry serves. Abstract policy discussions are transformed into real conversations about the impact of Medicare policies on individuals, and the personal experiences of these consumers .

Three observations can and should be made from this “tale of two fly-ins”: First, NCART or AAHomecare should not plan another lobbying event without requiring each participant to sponsor the attendance of at least one consumer. Without consumer participa-tion, the practice of providers visiting congressional offices is chalked up as just another special interest group whose real agenda is preserving their own bottom line. Consumers put an unforgettable human face on a discussion that is otherwise just another meeting on a busy day.

Next, it is unreasonable to expect members of Congress and their staffs to understand the complexity of modern HME and rehab products. Technological advancements differentiate today’s equipment and services from the “commodities” that many members think it is. Bringing equipment to Capitol Hill helps to build a better understanding of the industry and the products it provides to people with genuine health care needs.

Finally, you can’t educate Congress in 1 day. About 7,000 pieces of legislation are introduced every session of Congress. As important as an issue may be to us, it is easy to understand how it can get lost in the shuffle on Capitol Hill. Therefore, the only successful strategy is to present information in small chewable bites that are repeated on a frequent (not just annual) basis. If it is to be successful, the industry needs to have a significant legislative event (lobbying by providers accompanied by consumers) at least once each calendar quarter.

Far too many providers leave the work of educating Congress to others. For the most part, it is possible to list which providers will attend these events before the first registration form is received. Out of thousands of businesses whose financial health depends on legislative action and/or changes in regulations, fewer than 250  traveled to Washington. Poor participation gives credence to those on Capitol Hill who say, “If this is such an important issue, why are we not hearing more about it?”

If the HME and rehab industries hope to prevail in Washington, there must be a concerted effort to restructure the fly-in as we know it. The number of providers who participate must increase substantially. Those providers who come should bring a consumer with them to help articulate the importance of the issues.

Cara C. Bachenheimer, JD, is vice president of government relations for Invacare Corp, Elyria, Ohio. David T. Williams is a political and legislative strategy consultant.


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