WASHINGTON--Two congressmen are urging their fellow House members to sign a letter to HHS Secretary Michael Leavitt requesting that he modify Medicare's in-the-home requirement for coverage of mobility equipment.

Reps. Charlie Bass, R-N.H., and Jim Langevin, D-R.I., began circulating the letter on behalf of the ITEM (Independence Through Enhancement of Medicare and Medicaid) Coalition on Thursday in response to CMS' new mobility coverage guidelines.

The consumer-led organization is one of many disability advocate groups and mobility stakeholders disappointed that the new policy did not remove the in-the-home restriction--language that limits coverage to those who have medical need for mobility-assist devices in the home, excluding those who need the equipment only for work or another use outside of the home.

In an attached letter explaining the policy to their colleagues, Reps. Bass and Langevin noted that perpetuation of the in-the-home restriction "runs counter to important goals established in the administration's New Freedom Initiative and legislation such as the Ticket to Work program, which seeks to return people with disabilities back into the workforce and into communities. This sends a mixed message by denying individuals with disabilities the basic tools they need to achieve maximum function and independence."

The letter to Leavitt includes the following paragraph:

"In order to ensure that the 'in the home' requirement does not act as a barrier to community participation for Medicare beneficiaries with disabilities and mobility impairments, we ask that you modify this requirement through the regulatory process. Additionally, if your agency concludes that the 'in the home' requirement cannot be addressed through the regulatory process, we request that you respond with such information as quickly as possible so that Congress may begin examining legislative alternatives."

ITEM spokeswoman Emily Niederman said she is optimistic the letter will gather a significant number of House signatures. The organization is also working on a similar letter to be circulated in the Senate. "[Eliminating the in-the-home requirement] is something that should have been done a long time ago," she said. "It's so outdated."

A CMS decision memorandum said the mobility NCD would not be the appropriate place to change the restriction, which comes from the Medicare statute.

For more on the NCD, access the May 9 HomeCare Monday by clicking here.