Bill to Amend ‘In the Home’ Language Introduced

WASHINGTON–Bipartisan
legislation introduced in the Senate last week calls for lifting
Medicare’s controversial “in-the-home” restriction for coverage of
wheelchairs.

The Medicare
Independent Living Act of 2006 (S. 3677), introduced by Sen. Jeff
Bingaman, R-N.M., would eliminate the restriction and provide
coverage for wheelchairs used outside of the home if it is
determined that there is sufficient need due to the patient’s
medical condition.

The current
interpretation of Medicare’s in-the-home language covers devices
that assist in activities of daily living such as eating, bathing,
grooming, toileting and dressing, effectively restricting coverage
to wheelchairs used inside a beneficiary’s home.

Specifically, the bill
would amend section 1861(n) of the Social Security Act, 42 U.S.C.,
by adding that coverage would also be provided “in the case of
mobility devices required by persons with expected long-term need,
used in customary settings for the purposes of normal domestic,
vocational and community activities.”

“Wheelchairs
make it possible for otherwise homebound individuals to have the
freedom and opportunity to get around outside their homes,”
Bingaman said. “This bill allows people with disabilities to live
independently in their community, and I hope my colleagues in the
Senate support it.”

Rep. Rick
Santorum, R-Pa., the sole Republican co-sponsor of the bill, said
that he “will continue to advocate for an equitable Medicare
payment policy for power wheelchairs that ensures patient access to
these power mobility devices.”

The bill
also has six other co-sponsors–including Sens. Daniel Akaka,
D-Hawaii; Tom Harkin, D-Iowa; James Jeffords, I-Vt.; John Kerry,
D-Mass.; Joe Lieberman, D-Conn.; and Patty Murray, D-Wash.–but
advocates are hopeful about gaining additional support for the
measure and getting a companion bill in the House.

Last year,
Bingaman was one of 34 senators and 70 representatives who signed a
letter to HHS asking that the in-the-home restriction be modified
through the regulatory process. But the government said that
legislation would be required to make the appropriate changes,
prompting Bingaman to author the new bill.

Seth
Johnson, vice president for government relations at Pride Mobility
and chair of the American Association for Homecare’s Rehab and
Assistive Technology Council, said the legislation is “extremely
positive for all Americans with disabilities or mobility
impairments.”

To
view the text of S. 3677, visit http://thomas.loc.gov.