DRA Confronted with New Challenges

Washington

The Deficit Reduction Act is facing new opposition in Congress and in court.

A House bill aims to eliminate the DRA’s controversial oxygen provision, and a third lawsuit declaring the law unconstitutional has been filed by a Michigan congressman.

Since the DRA became law Feb. 8, providers have been up in arms over a provision that caps Medicare rental of home oxygen equipment at 36 months, then transfers title to the beneficiary.

In response, Rep. Joe Schwarz, R-Mich., has introduced The Home Oxygen Patient Protection Act, which would eliminate the oxygen provision from the DRA. “This bill can help a million Americans to breathe easier,” said American Association for Homecare Chairman Tom Ryan.

Schwarz, a physician, is co-sponsoring the bill with Rep. Tom Price, R-Ga., also a physician, along with four Ohio congressmen: Reps. Ralph Regula, Patrick Tiberi, David Hobson and Tim Ryan.

And on the heels of two other lawsuits challenging its constitutionality, Rep. John Conyers Jr., D-Mich., filed a new suit against the DRA on April 28 claiming the law is unconstitutional.

Because the Constitution dictates that each congressional chamber pass bills in identical form, a legal debate emerged when the Senate and House approved different versions of the bill due to a typo in the section dealing with DME capped rental.

“Once again the administration is playing fast and loose with the Constitution. Anyone who has passed the sixth grade knows that before a bill can become a law, both houses of Congress must approve it,” Conyers said.

“That the Bush administration is now saying otherwise underscores the Constitutional crisis we are facing in this country,” he said. “Over 200 years of legal precedent dictate that such discrepancies can be handled through simply refiling the paperwork or revoting the whole bill.”