TALLAHASSEE, Fla.--For the third time in as many years, Florida providers appear on their way to defeating a state Medicaid mandate for DME competitive bidding.

Submitted earlier this month, proviso language before the state Senate Ways and Means Committee would eliminate instructions to the state health agency that could have led to DME competitive bidding for Florida Medicaid business. In its place, lawmakers have added an amendment to the proposed state budget requiring providers to become accredited in order to maintain their state license.

The language complements a bill introduced in the state House with companion legislation in the Senate that would require Florida DME suppliers to become accredited.

"Accreditation is the best direction for the industry to move into," said Ramon Maury, an industry lobbyist representing a coalition of several state providers, including Miami-based PediStat and Ft. Lauderdale-based Galaxy Medical. He added that the bills have recently been tweaked to address concerns raised by the Florida Association of Medical Equipment Services (FAMES).

The bills' original language would have required providers to become accredited by Jan. 1 of 2006. But according to Brian Seeley, FAMES president and president of Ormond Beach, Fla.-based Seeley Medical, "It would be very difficult to implement mandatory accreditation within six months of the effective date of this bill ... FAMES research in January 2005 found that out of 2,126 licensed durable medical equipment providers in Florida, only 8 percent were accredited. This means that the accrediting organizations would have to accredit approximately 1,956 HME providers within the allotted time frame, and we are not comfortable that each and every provider will have a fair and reasonable opportunity to conform to the requirement."

While the association fully supports the intent behind mandatory accreditation, Seeley said, "we think that an effective date of Jan. 1, 2007, is more sound."

"We're very conscious of the time frame issue," Maury said, noting that an amendment to the bill allows for a kind of "temporary license" for providers as long as they can show "they've met minimum requirements and are going through the process of accreditation."

Seeley also said FAMES has concerns about home care companies' operating hours. The bill originally required HME providers to be open between 9 a.m. and 5 p.m.

The language "is too vague," he said, explaining it could be interpreted to mean "that providers must be open and operating seven days per week, including holidays; nor does it take into account that many small providers close their businesses during lunch, though they're still accessible by phone."

"We're still working through that issue," Maury said, adding that lawmakers are adding a technical amendment to alleviate concerns.

Three years ago, the state introduced a competitive bidding proposal that FAMES defeated in a $200,000 lawsuit. Two years ago, competitive bidding language was again written into the budget, but the state agency never carried out the program.

The current version of the bill, HB 179, is posted on the Florida House Web site, available by clicking here.