Features
Hobson Steps Up Again
Unfortunately, the legislative reality is, at least for now, that repeal of competitive biding for durable medical equipment is highly unlikely. But that does not mean that we cannot influence CMS administratively, nor does it mean that we cannot lobby Congress for reasonable changes that will impose rationality on a program — that most overwhelmingly agree — will not be in the best interests of the consumers we serve.
Happily, Rep. Dave Hobson, R-Ohio, long-time industry advocate on Capitol Hill and also longtime opponent of competitive bidding, has once again stepped up to the plate. Congressman Hobson is introducing a bill in the House of Representatives that would amend several sections of the Medicare Modernization Act and make a series of changes to its competitive bidding mandate. A Senate companion measure also is in the works.
At press time the bill was in draft form and subject to change, but Rep. Hobson has identified the following provisions to include in the bill:
- Quality standards
The provision would require CMS to implement the “quality standards” provision coincident with competitive bidding. While the law requires CMS to develop and implement “quality standards” (read: mandatory accreditation), the law also allows CMS to delay implementation of the quality standards if necessary. Without a level playing field, and articulated standards and requirements, suppliers cannot rationally calculate bids for products and the related services. Therefore, implementation of quality standards with competitive bidding is necessary to ensure that all bidders meet the same standards.
- Exempt rural areas from competitive bidding
The current law gives CMS the authority to exempt “rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail-order for a particular item or service.” This provision would require CMS to exempt rural areas from competitive bidding. It also would define rural areas as metropolitan statistical areas with fewer than 500,000 people.
