Looks like the HME services industry had a couple of wins in Wash-ington recently. Were they due to the compelling testimony presented by providers who participated in trade association fly-ins or to the fact that this is a Congressional election year and the scions on Capitol Hill are trying to please everybody? It doesn’t matter. As they say in baseball: “A win is a win even if you win ugly.”

Senators Arlen Specter (R-Pa) and Jeff Bingaman (D-NM) have introduced the Medicare Independent Living Act of 2006 (S 3667) to eliminate the “four walls of the home” provision. CMS uses this to limit Medicare payment for HME to only that necessary for beneficiaries to perform activities of daily living within the home. It is hard to say whether this piece of legislation will pass this year. However, Specter and Bingaman will be back in January and can be counted on to reintroduce the legislation in the 110th Congress.

At press time, two Senators were poised to introduce legislation similar to HR 3559, the Hobson/Tanner Bill. Hobson/Tanner has 128 cosponsors, 16 of whom signed on after the AAHomecare fly-in. HR 3559 would delay nationwide competitive bidding until CMS publishes quality standards and builds in provisions to protect small providers. It also requires CMS to publish a report on the “comparability” of MSAs selected for competitive bidding to those where the competitive bidding demonstration projects were conducted.

The number of cosponsors on HR 3559 (the majority are Republicans) may cause the leadership to move the legislation to a vote when Congress reconvenes. If it passes in the House, the two senators, who are both on the powerful Senate Finance Committee, could use their positions to include many of the provisions of this legislation in an end-of-session Conference Committee.

HR 5513, the Home Oxygen Patient Protection Act (HOPP) is also picking up steam. This bipartisan legislation would rescind the provision contained in the Deficit Reduction Act that transfers the ownership of equipment used in home oxygen therapy to the Medicare beneficiary after 3 years. This legislation has 34 cosponsors, 25 of whom signed on since June 20. If this kind of momentum continues when Congress returns, HOPP could also catch the attention of the House leadership. Once the leaders of the House get interested, anything goes.

HR 4994 now has five cosponsors, four of whom signed on after the National Coalition for Assistive and Rehab Technology (NCART) fly-in. This legislation would carve out “high-end” rehab from the competitive bidding program. Despite the small number of cosponsors, one well-positioned Representative has indicated a willingness to “see if we can’t take care of this in conference.”

It would be folly to believe that all of these initiatives will come to fruition before the 109th Congress adjourns in December. However, the industry has made many new friends on Capitol Hill and the issues it brings before Congress are being taken seriously. That having been said, there could be one or more victories to celebrate in December.

Last month we stressed the importance of involving consumers in future fly-ins. Consumers know how to make things happen on Capitol Hill. On May 24, 200 people with disabilities (more than half using wheelchairs) and advocates for their cause took part in a “march on Capitol Hill.” Their objective was to increase Congressional support for MiCASSA—the Medicaid Community Attendant Services and Support Act.

Since the march, 17 members of the House signed on to the bill, bringing the total number of cosponsors to 70. More important, organizers secured a commitment from the Speaker of the House to hold hearings on MiCASSA this fall. Although MiCASSA is unlikely to become law this session, a hearing this fall will improve the chances that MiCASSA will become law during the 110th Congress.

As you are reading this column, representatives are in their districts preparing for November’s election. No incumbent will pass up a photo opportunity or turn down an invitation to meet with you, your employees, and your customers.

Consider imitating events in which many of your customers will be participating. The National Council on Independent Living (NCIL) and ADAPT (Americans Disabled for Attendant Programs Today) have formed a partnership. They have scheduled community forums on attendant care in the districts of 26 members of Congress who are considered to be in competitive races and have yet to sign on to MiCASSA. Odds are good that these incumbents and/or appropriate staff will be present.

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