WASHINGTON--Aimed at removing Medicare's "in the home" interpretation for coverage of mobility devices, the Medicare Independent Living Act (H.R. 1809) has been introduced in the House of Representatives.

Its authors said the bill would improve community access for beneficiaries with mobility impairments by removing a restriction that bases coverage of mobility devices solely on an individual's mobility needs inside the home.

Introduced by Reps. Jim Langevin, D-R.I--the first quadriplegic elected to Congress--and Jim Ramstad, R-Minn., the bill has bipartisan backing from 10 additional cosponsors.

"This legislation will help ensure that individuals with disabilities have access to appropriate mobility devices and, in turn, improved access to their communities," Langevin said in a press release. "It is time we remove this outdated restriction and better align Medicare policies with the disability community's goal of independent living."

According to the release, "the statutory 'in the home' language was originally meant to define durable medical equipment as devices that were provided outside of a hospital or skilled nursing facility and, therefore, warranted separate reimbursement under Medicare Part B, rather than Part A. However, over time, Medicare has chosen to interpret this language in a way that restricts coverage of mobility devices to only those that are reasonable and necessary in the individual's home."

In a 2005 interview with HomeCare, Langevin said he felt CMS had missed opportunities to clarify the issue both in a new national coverage determination on mobility issued in May and later that year in its interim final rule on power mobility devices. Langevin subsequently co-authored a letter to HHS Secretary Michael Leavitt--signed by nearly 70 other congressmen--asking CMS to modify its in-home coverage restriction. (See HomeCare, October 2005.) The lawmakers said that if CMS decided the change couldn't be accomplished under the regulatory process, they would examine legislative options.

"We may very well have to introduce legislation to fix the issue, which I've pledged to do," Langevin said at the time. "There are people with great talents and skills who are stuck in their house as opposed to serving in Congress with me or being out there in the community realizing their potential and contributing their gifts and talents. It's a waste of talent and resources that we could use in the workforce."

The proposed legislation was immediately lauded by members of the ITEM (Independence Through Enhancement of Medicare and Medicaid) Coalition, whose members include 74 disability and health advocacy organizations.

"Perpetuation of the 'in the home' restriction contradicts numerous other government initiatives such as the Americans with Disabilities Act, the Olmstead Supreme Court decision, the Ticket-to-Work Program and the New Freedom initiative--all aimed at improved community access for individuals with disabilities," said Lee Page of the Paralyzed Veterans of America and a member of ITEM's steering committee. "An individual's need for mobility does not end at their front door, but rather extends to places such as work, school and the community in general."

The text of H.R. 1809 should be available shortly at http://thomas.loc.gov.

For more on the ITEM Coalition, see www.itemcoalition.org.

Want to use this article? Click here for options!
© 2007 Penton Media, Inc.