The goal is for the final Medicare package to include language that would delay competitive bidding, repeal the oxygen cap and transfer of ownership, carve out complex rehab and retain the first-month purchase option for power wheelchairs. If a bipartisan Medicare package can make it through Congress, Johnson and others said, the president is unlikely to veto it.

Grassley’s current bill does not include any cuts to home care, and it eliminates the 36-month cap on oxygen and the transfer of equipment ownership to the beneficiary mandated under the Deficit Reduction Act. Baucus' version includes cuts both to oxygen and standard PWCs.

“From the industry’s perspective, we need to support Grassley,” Johnson said.

Gallagher called on all providers to contact their legislators and voice support for the Stark-Camp bill in the House and also for the provisions in Grassley’s bill in the Senate.

“We as providers need to be contacting our House of Representatives and saying we approve Stark’s amendments and section 142 of Grassley’s bill, which would repeal the oxygen cap, and talk to the senators and say the same thing,” said Gallagher. “If it’s the same language in all three bills, we’ve got a chance.”

He pointed out that winning a delay in competitive bidding could be a huge boon to the industry in another way. “It gives us the opportunity with a new administration … to right the ship and look at fee-based service components,” he said. “There’s a lot to like about this.”

After several years of pouring efforts into fighting competitive bidding, the HME industry is closer now to winning the battle than it’s ever been, stakeholders said.

“We’re close, but we’re not there yet,” cautioned Bachenheimer, “so it’s still important at a grassroots level for providers to communicate with their legislators.”

If providers don’t get behind the legislation, warned Gallagher, “the alternative is losing thousands of providers in both rounds one and two. We can hang together, or we can surely hang separately.”

It could all be over in a couple of weeks, he said. “Time is of the essence.”

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