John Gallagher

For many in the DME industry, July 15, 2008, was a monumental day. The House of Repre­senta­tives voted 383-41 to override the president's veto of HR 6331, The Medicare Improvements for Patients and Providers Act of 2008. The Senate followed with a margin of 70-26, giving both chambers the two-thirds majority necessary to overturn Bush's veto and enact the Medicare package into law. Across the nation, providers rejoiced in the historic achievement that would allow for a delay in competitive bidding.

But this historic achievement could not have been achieved without the hard work of the industry coming together to form a strong grassroots effort, which was essential to gain Con­gressional support and even cham­pions of this industry. Provider Preston Stark of Tennessee-based Pro-Tech Medical is one of many providers who exemplifies the "never say never" attitude in the DME industry. Just last year, chairman of the Ways and Means Subcommittee on Health, Fortney "Pete" Stark (D-Calif) seemed less than supportive of the DME indus­try when he proposed additional cuts to both oxygen and power mobility devices in the Medicare package. In one short year, however, an apparent adversary turned into one of the industry's biggest advocates.

As a cousin of Chairman Stark, Preston contacted me and asked that I join him in a meeting with Stark. He believed that his cousin would be willing to take a look at the issues that the industry faces, and that he would also advise a direction that the industry could take. Within a few weeks, I was on a plane to DC to meet with the Congressman himself.

Along with Cara Bachenheimer, vice president of government relations for Invacare, the three of us sat down with the chairman and conveyed the issues that providers involved in the first round of the competitive bidding program were facing. After listening to our concerns, the chairman announced that he felt the program was "bad policy," and he not only wanted to "delay" the program, but also wanted to "kill" it. Stark indicated that in the government's "pay for" environment, delaying or killing the program would cost the government, and he asked if the industry would be willing to pay for it. From there, the chairman laid out his course of action.

True to his word, on May 6, only 2 weeks after our meeting, the Ways and Means Health Sub­com­mittee held a hearing on the competitive bidding program. Then on June 12, while Senators Baucus and Grassley were formulating their own versions of the doc fix, Stark introduced HR 6252, The Medicare DMEPOS Competitive Acquisition Reform Act of 2008. One week later, the language from HR 6252 was included in HR 6331, and just as Chairman Stark had wanted, the bill passed in the House first, forcing the Senate's hand.

Because one provider was willing to sacrifice his time and meet with a key Congressional member, an industry foe turned into an industry champion.

But the end is not the end. While we won a decisive battle, the war is not over. As we begin efforts to put an end to competitive bidding, we will need more providers to step up and join our efforts.

John Gallagher is vice president of government relations for the VGM Group.