AAHomecare: Non-consumable supplies policy arbitrary, vague, unworkable

AAHomecare has voiced strong concerns to CMS regarding a recent DME MAC policy change for refills of “non-consumable” DME supplies. In a letter to the Agency on Monday AAHomecare called on CMS to direct the DME MACs to rescind the policy, characterizing it as “arbitrary, vague and unworkable.”

Under the refills policy announced by the DME MACs in June, DME providers are now required to document that the non-consumable supply item for refill is “non-functional.” But the DME MACs have not given providers clear guidance on what constitutes “non-functional,” nor have they given clarity on what items this new policy applies to. Additionally, the policy is retroactive to August 2, 2011. After failing to get the DME MACs to recognize the problems with the new policy, AAHomecare took its arguments directly to CMS and urged that the policy be rescinded.

“This new rule is inconsistent with current Medicare guidelines for refills of ongoing DME supplies. It is also contrary to the local coverage determinations (LCDs) for DME items that require so-called non-consumable supplies. Finally, contractors cannot issue new rules and apply them retroactively as the DME MACs have done in this case.”

Read the full text of AAHomecare’s letter to CMS here.