WASHINGTON--Fighting for the repeal of the 36-month rental cap on home oxygen is among the top legislative and regulatory priorities the American Association for Homecare has set for 2006.

Last week the association outlined the following issues it will pursue this year:

--Oxygen and HME capped-rental: Advocate for the repeal of the oxygen cap and the 13-month cap on HME items enacted in the Deficit Reduction Act of 2005; oppose the 13-month oxygen cap in the Bush administration's proposed FY '07 budget; work on long-term solutions to oxygen reimbursement issues via a summit meeting; continue to present regulatory compliance, provider and patient-safety concerns related to oxygen capped-rental to CMS and Congress; craft codes and descriptions for maintenance and repair for CMS; and request a delay in the implementation of noninvasive positive pressure ventilation capped rental.

--Competitive bidding: Support passage of the Hobson-Tanner Bill (H.R. 3559), which includes patient-access and small-business protections; advocate appropriate rules from CMS in response to the notice of proposed rulemaking; urge CMS not to rush implementation of DME competitive bidding "to get it right;" and monitor the development of quality standards.

--Inhalation dispensing fee: Collect data on the detrimental effects of inhalation dispensing fee cuts and submit to CMS in advance of the 2007 physician fee schedule.

--Home health: Preserve the integrity of the home health benefit by opposing a freeze in the home health reimbursement update in 2007 and through educating Congress, MedPAC and consumers. Initiate legislation that addresses funding for home health agency health information technology, i.e., point-of-care and telehealth, pay-for-performance and evidence-based best practices.

--Rehab and assistive technology: Ensure the power mobility codes and local coverage determination preserve patient access to the most medically appropriate equipment, services and technology; educate Congress about gap-filling; preserve the first-month purchase option for power mobility; ensure that the final rule for power mobility devices provides for greater documentation clarity, physician education and a 60-day timeframe for face-to-face exams; and exempt rehab from national competitive bidding.

Other regulatory issues the association will pursue include:

--Electronic Data Interchange: Research existing electronic records proposals and their implications for home care; seek modes for participation in existing efforts; and develop proactive solutions for home care.

--National Supplier Clearinghouse/National Provider Identifier issues: Continue to monitor provider issues with NSC and NPI and participate in comment periods.

--Durable Medical Equipment Regional Carrier/Medicare Administrative Contractor transition: Continue to monitor advance payments, proof of delivery and other issues.

--Pay for performance: Monitor home health pay for performance and participate in national stakeholders' meetings; assess process measures that may be used for some kind of HME pay for performance system and other ways for HME companies to be involved in quality initiatives.

--Medical gases: Conduct 25-inch vacuum evacuation validation study and present to FDA; continue to monitor current good manufacturing practice.

The association said it will employ a variety of strategies in achieving its goals, including expansion of grasstops and grassroots efforts and stronger ties to patient and physician stakeholder groups. It also will continue to educate Congress, regulators, the press and consumers about the value of home care and will work to increase the industry's visibility.