Playing by New Rules

As CMS seeks to hammer out a new way of doing business with the mobility market, a number of industry and advocacy organizations are trying to ensure that mobility providers, manufacturers and end users have some say in the crafting of new rules and regulations.

Among them, the American Association for Homecare's Rehab and Assistive Technology Council, the National Coalition for Assistive and Rehab Technology and the Restore Access to Mobility Partnership have each sought to rally providers, educate legislators and establish a stronger working relationship with CMS. At this juncture, it appears these groups and others are making progress, albeit slow, in breaching a communication gap between the mobility industry and the agency — and in harnessing support from at least some legislators.

As Seth Johnson, chair of AAHomecare's RATC notes, “2005 certainly ended better than it began, and 2006 promises to be a year of opportunity for this segment of the DME industry.”

Last year, Johnson says, the mobility industry got a “new and improved coverage standard that eliminated the archaic ‘bed or chair confined’ standard.” In addition, he says, delay of the Interim Final Rule until at least April 1 allows time for physicians to become educated on what is needed to substantiate medical necessity for power mobility devices.

Also, he believes, “the industry will have an opportunity to work with the government on the development of a modified final rule that addresses the remaining issues with the IFR, new power mobility device codes, fee schedules and a Local Coverage Determination that ties the new codes to the National Coverage Determination.”

Sharon Hildebrandt, executive director of NCART, describes the current mobility climate as being one of instability. “There's a lot of change that has gone on, with the IFR that was issued then rescinded, and the power wheelchair codes that were put forth and then pulled back, so there is a lot of confusion and frustration.

“I guess ‘instability’ would be a good word to use. It's hard for our members to know what to do.”

Still, she is encouraged by the reception to industry input from CMS and congressional legislators. “They're very willing to meet with us and to work with us, and for that, we are very grateful,” she says.

“The clouds should lift for the mobility segment of the industry,” according to Johnson, who adds the caveat, “as long as the industry is united in our strategies and solutions to address these issues.”