ATLANTA The fees are in, but the jury's still out when it comes to the impact competitive bidding will have on the home medical equipment industry, according

ATLANTA

The fees are in, but the jury's still out when it comes to the
impact competitive bidding will have on the home medical equipment
industry, according to stakeholders who got their first look last
month at Medicare's reimbursement rates for round one of the
program.

On March 20, CMS revealed its new allowables, with average
reductions across the 10 first-round product categories at 26
percent. The agency also said 64 percent of the winning bidders
fell into the small business category, surpassing its original 30
percent contract target for small suppliers.

According to CMS, the average savings from Medicare's current
fee schedule in each category is:

Oxygen and oxygen equipment: 27%

  • Standard power wheelchairs, scooters and related accessories:
    21%

  • Complex rehabilitative power wheelchairs and related
    accessories: 15%

  • Mail-order diabetic supplies: 43%

  • Enteral nutrients, supplies and equipment: 26%

  • Continuous Positive Airway Pressure devices, respiratory assist
    devices and related supplies and accessories: 29%

  • Hospital beds and accessories: 29%

  • Negative pressure wound therapy pumps and related supplies and
    accessories: 14%

  • Walkers and related accessories: 27%

  • Support surfaces, such as specialized mattresses to help people
    with pressure ulcers: 36%

    “We were overpaying” for many of the items now
    included in competitive bidding, CMS' Acting Administrator Kerry
    Weems told reporters at a press briefing announcing the rates.

    While Weems pegged potential savings at $1 billion a year once
    the program is in full swing, others raised serious questions about
    its impact on beneficiaries and providers.

    “The American Association for Homecare thinks the jury is
    still very much out on the question of competitive bidding and its
    impact both on beneficiary access to care and the quality of that
    care,” said Tyler Wilson, president.

    “The CMS perspective seems to be limited to focusing on
    payment cuts. After July 1 when the program is implemented, we will
    begin to get a sense of the services that contract providers may
    have had to eliminate in order to meet CMS' singular concern about
    home medical equipment pricing.”

    Even some providers that won their bids had reservations about
    what the program could mean to the industry.

    Raul Lopez's company, Bayshore Dura Medical in Miami Lakes,
    Fla., won eight of the 10 categories it bid on, losing only in
    mail-order diabetic supplies and standard power wheelchairs. But
    the president of the Florida Association of Medical Equipment
    Services still wasn't celebrating.

    “I know too many suppliers who do a good job who can't do
    Medicare business anymore,” Lopez said.

    Stakeholders also were bothered by the wide range in rates from
    area to area.

    “The disparity between MSAs is quite shocking,” said
    Miriam Lieber of Sherman Oaks, Calif.-based Lieber Consulting.

    “I think the lesson learned is you don't have to lowball.
    In Miami where the prices are much lower than in Riverside
    [Calif.], for instance, it's almost like providers played a game of
    chicken, and look what it got them. They didn't need to bid so low,
    because you see in the other areas that the prices are not nearly
    as low.”

    She also questioned whether CMS' assertion that 64 percent of
    the contracts were awarded to small businesses was really good
    news.

    “CMS is touting that 64 percent of small suppliers won
    bids, but the fact is that those who did not win are simply out of
    business,” said Lieber. “I would get back to the fact
    that, really, CMS' objective with competitive bidding was to limit
    the number of providers and to get their prices lower.”

    And those are not the only problems.

    When CMS sent out the round one contract offers to arrive March
    21, some 160 complaints from providers claiming their bids were
    disqualified due to CMS' error were reported within a matter of
    days.

    The deluge spawned action from AAHomecare, The VGM Group, the
    National Association of Independent Medical Equipment Suppliers and
    others who began contacting members of Congress as well as
    Washington legal teams including Sidley Austin and Akin &
    Gump.

    At press time, the organizations were reviewing grounds for
    potential lawsuits contesting the DMEPOS bid program.

    Others in the industry want to see CMS' math.

    In some product categories, identical prices were calculated for
    multiple bid areas, said Cara Bachenheimer, senior vice president
    of government relations for Elyria, Ohio-based Invacare.

    As an example, Bachenheimer noted in the high-end rehab
    category, 105 HCPCS codes had identical prices in two markets, 24
    codes had identical prices in three markets and 14 codes had prices
    that were identical in four markets.

    In the standard wheelchair product category, she said, 76 codes
    had identical prices in two markets and 18 codes had prices that
    were identical in three markets.

    “This is highly improbable mathematically” and
    suggests a flawed bid calculation process, Bachenheimer said.

    As the industry waits for CMS' announcement of bid winners,
    VGM's John Gallagher, vice president of government relations, said
    there could be a bright side to the problems in round one.

    “Actually, this is almost too good to be true. It
    highlights the total incompetence of CMS,” he said.
    “CMS is totally incapable of moving [competitive bidding]
    forward … It's almost like the Keystone Cops have taken over
    and rolled this thing out. They have no idea what they are
    doing.”