LANSING, Mich.--Michigan Rep. Joe Schwarz, considered a champion for HME after authoring a bill to prevent home oxygen cuts, lost his House seat in the state's Republican primary last Tuesday.

After serving only one term in Congress, Schwarz was defeated by opponent Tim Walberg, a minister, in Michigan's 7th District.

Schwarz, an ear, nose and throat surgeon, was lauded by the industry earlier this year for introducing the Home Oxygen Patient Protection Act (H.R. 5513), a measure that would repeal the Deficit Reduction Act's requirement to cap oxygen rental at 36 months and transfer equipment title to the beneficiary. The legislation has gathered 48 co-sponsors in the House, and a companion bill, S. 3814, was recently introduced in the Senate (see HomeCare Monday, Aug. 7).

If the bill doesn't move in this session of Congress, Schwarz had vowed to introduce it again in the next. The oxygen bill "is just one of those little pieces of good government that has to happen," he said in June at the American Association for Homecare Washington Legislative Fly-in.

In its member newsletter last week, AAHomecare called Schwarz's defeat a "disappointment for home care."

And in a message on The VGM Group's Web site, John Gallagher, vice president of government relations for the Waterloo, Iowa-based buying group, said he believes Schwarz will continue to be a strong advocate for the oxygen bill before his term concludes in December. Rep. Tom Price, R-Ga., another physician who co-authored the bill, also will continue to work for its passage.

"There is a very strong lesson to be learned here by the HME industry ... we must not put all our hopes and fears on one legislative champion. This reinforces the need for grassroots efforts to build multiple champions for the industry," Gallagher said. "Politics is a very fickle partner; we need to ensure that we build support with each member of Congress."

In his re-election campaign, Schwarz was backed by President Bush and Sen. John McCain, R-Ariz., but was considered a moderate for his views on stem cell research and abortion.

According to the Detroit Free Press, Schwarz said supporters suggested that he follow Connecticut Sen. Joe Lieberman's lead and run in the general election as an independent. Schwarz told the newspaper the idea is "intriguing," but said he is not interested.

To view the text of H.R. 5513, click here.