Noteworthy

Beneficiary Advocate Sues HHS: The New York-based Medicare Rights Center filed suit in federal court in July against the U.S. Health and Human Services Department for allegedly refusing to disclose information about a regulatory reform task force that HHS Secretary Tommy Thompson created in December 2001.

Believing the committee was biased in favor of the health care industry, MRC in January requested information from HHS on how the agency chose committee members, according to the organization's complaint.

“As currently constituted, [HHS' Advisory Committee on Regulatory Reform] largely comprises physicians and other health care providers, and their lawyers,” MRC charged in its complaint.

After receiving no response from HHS, Robert Hayes, MRC's president, in April wrote to Medicare's administrator, Tom Scully, asking for an explanation. Although Scully agreed that MRC deserved a response and said he would ask his general counsel to investigate the oversight, MRC still did not receive any information, the complaint alleged.

Consequently, MRC sued HHS, saying the agency violated the Freedom of Information Act by not releasing the documents in question.

In its complaint, MRC asked the court to order HHS to disclose the requested records, and to order HHS to pay MRC's costs and attorneys fees.

CMS Suspends Provider Bulletin to Cut Costs: After realizing that a budget shortfall could compromise vital Medicare functions, Tom Scully, administrator of the Centers for Medicare and Medicaid Services, announced plans to suspend all provider bulletin mailings for the fourth fiscal quarter of 2002. While the bulletins still will be available online, Medicare will not print and mail hard copies, a CMS spokesman told HomeCare. Instead, the agency will use the resulting $5 million to improve claims processing, he said. The Region D durable medical equipment regional carrier is encouraging DME providers to check the DMERC's Web site, www.cignamedicare.com, for Medicare bulletins.

HHS Enlists Seniors to Patrol for Potential Fraud: The U.S. Department of Health and Human Services has awarded $4.5 million in grant funds to 51 programs that train retirees to help other older Americans identify and prevent billing errors and potential fraud. The programs are part of HHS' Administration on Aging's Senior Medicare Patrol Project. For more information on the Senior Medicare Patrol, visit www.aoa.gov/smp.

NHIA Adds to Legislative Activities, Services: The Alexandria, Va.-based National Home Infusion Association has formed a partnership with the Washington-based National Alliance for Infusion Therapy in order to strengthen NHIA's ability to provide legislative advocacy for its members. NAIT is a lobbying organization that represents infusion-therapy manufacturers and providers. NHIA also has created a legislative information center on its Web site, www.nhianet.org, which provides legislative updates and position papers to NHIA members.

Regulatory

Medicare to DMERCS: Standardize LMRP Reconsideration Process: Medicare's durable medical equipment regional carriers must establish a uniform process whereby providers can request revisions to local medical review policies, according to a July 10 transmittal from the Baltimore-based Centers for Medicare and Medicaid Services. Standardizing the informal processes that the carriers have used until now to reconsider LMRPs, the transmittal said that carriers must respond quickly to reconsideration requests, must be willing to reconsider the entire LMRP or any part of the LMRP, must provide information about the LMRP reconsideration process online, must reply to invalid requests within 30 days, and must reply to valid requests within 90 days. This transmittal is available at www.hcfa.gov/pubforms/transmit/memos/comm_date_dsc.htm.

People & Places

Joint Commission Appoints HME Representative to Board of Directors: The Joint Commission on Accreditation of Healthcare Organizations in Oakbrook Terrace, Ill., has appointed Frances Baby to fill a new, non-voting seat on the organization's board of commissioners. Baby will join the board in July and will represent the HME sector.

Gerberding Named Head of CDC: Julie Gerberding has been appointed director of the Atlanta-based Centers for Disease Control and Prevention and administrator for the Agency for Toxic Substances and Disease Registry. Gerberding has been acting principal deputy director of the CDC since March and has served as acting deputy director of the CDC's National Center for Infectious Diseases. She joined the agency in 1998 as director of the Division of Healthcare Quality Promotion.

CMS Announces New Division Directors: Gail McGrath has been appointed director of the Center for Beneficiary Choices in the Centers for Medicare and Medicaid Services. McGrath has 25 years of experience with health care business issues, and was the founder and executive director of the Home Health Services and Staffing Association.

Stuart Guterman has been appointed director of research for CMS.

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