by Cara C. Bachenheimer, JD, and David T. Williams
The so-called "district work period" is the perfect time to meet with Representatives, Senators, and Congressional staffers in your home town.
Each year providers are admonished from several sources—this column included—to take advantage of the fact that their elected representatives to Congress will be home for what is known on the Congressional calendar as "the district work period." The purpose of this time is for Representatives and Senators to rub elbows with the people they represent in Washington and find out what the folks back home are thinking about, as well as what issues are important to the electorate.
The "work period" is August 2007—less than 8 months from the "go live" date for the Medicare competitive acquisition program in the
initial 10 competitive bidding areas. There is precious little time to get Congress to make critical changes to the original law (Medicare Modernization Act of 2003).
Reps John Tanner (D-Tenn) and Dave Hobson (R-Ohio) have reintroduced their bill (HR 1845) in the House of Representatives, and Sens
Kent Conrad (D-ND) and Orin Hatch (R-Utah) have reintroduced the Senate companion measure (S 1428). Make sure that your Representatives and Senators sign on to the bill as cosponsors.
What can you do? Plenty. This legislation does not stand a chance of becoming law unless providers and consumers across the country get elected representatives to express their full-throated support for HR 1845 and/or S 1428. Passage of this legislation will happen only if there is a demonstration of widespread, bipartisan support that can't be ignored by the leadership of the House, Senate,
and relevant committee chairmen.
First, let your members of Congress know how you feel about competitive bidding. By now, you should have written a letter, using one or more of the many model letters available on industry Web sites such as:
These letters must be brief and specific. If the letters do not already do so, make sure the text of the letter includes a line that specifically asks the Senator or Representative to sign on as a cosponsor of HR 1845/S 1428. A complete list of cosponsors can be found at www.aahomecare.org.
Next, take advantage of the district work period and invite your Representative or Senator (staff members are viable substitutes for busy members) to visit your place of business and meet with some of your customers—their constituents! If you can't get them to visit, go visit them or their staff in the district office (call the Washington office to get contact information). Call the district office and ask to speak with the health staff.
Remember that you, your staff members, and customers are the constituents. You are the ones who vote for (or against) these elected officials. It is your responsibility to keep these folks apprised of what you need. In this case, you need their names on the list of cosponsors for HR 1845/S 1428. Remind them that as far as you are concerned, if they are not listed as cosponsors, they do not support this crucial legislation. Make sure you describe the impact you believe that the competitive acquisition program will have on your company's ability to serve beneficiaries, and its impact on beneficiaries.
Be sure to mention that the bill you seek does not repeal competitive acquisition for DME. It simply seeks to make modest changes to the structure of the program to ensure beneficiaries' access to DME is maintained, to protect small business providers of DME, and to foster a dynamic marketplace for Medicare-reimbursed DME.
Remind them that the most innovative and cost-effective health care marketplace is one in which a large number of suppliers are competing for business. Approximately 80% of DME suppliers are small businesses that may be ill equipped to participate in the federal contracting process. Additionally, they are less likely to be able to withstand significant disruptions to their business. However, small providers are an important part of the DME marketplace and relied upon by many seniors.
Seniors are the real benefactors here. If a significant portion of small suppliers are eliminated because of the federal contracting process, competition in the marketplace will diminish, prices will increase, and quality will erode. This bill aims to prevent that.
The August 2007 district work period provides an opportunity for providers to shape the future of the industry in an unprecedented way. Are you prepared to take advantage of the opportunity?
Cara C. Bachenheimer, JD, is VP of government relations for Invacare Corp. David T. Williams is a political and legislative strategy consultant.