100+ and Counting for H.R. 3790

WASHINGTON — Cosponsors of H.R. 3790, the bill that would
stop DMEPOS competitive
bidding, hit 107 Friday afternoon, and its proponents intend
for that number to rise.

Meanwhile, like a ticking time bomb, CMS has already begun its
countdown to the close of the bidding window for the Round 1
do-over. The agency has sent reminders that bids must be submitted
by 9 p.m. ET on Dec. 21. By that time, stakeholders said, they hope
to have more cosponsors for the bill.

“I think we are definitely going to get more,” said John
Gallagher, vice president of government relations for Waterloo,
Iowa-based VGM. “We wanted to get 100 by the end of the year. We’re
there. Now we’re trying to get to the 130-to-150 range.” At that
level, Gallagher said, congressional leadership begins to take
notice, although to guarantee the bill’s inclusion in a larger
health care package, “we’ll need 218.”

Introduced in October by Rep. Kendrick Meek, D-Fla., H.R. 3790
would eliminate competitive bidding, which, based on figures from
last year’s aborted Round 1, could put as many as 90 percent of
providers in the first nine MSAs out of the Medicare business. The
rebid is currently on track for implementation on Jan. 1, 2011.

Gallagher said the bill’s best chances lie in piggybacking on
one of two other measures: the “doc fix,” which would address
Medicare physician payment and which is likely to be introduced
before the end of the year; or the health care reform package, a
version of which is currently being hammered out in the Senate.

A key to making either happen, however, is getting H.R. 3790
scored by the Congressional Budget Office, he noted. Even though
the bill is designed to be budget-neutral, some legislators have
said they want to see the budget score before signing on.

“It would help our cause if we could get it scored,” Gallagher
said. “And right now, that is difficult with everything going on in
the Senate.”

Despite that, Gallagher said this is not the time for HME
advocates to be shy about contacting legislators who have not yet
signed onto the bill.

“Now is the [time for] the push,” he said in a call echoed by
the American Association for Homecare, the Accredited Medical
Equipment Providers of America, the National Association for
Independent Medical Equipment Suppliers and numerous state
associations.

The reason is that the best hope for H.R. 3790 is to get scored
and attached to something by the end of the year, before CMS can
“use the crazy bids that are going into place right now against
us,” Gallagher explained.

He and other proponents have said that, based on discussions
with providers around the country, they believe some unsustainable
low bids will be submitted. If the Meek bill doesn’t move forward
in a significant fashion before the New Year, CMS will be able to
use those low bids as ammunition to say the bill is not
budget-neutral, and the industry could be faced with taking even
more cuts to make it so, he said.

Providers simply must work to drum up more cosponsors, he said,
noting that so far, the bulk of support has come from eastern
states.

“The vast majority is coming from the East Coast,” he said.
“Colorado is making a good effort and Nevada and Arizona chipped
in. But California only has two [Meek bill supporters] and they
have 53 legislators.”

Texas is hoping to generate a huge push tomorrow (Dec. 15) with
a phone-a-thon, said Barry Johnson of the Texas Alliance of Home
Care Services. The campaign will be held from noon to 4 p.m.
CT.

Johnson said the idea grew out of VGM’s “Shut
Down the Switchboard” effort earlier this month that flooded
congressional offices with calls. “It is now time to rally our
state, which has a first-round MSA (Dallas-Ft. Worth) and one of
the largest populations of DME companies in the nation,” he said,
noting that Round 2 of competitive bidding will include six more
Texas MSAs equaling most of the state.

“We need to get our entire Texas delegation on board,” he
said.

He implored Texas providers to participate in Tuesday’s
phone-in. “We have Congress’ ear, but they want to hear from you
and your patients, doctors and employees,” he told TAHCS members in
the organization’s newsletter.

Gallagher urged providers who have contacted their legislators
once to call or email them again if they haven’t already signed on.
“Follow-up is key,” he said.

He also encouraged providers to enlist the aid of employees and
beneficiaries. Both VGM and AAHomecare have sample letters and
scripts with talking points available on their Web sites at
www.vgm.com and
www.aahomecare.org.

The need for action to garner additional support is crucial,
Gallagher said; the stakes are too high for competitive bidding to
go through.

“The Meek bill preserves access to cost-effective HME benefits
received at home, and it will save literally thousands of small HME
businesses and home care jobs that are vital in their communities,”
pointed out Tyler Wilson, AAHomecare president and CEO.

“There’s no question that competitive bidding is an
industry-changer,” added John Shirvinsky, executive director of the
Pennsylvania Association of Medical Suppliers. “So we keep on it.
That’s all we can do. Keep pushing and pounding away and hoping for
the best.”

View more competitive bidding
stories.