Redefining Rehab: From State House to Capitol Hill

In 2003, Tennessee became the first state to mandate certification for HME dealers when fitting individuals in wheelchairs for long-term use. Now known as “consumer protection” legislation, the law is a good beginning, according to Darren Jernigan, director of government affairs for Lebanon, Tenn.-based Permobil, which was instrumental in drafting the legislation and hopes to encourage other states to follow Tennessee's lead.

While provisions in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 make accreditation mandatory for providers reimbursed by Medicare, state laws would require certification for individuals and would apply to all providers, whether they do business with the government or not. “Requiring that a consumer who needs a wheelchair for long-term use be seen by a person with credentials in seating and positioning is a first step,” Jernigan says, adding that although most states are suffering from budget problems, such laws could save money that currently is being spent on unnecessary surgical procedures and unscrupulous dealers.

HomeCare spoke with Jernigan about the Tennessee law, pending certification bills in other states and the prospects for such legislation to be realized at the federal level.

HC: Who initiated the legislation in Tennessee?

Jernigan: The first meeting was a [joint effort] between the Vanderbilt University Wheelchair Clinic and Permobil. From there, the process grew like a snowball, [eventually] involving many.

HC: Why did Permobil get involved?

Jernigan: One of my objectives when I was hired at Permobil was to professionalize the industry. Certification is a way to accomplish this goal, and attempting to reach it through state legislatures is the best chance to achieve [mandatory certification]. The cliché “act of Congress” is a cliché for a reason. You have to start at the state level.

HC: What does the Tennessee certification law legislate?

Jernigan: In its simplest form, the [law] requires suppliers who provide power wheelchairs to be certified to do so and to have a certified individual on staff. It also eliminates drop-shipping and Internet sales [of] power wheelchairs.

HC: Who does it affect?